Carnagio McDonald’s employee finger scan $895K class action settlement

Carnagio has agreed to pay over $895,000 as part of a settlement to resolve claims it violated Illinois’ Biometric Information Privacy Act (BIPA) with a fingerprint time clock at its Illinois McDonald’s locations.

The settlement benefits individuals who had their biometric information collected by Carnagio when clocking into work in Illinois since Feb. 11, 2014, despite not providing written consent. There are an estimated 1,417 class members included under this definition. 

Carnagio Enterprises operates several McDonald’s locations in Illinois, including the Chicago suburbs and Joliet and Kankakee areas. The locations are operated in partnership with JJC restaurant group and are owned by John and Joanne Carnagio.

Workers at Carnagio McDonald’s locations may have had their privacy rights violated by fingerprint time clocks. According to a class action lawsuit, Carnagio uses employee fingerprints for time keeping purposes but fails to provide disclosures, get consent and comply with other regulations under BIPA.

BIPA aims to protect Illinoisans’ sensitive biometric such as fingerprints and facial geometry scans. Since these identifiers cannot be changed if compromised, BIPA requires companies to get written consent, provide various disclosures and follow other regulations when collecting and storing biometrics. Failing to comply with BIPA can result in damages of up to $5,000 per violation.

Plaintiffs in the BIPA class action lawsuit accused Carnagio of failing to comply with BIPA and sought damages for the violations.

Carnagio hasn’t admitted any wrongdoing but agreed to resolve these claims with a $895,158 class action settlement. If additional class members are identified, the settlement fund may be increased by $631.72 per additional class member.

Under the terms of the settlement, class members can receive an equal share of the net settlement fund after fees and costs are deducted. The settlement allows a plaintiff service award of $10,000, attorneys fees of up to 35% of the settlement and additional costs for settlement administration. 

No payment estimates are available, as payments will vary depending on deduction amounts and the number of class members who participate in the settlement.

If any funds remain in the Carnagio McDonald’s employee finger scan settlement fund after the distribution of payments, $15,000 will be provided to Prairie State Legal Services. Any remaining funds beyond $15,000 will revert to Carnagio.

The deadline for exclusion and objection is Sept. 26, 2022. 

The final approval hearing for the settlement is scheduled for Oct. 19, 2022.

In order to receive a payment from the Carnagio McDonald’s employee finger scan settlement, class members must submit a valid claim form by Sept. 26, 2022.

Who’s Eligible

The settlement benefits individuals who had their biometric information collected by Carnagio when clocking into work in Illinois since Feb. 11, 2014, despite not providing written consent. There are an estimated 1,417 class members included under this definition.

Potential Award

TBD

Proof of Purchase

No proof of purchase applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/26/2022

Case Name

Karikari v. Carnagio Enterprises, Inc., Case No. 2019 L 000168, in the Circuit Court of DuPage County, Illinois

Final Hearing

10/19/2022

Settlement Website

CollectiveAction.io

Claims Administrator

Karikari v. Carnagio Enterprises, Inc.
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
CEInc.BIPA@noticeadministrator.com
855-789-2591

Class Counsel

David J Fish
FISH POTTER BOLAÑOS PC

Defense Counsel

Jamie L Filipovic
O’HAGAN MEYER LLC