Illinois Central Railroad employee finger scan $3.8M class action settlement

Illinois Central Railroad Co. agreed to pay $3.8 million to resolve claims it collected employee fingerprints without proper consent and disclosures.

The settlement benefits individuals who accessed an Illinois Central Railroad facility through a SpeedGate System between April 22, 2014, and June 29, 2022. 

Illinois Central Railroad Co. was responsible for operating the Illinois Central Railroad, also known as the Main Line of Mid-America, which connected Chicago with New Orleans and other locations. The Canadian National Railway took over the railroad in 1998, but still operates under the Illinois Central Railroad name.

According to a class action lawsuit, Illinois Central Railroad violates the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing fingerprints without the proper disclosures.

Individuals who visit the railroad’s facilities are allegedly required to scan their fingerprints for access through a SpeedGate System. Although these systems are not illegal, the company allegedly violates BIPA by failing to get prior written consent from visitors and by failing to provide the necessary BIPA disclosures.

The plaintiff in the case says he had to visit Illinois Central Railroad facilities during his work as a truck driver. When visiting these locations, the company allegedly scanned, collected and stored his fingerprints but failed to comply with BIPA while doing so. 

“By failing to comply with BIPA, Defendant has violated Plaintiff’s substantive state rights to biometric privacy,” the BIPA class action lawsuit contends.

The plaintiff sought damages of up to $5,000 per violation for himself and similarly situated class members.

Illinois Central Railroad hasn’t admitted any wrongdoing but agreed to pay $3.8 million to resolve these allegations. 

Under the term of the settlement, class members can receive a cash payment. Exact payments will vary depending on the number of claims filed with the settlement and the net settlement fund after the deduction of fees, costs and awards. No payment estimates are available at this time.

The settlement also provides non-monetary relief. 

The railroad agreed to comply with BIPA requirements when collecting fingerprints from individuals accessing its facilities by providing BIPA disclosures, obtaining written releases and establishing a public retention schedule. 

The deadline for exclusion and objection was Sept. 10, 2022. 

The final approval hearing for the settlement is scheduled for Oct. 3, 2022.

In order to receive settlement benefits, class members must submit a valid claim form by Sept. 26, 2022.

Who’s Eligible

The settlement benefits individuals who accessed an Illinois Central Railroad facility through a SpeedGate System between April 22, 2014, and June 29, 2022.

Potential Award

TBD

Proof of Purchase

You may be contacted by the settlement administrator and required to provide additional information as necessary to process the payments due to you under the settlement.

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

Rogers v. Illinois Central Railroad Co., Case No. 2019-CH-05129, in the Circuit Court of Cook County, Illinois

Final Hearing

10/03/2022

Settlement Website

RailRoadBIPSSettlement.com

Claims Administrator

Rogers v. ICRC Settlement
P.O. Box 4656
Portland, OR 97208-4656
info@RailRoadBIPASettlement.com
888-490-0835

Class Counsel

Myles McGuire
Evan M Meyers
David L Gerbie
Brendan J Duffner
MCGUIRE LAW PC

Defense Counsel

Andrew J Butcher
SCOPELITIS GARVIN LIGHT HANSON & FEARY PC