Native Wholesale biometric privacy $691K class action settlement

Native Wholesale Inc. will pay $691,000 as part of a settlement in a class action lawsuit that alleged it violated the Illinois Biometric Information Privacy Act (BIPA) when it took biometric identifiers from its employees without providing disclosures and obtaining written consent. Native Wholesale denies it violated BIPA and is settling the class action due to the risk and cost of ongoing litigation.

The class includes anyone who worked or is working for Native in Illinois and who used a finger- or hand-scanning time clock to clock in and out of work at Native Wholesale Inc. from May 8, 2015, to July 1, 2021, before signing a consent form.

Native Wholesale Inc. is a wholesale distributor of flowers and florist supplies, according to Bloomberg. It has five locations across the United States. The settlement only applies to those working in Illinois.

The lawsuit centers on BIPA’s restrictions that prohibit private companies from capturing, storing or sharing biometric identifiers such as fingerprints, hand geometry, facial recognition or retina scans for any purpose without first providing written disclosures and obtaining written consent. The lawsuit alleged Native did not meet these requirements.

The BIPA legislation was enacted to protect individual rights and potential identity theft. The law provides that a person aggrieved by “negligent” violations is eligible for recovery of $1,000, and $5,000 against a private entity that “intentionally or recklessly violates” the law. Other companies have also reached settlements over claims they violated BIPA.

Native Wholesale settlement class members could see $1,000

Class members may claim a part of the settlement by submitting a claim form. 

Each class member could receive as much as $1,000, but the amount could be less, depending on how many members file claims. Of the $691,000, 35% will go toward attorneys’ fees, and another $15,000 will be paid to the court. The remaining proceeds will be paid to class members who file valid claims.

Class members have until Dec. 19, 2022, to object to or exclude themselves from the Native Wholesale BIPA settlement. 

Exclusion means members will not be eligible to receive funds but retain their right to sue individually. Class members who object to the settlement need to send their objections to the court in writing.

A final hearing will be held April 4, 2023.

All claims must be submitted using a claim form, which will require each member to affirm he or she scanned his or her finger or hand using the company’s timekeeping system. The form must be fully completed in order to receive the settlement payment. 

The deadline for filling out the form is Jan. 30, 2023. Class members who do not fill out the form will forfeit their claim for payment and their rights to sue at a later date.

Who’s Eligible

Anyone who worked or is working for Native in Illinois and who used a finger- or hand-scanning time clock to clock in and out of work at Native Wholesale Inc. from May 8, 2015, to July 1, 2021, before signing a consent form

Potential Award

Varies

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

01/30/2023

Case Name

Bernal, et al. v. Native Wholesale Inc., Case No. 2020-CH-04118 in the Circuit Court of Cook County, Illinois

Final Hearing

04/04/2023

Settlement Website

NativeBIPASettlement.com

Claims Administrator

Native Wholesale, Inc. BIPA Settlement
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
info@NativeBIPASettlement.com
877-643-8105

Class Counsel

David Fish
Mara Baltabols
FISH POTTER BOLAÑOS PC

Defense Counsel

J Hayes Ryan
GORDON REES SCULLY MANSUKHANI LLP