Termax biometric privacy $472K class action settlement

Termax agreed to pay $472,100 as part of a class action lawsuit settlement to resolve claims it collected employee biometrics in violation of Illinois’ Biometric Information Privacy Act (BIPA).

The settlement benefits current and former Termax employees in Illinois who had their biometric identifiers or information collected, captured, received or otherwise obtained by Termax between Sept. 30, 2016, and Aug. 1, 2022.

According to a class action lawsuit from former employees, Termax violated BIPA by collecting employee fingerprints using a time clock system. The company allegedly failed to provide the BIPA-required disclosures or obtain the necessary consent before collecting and storing biometric information.

Termax is a manufacturing and engineering company based in Lake Zurich, Illinois. The company specializes in metal, plastic and rubber fastening systems.

Termax hasn’t admitted any wrongdoing under BIPA but agreed to pay $472,100 to resolve these allegations. 

Under the terms of the Termax settlement, class members can receive an equal share of the net settlement fund. Exact payments will vary depending on the number of claims filed with the settlement.

Any residual funds from the settlement will be donated to a court-chosen charitable recipient. No funds will revert to Termax if unclaimed by class members.

The company will provide prospective relief under the settlement, including future compliance with BIPA requirements by providing the necessary notices and consents.

The deadline for exclusion and objection is Feb. 13, 2023.

The final approval hearing for the settlement is scheduled for March 22, 2023.

In order to benefit from the settlement, class members must submit a valid claim form by May 6, 2023.

Who’s Eligible

Current and former Termax employees in Illinois who had their biometric identifiers or information collected, captured, received or otherwise obtained by Termax between Sept. 30, 2016, and Aug. 1, 2022.

Potential Award

Varies.

Proof of Purchase

N/A

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

05/06/2023

Case Name

Luna v. Termax Co., Case No. 21CH00000356, in the Circuit Court of the 19th Judicial District for Lake County, Illinois

Final Hearing

03/22/2023

Settlement Website

TmxFingerprintSettlement.com

Claims Administrator

Settlement Administrator
Luna v Termax Company
c/o Simpluris, Inc.
P.O. Box 26170, Santa Ana, CA 92799
866-605-3086

Class Counsel

Roberto Luis Costales
William H Beaumont
BEAUMONT COSTALES LLC

Defense Counsel

Harry J Secaras
OGLETREE DEAKINS NASH SMOAK & STEWART PC