Niemann Foods $4.2M Biometric Privacy Class Action Lawsuit

Niemann Foods employees who clock in and out using a finger scan may be able to claim compensation as part of a $4.2 million class action settlement.

The settlement benefits anyone in Illinois who created a finger scan to clock in and out of work at Niemann Foods from five years before the class action lawsuit was filed through Nov. 5, 2019.

Class Members submitting a timely claim form are expected to receive a check for $494, according to the settlement agreement.

Niemann Foods maintains it has not acted inappropriately, but has agreed to the settlement to avoid the expense and uncertainties associated with continuing litigation.

The class action lawsuit alleged Niemann Foods violated the Illinois Biometric Information Privacy Act (BIPA) by requiring employees to submit a finger scan for time-keeping purposes without first providing the required disclosures and obtaining the required consent.

Under BIPA, employers are required to get consent from the employee prior to them submitting a finger scan or other biometric data. They also must have a written policy about how the biometric data is collected and used, as well as when and how the information will be destroyed. 

A final hearing is scheduled for March 24, 2021.

The deadline to object to or opt out of the settlement is March 1, 2021.

Opting out of the settlement means you will not receive a cash payment, but you will remain free to pursue legal action against Niemann Foods on your own. To exclude yourself, you must submit a signed exclusion to class counsel by the deadline.

Objections to the proposed settlement must include your full name, address, and phone number; the case number and name of the litigation; the date range during which you worked for the Niemann Foods; all grounds for the objection, with factual and legal support and supporting materials; identification of any other objections filed by you or on your behalf in any other class action lawsuit in the last four years; and your signature.

The deadline to file a claim in this settlement is also March 1, 2021.

Who’s Eligible

Anyone in Illinois who created a finger scan to clock in and out of work at Niemann Foods from five years before the class action lawsuit was filed through Nov. 5, 2019.

Potential Award

$494

• Class Members submitting a timely claim form are expected to receive a check for $494, according to the settlement agreement.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

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

03/01/2021

Case Name

Crystal Lee, et al. v. Niemann Foods Inc., Case No. 2019L00152 in the Circuit Court of the 7th Judicial Circuit of Sangamon County, Illinois

Final Hearing

03/24/2021

Settlement Website

NFISettlement.com

Claims Administrator

Class Counsel

Brandon Wise
Paul Lesko
PEIFFER WOLF CARR KANE & CONWAY APLC

Defense Counsel

Eric Samore
SMITH AMUNDSEN LLC

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