This page provides the answers to class members’ most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Court-Authorized Notice.

About The Settlement

What is this lawsuit about?

This Lawsuit is about whether Metrostaff Incorporated (“Metrostaff”) violated the Illinois Biometric Information Privacy Act (“BIPA”). BIPA prohibits private companies from capturing, obtaining, storing, transferring, and/or using an individual’s biometric identifiers and/or biometric information, including fingerprint or hand geometry scan data, without first providing an individual with certain written disclosures and obtaining written consent. The Lawsuit alleges that Metrostaff violated BIPA by collecting fingerprint data from Metrostaff employees in Illinois as a means of identifying and you tracking hours worked without first providing written notice or obtaining written consent. Metrostaff denies the allegations in the Lawsuit and denies any violation of the law. Both sides agreed to the settlement to resolve the Lawsuit. The Court did not decide whether Metrostaff violated the law.

What does the Settlement provide?

The class action settlement provides for a total payment of $1,250,000.00 that Metrostaff has agreed to pay to settle the claims of Settlement Class Members. Subject to Court approval, the gross settlement fund shall be reduced by the following: (1) an award of up to 38% of the total settlement for Settlement Class Counsel’s attorney fees and litigation costs; (2) an Incentive Award of $8,500.00 each to the Settlement Class Representatives; and (3) the Settlement Administrator’s costs of up to $100,000. Following these reductions, the remaining amount shall be the net settlement fund which shall be distributed pro rata to Settlement Class Members who timely return valid claim forms (“Settlement Class Participants”). The amount of money each Settlement Class Participant will receive will depend on the number of Settlement Class Members who timely return valid claim forms.

How do I get benefits?

If you want to receive a settlement payment, you must complete and submit online, or postmark and mail for return, a claim form.

Who represents the Settlement Class?

The Court has appointed Settlement Class Counsel, identified below, to represent Settlement Class Members in this settlement. Settlement Class Counsel will request 38% of the total settlement amount as attorney fees plus reimbursement of their costs.

Thomas M. Ryan
Law Office of Thomas M. Ryan, P.C.
35 E. Wacker Drive, Suite 650
Chicago, IL 60601
Tel: 312.726.3400

James X. Bormes
Catherine P. Sons
Law Office of James X. Bormes, P.C.
8 S. Michigan Ave., Suite 2600
Chicago, IL 60603
Tel: 312.201.0575

You will not have to pay Settlement Class Counsel from your settlement award or otherwise. You also have the right to hire your own attorney at your own expense.

How do I get out of the Settlement?

If you do not want to be legally bound by the settlement, you must exclude yourself from the settlement. To do so, you must mail or email your written request for exclusion to the Settlement Administrator. Your written request for exclusion must include your full name, address, telephone number, a statement that you wish to be excluded from the settlement, and it must be personally signed by you. If you exclude yourself, you will not receive money from this settlement, but you will keep your legal rights regarding any claims that you may have against Metrostaff and the other Released Parties.

How do I object to the Settlement?

If you want to object to the settlement, you must mail or email a written objection to the Settlement Administrator which includes your full name, address, telephone number, the grounds for the objection, and copies of any other documents that you wish to submit in support your objection. Any objection must also be personally signed by you. If you exclude yourself from the settlement, you cannot file an objection.

When and where will the Court hold a hearing on the fairness of the Settlement?

The Court will hold a hearing in this case on May 3, 2022, in Courtroom 2307 of the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 W. Washington Street, Chicago, Illinois 60602 or via Zoom (Meeting ID 876 8729 8501; Passcode: 926987) at 11:00 a.m.