Cafeteria BIPA Settlement

Davis v. Cafeteria Alternatives, Inc., No. 2020-CH-05734 (Cir. Ct. Cook Cnty., Ill.)

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Frequently Asked Questions

Learn How This Settlement Affects Your Rights and Get Answers to Your Questions About the Settlement

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Important Dates

Important Settlement Dates That Will Affect Your Rights

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Court Documents


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A proposed settlement has been reached in a class action lawsuit against Cafeteria Alternatives, Inc. (“Defendant”) regarding a timekeeping system it used in Illinois that allegedly required employees to scan their finger for timekeeping purposes, purportedly in violation of the law. The case is Davis v. Cafeteria Alternatives,, Inc., Case No. 2020-CH-05734, currently pending in the Circuit Court of Cook County, Illinois. The proposed Settlement is not an admission of wrongdoing by Defendant, and it denies that it violated the law. The Court has not decided who is right or wrong. Rather, to save the time, expense, and uncertainty of litigation, the Parties have agreed to settle the lawsuit.

If you received a notice in the mail, our records indicate that you were employed by Defendant and may have scanned your finger for timekeeping purposes while working for Defendant within the state of Illinois. You are included in the Settlement if you scanned your finger using Defendant’s timekeeping system in Illinois at any time on or after September 4, 2015.

Defendant has agreed to create a $146,576.00 Settlement Fund. To receive money from the Settlement, you do not have to do anything. If the Court approves the Settlement, and you do not exclude yourself from the Settlement Class, you will automatically receive a check from the Settlement Administrator constituting an equal share of the Settlement Fund after deductions for the Settlement Administrator’s expenses, attorneys’ fees, costs and expenses for Class Counsel, and a Service Award for the Class Representative. The exact amount of each Class Member’s payment is unknown at this time, but the per-person payment is estimated to be approximately $400-500.

If you do not want to be legally bound by the Settlement, you must exclude yourself by June 2, 2023. If you exclude yourself, you will not receive any money from the Settlement. If you do not exclude yourself, you may object to it by June 2, 2023. The detailed notice, available here, explains how to exclude yourself or object. The Court will hold a hearing on June 21, 2023 via Zoom videoconferencing [Meeting ID: 928 4730 2982; Passcode 411367] to consider whether to approve the Settlement, Class Counsel’s request for attorneys’ fees of up to 25 percent of the Settlement Fund, plus their costs and expenses, and a Service Award for the Class Representative of up to $2,000.00. You can appear at the hearing, but you do not have to. If you want, you can hire your own attorney, at your own expense, to appear or speak for you at the hearing.

For more information, please review the Notice and/or contact the Settlement Administrator.

You May: Effect of Choosing the Option: Due Date:
ACCEPT THE SETTLEMENT To accept the Settlement and receive payment from the Settlement Fund, you do not have to do anything. If the Court approves the Settlement, the Settlement Administrator will automatically send a check to your last known mailing address.
EXCLUDE YOURSELF You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense. Detailed instructions on how to exclude yourself can be found in the Notice. June 2, 2023
OBJECT TO THE SETTLEMENT If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Court. Detailed instructions on how to file an objection can be found in the Notice. June 2, 2023