Burton v. BWAY Corporation
In The Circuit Court Of Cook County, Illinois County Department, Chancery Division
Case Number: 2018-CH-09797
IF YOU ARE AN ILLINOIS RESIDENT AND USED A FINGER SCANNING TIME CLOCK AT A BWAY FACILITY IN THE STATE OF ILLINOIS BETWEEN AUGUST 1, 2013 AND AUGUST 20, 2018, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.
This is an official court notice. You are not being sued. This is not an ad for a lawyer.
A Settlement has been reached in a class action lawsuit between BWAY Corporation (“Defendant” or “BWAY”) and some of its current and former Illinois employees. The suit claims that BWAY violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by collecting employees’ biometric data through finger-scanning time clocks in Illinois without obtaining their informed written consent. BWAY denies any wrongdoing and or that it violated any laws. The Settlement does not establish who is right or wrong, but rather is a compromise to end the lawsuit and avoid the uncertainties and expenses that come with continuing on in Court.
You are included in the Settlement if you are a current or former employee of BWAY who, while living in Illinois, used a finger scanner at a BWAY facility in between August 1, 2013 and August 20, 2018. If you received a notice of this Settlement in the mail or by e-mail, our records indicate that you are a Settlement Class member and are included in the Settlement.
If you did not receive a notice in the mail or by e-mail and you believe you are a Settlement Class member, please contact the Settlement Administrator to ask whether you are included.
If you’re eligible and the Court approves the Settlement, a settlement payment will automatically be sent to you for approximately $790, which includes deductions for the payment of the costs, administration expenses, and legal fees. If you do nothing, a check will be mailed to you at your last known address. You can request to update your address by emailing the Settlement Administrator at info@BWAYBIPASettlement.com, or by using the Address Update feature here. If instead of a check you would prefer to receive your payment through Venmo, Zelle, or Paypal, click here, where you may select your preferred payment method. In addition to the settlement payments BWAY has also agreed to comply with BIPA in the future.
Please read this notice carefully. Your legal rights are affected whether you act, or don’t act.
|DO NOTHING||You will receive a payment under the Settlement and give up your rights to sue Defendant about the issues in this case.|
|EXCLUDE YOURSELF||You will receive no payment, but you will retain any rights you currently have to sue Defendant about the issues in this case.|
|OBJECT||Write to the Court explaining why you don’t like the Settlement.|
|ATTEND A HEARING||Ask to speak in Court about the fairness of the Settlement.|
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved. Please be patient.
|Notice of Class Action Settlement|
|Notice of Class Action Settlement - Spanish|
|FINAL JUDGMENT AND ORDER OF DISMISSAL|
|Plaintiff's Motion in Support of Final Approval of Class Action Settlement|
|Motion for Attorneys' Fees and Costs|
|Preliminary Approval Order|
|Plaintiff's Motion for Preliminary Approval of Class Action Settlement|
|Class Action Settlement Agreement|
Wednesday, February 22, 2023
The deadline to request exclusion from (opt-out of) the Settlement is February 22, 2023. See FAQ #15 for more information.
Wednesday, February 22, 2023
The deadline to object to the Settlement is February 22, 2023. See FAQ #18 for more information.
Final Approval Hearing Date
March 30, 2023, at 11:00 a.m.
The Final Approval Hearing will be held March 30, 2023, at 11:00 a.m. before the Honorable Caroline Kate Moreland. To join the hearing you may call in by video using these instructions:
Zoom Meeting ID: 952 6244 1199