If you have worked for E-Pay, also known as Electronic Payment Systems, in the state of Illinois, you may be entitled to a significant cash payment. A class action settlement has been reached regarding allegations that the company violated the Illinois Biometric Information Privacy Act (BIPA). This guide provides a straightforward explanation of the settlement and clear instructions on how to file your claim to ensure you receive your portion of the settlement fund.
What is the E-Pay BIPA Settlement?
The E-Pay BIPA settlement is a legal resolution to a lawsuit claiming that Electronic Payment Systems collected and stored the biometric data of its employees without following the strict requirements of Illinois law. Specifically, the lawsuit alleged that the company required employees to use biometric time clocks—such as fingerprint or hand scanners—to clock in and out of work without providing the necessary disclosures or obtaining written consent.
While the company denies any wrongdoing or violation of the law, they have agreed to a settlement to avoid the continued costs and uncertainty of litigation. This agreement creates a settlement fund that will be distributed to eligible class members who submit a valid claim form before the court-ordered deadline.
Who is Eligible to File a Claim?
Eligibility for this settlement is specifically tied to employment location and the use of biometric technology. You are likely a member of the settlement class if you meet the following criteria:
- Employment Location: You must have worked for E-Pay (Electronic Payment Systems) within the state of Illinois.
- Technology Used: You used a biometric time clock, such as a fingerprint scanner or hand geometry reader, to record your work hours.
- Timeframe: Your employment and use of the technology occurred within the specific period defined by the court, typically covering the last several years leading up to the preliminary approval of the settlement.
Most eligible individuals should have received a notice via mail or email containing a unique Claim ID. However, even if you did not receive a notice, you may still be eligible if you meet the employment criteria mentioned above.
Step-by-Step Guide to Filing Your Claim
Filing a claim is a simple process that can usually be completed online in just a few minutes. Follow these steps to ensure your submission is processed correctly.
1. Locate Your Notice and Claim ID
Check your mail and email for a formal notice regarding the E-Pay Biometric Privacy Settlement. This document contains a unique Claim ID and PIN, which makes the filing process much faster. If you cannot find this information, you can often still file a claim by providing your personal details and social security number for verification.
2. Visit the Official Settlement Website
Navigate to the official settlement administrator’s website. This is the only secure place to submit your claim. Be wary of third-party websites asking for fees; legitimate class action claims are always free to file.
3. Complete the Online Claim Form
Enter your Claim ID or fill out the manual registration form. You will need to provide your current contact information, including your name, mailing address, and phone number. This ensures that your payment reaches you at the correct location.
4. Select Your Payment Method
Most modern settlements offer several ways to receive your funds. You can typically choose between a physical check sent by mail or a digital payment through services like PayPal, Venmo, or a digital Mastercard. Digital options are often faster and more secure.
5. Submit and Save Your Confirmation
Once you have reviewed your information for accuracy, submit the form. Make sure to save or print the confirmation page and your claim number. This will be your proof of filing if you need to contact the settlement administrator later.
Understanding the Illinois Biometric Information Privacy Act (BIPA)
To understand why this settlement exists, it is helpful to know the basics of BIPA. Illinois passed this law in 2008 to protect citizens from the unauthorized collection of their most sensitive data. Unlike a password or a credit card number, biometric data—like your fingerprint—cannot be changed if it is compromised.
BIPA requires companies to follow three main steps before collecting biometric data: they must inform the individual in writing that the data is being collected, state the specific purpose and length of time the data will be stored, and receive a written release from the individual. When companies fail to follow these steps, Illinois law allows for statutory damages, which is why these settlements often involve substantial amounts of money.
How Much Money Will You Receive?
The exact amount each person receives depends on several factors, primarily the total number of valid claims submitted. The settlement fund is a fixed amount. After court-approved fees for attorneys and administrative costs are deducted, the remaining balance is divided equally among all class members who filed a claim.
In similar BIPA settlements involving workplace time clocks, individual payouts have ranged from several hundred to over a thousand dollars. It is important to remember that you will not receive payment immediately; funds are usually distributed several months after the final approval hearing.
Important Deadlines to Remember
Missing a deadline will result in you losing your right to claim a payment. Keep these key dates in mind:
- Claim Filing Deadline: This is the last day you can submit your form. Forms submitted after this date will not be honored.
- Exclusion Deadline: If you wish to sue the company individually, you must “opt-out” or exclude yourself by this date.
- Objection Deadline: If you disagree with the terms of the settlement, you must file a formal objection by this time.
- Final Approval Hearing: The court will meet on this date to decide if the settlement is fair and reasonable. Payouts begin only after this hearing is successful and any appeals are resolved.
Common Questions About the Settlement
Is this settlement a scam?
No, this is a legal settlement resulting from a court case. If you received a notice, it is because records indicate you may be eligible for a portion of the fund. You should always verify the settlement through the official administrator’s website to ensure you are providing your information to the correct entity.
How long does it take to get paid?
Class action settlements are a slow process. After the filing deadline passes, the court must hold a final hearing. If the judge approves the settlement, there is often a 30-day period for appeals. Once all legal hurdles are cleared, checks or digital payments are typically issued within 60 to 90 days.
What if I no longer work at E-Pay?
Your current employment status does not affect your eligibility. As long as you worked there and used the biometric system during the class period, you are entitled to file a claim for the time you were employed.
Final Steps for Success
Taking action now is the only way to ensure you receive the money you are owed. If you believe you are part of this class, do not wait until the last minute to find your records. Gather your employment dates, find your notice if possible, and submit your claim today. Protecting your privacy rights is important, and these settlements serve as a reminder for companies to handle sensitive data with care. For more guides on navigating legal settlements and protecting your digital identity, explore our other helpful articles.