Crypto.com / Foris DAX $1.72M Biometric Privacy Settlement

Foris DAX, Inc.

If you created a Crypto.com account as an Illinois resident or by using an Illinois identification or Illinois telephone number between August 1, 2018, and June 5, 2024, you may be eligible to claim between $30 and $60 from a class action settlement.

Foris DAX, Inc. has agreed to pay $1,720,000 to settle a class action lawsuit for alleged violations of the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing individuals' biometrics without providing legally required written disclosures and obtaining written consent.

Can I Claim an Award?

The settlement class includes anyone who created a Crypto.com account as an Illinois resident or by using an Illinois identification or Illinois telephone number between August 1, 2018, and June 5, 2024. This includes individuals who may have uploaded photographs of themselves as part of the account creation process.

To be a member of the settlement class, you must meet the following criteria:

Created a Crypto.com account as an Illinois resident
Used an Illinois identification or Illinois telephone number to create the account

What Awards Can Class Members Claim?

Class members who submit a valid and timely claim form will be entitled to an equal share of the $1,720,000 settlement fund after administrative expenses, attorneys' fees, and a service award to the class representative are deducted. The estimated payment for each valid claim is between $30 and $60, but the exact amount will depend on the number of valid claims submitted and the total costs deducted from the settlement fund.

The calculation for the award is as follows:

Total Settlement Fund: $1,720,000
Deductions:

Administrative Expenses
Attorneys' Fees (up to one-third of the settlement fund)
Service Award to Class Representative (up to $5,000)

Assuming the maximum deductions, the remaining amount will be divided equally among all valid claimants. For example, if there are 30,000 valid claims and the total deductions amount to $600,000, the remaining $1,120,000 will be divided among the claimants, resulting in approximately $37.33 per claimant.

Is Proof Required to Claim the Reward?

No, claimants do not need to proactively provide proof they are a class member. The settlement administrator already has the necessary information.

How to Claim Your Award

To claim your award, you must submit a claim form by September 3, 2024. You can file a claim online by visiting this page or by mailing a completed claim form to:

Agnew v. Foris DAX

Settlement Administrator

P.O. Box 2775

Portland, OR 97208-2775

Ensure your claim form is postmarked by September 3, 2024, to be eligible for a payment.

How do I Get Paid?

Class members can choose to receive their payment via digital payment or paper check. Ensure you provide a valid email address if you opt for digital payment.

$1,720,000 Settlement Fund Breakdown

The total settlement amount is $1,720,000. This fund will be used to pay class members, cover administrative expenses, and pay attorneys' fees and a service award to the class representative.

Attorneys' fees will be up to one-third of the settlement fund, plus reasonable costs. The class representative will receive up to $5,000 for their time and effort in this matter.

Important Dates

Deadline to File a Claim: September 3, 2024
Final Approval Hearing: September 13, 2024

When will Awards be Paid?

Awards will be paid as soon as possible after the court order becomes final, which should occur within approximately 60 days after final approval.

Why is There a Class Action Settlement?

The settlement resolves allegations that Foris DAX, Inc. violated BIPA by collecting and storing individuals' biometrics without providing required disclosures and obtaining consent. The settlement allows the parties to avoid the expense, delay, and uncertainty of litigation.