Elliott Auto Supply $550,800 BIPA Settlement

If you used Elliott Auto’s timekeeping system in Illinois between January 25, 2018, and October 31, 2023, without first executing a written consent or otherwise releasing your claim, you may be eligible to claim a payment from a class action settlement.

Elliott Auto Supply Co. Inc. has agreed to pay $550,800 to settle a class action lawsuit for alleged violations of the Illinois Biometric Information Privacy Act (BIPA).

Can I Claim an Award?

To be eligible for a payment from this settlement, you must meet specific criteria. You are considered a member of the Settlement Class if, between January 25, 2018, and October 31, 2023, you used Elliott Auto’s timekeeping system in Illinois to clock in or out for work without providing written consent in advance or otherwise releasing your claim. This means that if you used the timekeeping system during this period without prior written consent, you are likely eligible for compensation.

What Awards Can Class Members Claim?

The settlement provides a total Settlement Fund of $550,800. Each Settlement Class Member who submits an Approved Claim will be entitled to a cash payment from this fund. The exact amount of the payment is currently unknown and will depend on several factors, including the costs of other expenses to be paid from the Settlement Fund.

The Settlement Administrator will calculate the final amount due to each eligible Settlement Class Member and will distribute the payments directly to those who timely return a completed valid Claim Form and do not exclude themselves from the Class.

Pro Rata Awards

• Total Settlement Fund: $550,800
• Attorneys' Fees: Up to 40% of the Settlement Fund
• Class Representative Incentive Award: Up to $5,000
• Remaining amount to be distributed to eligible Settlement Class Members

For example, if the attorneys' fees are 40% of the Settlement Fund, that would be $220,320. If the Class Representative Incentive Award is $5,000, the remaining amount for distribution would be $325,480. If there are 1,000 valid claims, each claimant would receive approximately $325.48.

Is Proof Required to Claim the Reward?

Not applicable. Claimants do not need to proactively provide proof they are a class member. The Settlement Administrator already has the necessary information to validate claims.

How to Claim Your Award

To claim your award, you must submit a timely and properly completed Claim Form postmarked no later than August 6, 2024. You can submit your claim online by visiting the online claim form. If you did not receive a Claim Form in the mail and believe you are a member of the Settlement Class, you can request a paper copy of the Claim Form to be sent to you by calling toll-free at (888) 554-3378.

If you prefer to submit your claim by mail, you can send it to the following address:

Elliott Auto BIPA Settlement

c/o Settlement Administrator

P.O. Box 25226

Santa Ana, CA 92799

How do I Get Paid?

Once your claim is approved, you will receive your payment via a mailed check. The process takes time, so please be patient. All checks will expire and become void 90 days after they are issued.

Important Dates

• Deadline to File a Claim: August 6, 2024
• Final Approval Hearing: September 5, 2024

When will Awards be Paid?

If the Court grants final approval of the settlement, payments will be made within 10 calendar days after the Effective Date of the Settlement. If there is an appeal, payment may be delayed.

Why is There a Class Action Settlement?

This settlement resolves allegations that Elliott Auto Supply Co. Inc. violated the Illinois Biometric Information Privacy Act (BIPA) by capturing, obtaining, and/or disclosing biometric identifiers and/or biometric information without first providing written disclosures and obtaining written consent. The defendant denies these claims and contends that it did not do anything wrong. However, both parties agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

What Happens Next?

The Court will hold a Final Approval Hearing on September 5, 2024, to determine whether the settlement is fair, reasonable, and adequate. If the Court approves the settlement, payments will be distributed to eligible class members. If the settlement is not approved, the lawsuit will continue, and no payments will be made at this time.