Focal Point Exports Ltd. $218,400 BIPA Settlement

If you provided your finger, hand, or palm scan for timekeeping at Focal Point at any time between March 26, 2014, and May 14, 2024, you may be eligible to claim up to $975 from a class action settlement.

Focal Point Exports Ltd. has agreed to pay $218,400 to settle a class action lawsuit for alleged violations of the Illinois Biometric Information Privacy Act (BIPA) by collecting, capturing, or using biometric data without proper consent.

Who are the class members?

• You performed work for Focal Point in the State of Illinois between March 26, 2014, and May 14, 2024.
• You had your fingerprint or handprint data collected, captured, received, obtained, maintained, stored, transmitted, or disclosed by Focal Point.
• You did not sign a consent before providing such biometric information.

If you meet these criteria, you are considered a member of the Settlement Class unless you properly execute and file a timely request for exclusion.

How much can class members get?

Class members can receive a gross payment of approximately $975 from the Settlement Fund. After deductions for settlement administration costs, attorneys’ fees, and a service award to the Class Representative, the net payment is approximately $550.33.

Is proof required to submit a claim?

No, proof is not required to submit a claim. The Settlement Administrator already has the information needed to identify eligible class members.

How do I get paid?

Class members will receive a check by mail. The check will be issued by the Settlement Administrator and will expire 150 days after issuance.

$218,400 Settlement Fund

The settlement fund of $218,400 will cover:

• Payments to Settlement Class Members
• Settlement administration expenses
• Attorneys’ fees and costs
• An incentive award to the Class Representative

The attorneys will ask the Court to award them up to 33.3% of the Settlement Fund, plus reasonable costs. The Class Representative will apply for a payment of up to $5,000 for their service.

Important dates

• Objection Deadline: 07/26/2024
• Opt-Out Deadline: 07/26/2024
• Final Approval Hearing: 09/17/2024

When is the payout date?

Payments will be made as soon as possible after the Court order becomes final, approximately 14 days after final approval.

Why is there a class action settlement?

The lawsuit alleges that Focal Point violated BIPA by requiring workers to submit their fingerprint for timekeeping without proper disclosures and consent. Focal Point denies these claims but has agreed to settle to avoid the expense and uncertainty of litigation.

Products or services that are the subject of the settlement

The settlement concerns the biometric timekeeping devices used at Focal Point, which allegedly collected workers' biometric data without proper consent.

What happens next?

The Court will hold a Final Approval Hearing on September 17, 2024. If the Settlement is approved, payments will be distributed to eligible class members. If the Settlement is not approved, the lawsuit will continue.