Sky Zone $1,050,000 Settlement for Biometric Data Privacy Violations

Sky Zone Franchise Group, LLC has agreed to pay $1,050,000 to settle a class action lawsuit for alleged violations of the Illinois Biometric Information Privacy Act (BIPA). This settlement aims to compensate individuals who were affected by the alleged biometric data privacy violations.

Who Benefits? Individuals who scanned one or more fingers into a Sky Zone franchisee’s computer system in Illinois between April 29, 2014, and April 23, 2024.

How much can I get? Settlement Class Participants can receive at least $350 and could receive approximately $650 or more each.

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Important Dates

• Deadline to File a Claim: July 29, 2024
• Final Approval Hearing: August 21, 2024

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Can I Claim an Award?

The Settlement Class consists of two groups of people who scanned their fingerprints between April 29, 2014, and April 23, 2024.

• Group 1: Identified individuals who have scanned their fingerprints into a Sky Zone franchisee’s computer system in Illinois.
• Group 2: Individuals who scanned their fingerprints at Sky Zone Trampoline Park locations in Elmhurst, Aurora, or Joliet, Illinois.

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How Much Can I Claim?

Settlement Class Counsel estimate that Settlement Class Participants will receive at least $350 and could receive approximately $650 or more each.

The Settlement provides for a total payment of $1,050,000 that Sky Zone has agreed to pay to settle the claims in the lawsuit. Subject to Court approval, the Gross Settlement Fund shall be reduced to cover litigation costs, Settlement Administrator’s costs, a Service Award to Class Representative Madisyn Stauffer, and up to one-third of the total Settlement for Settlement Class Counsel’s attorney fees. Following these reductions, the remaining amount shall be the Net Settlement Fund, which shall be distributed equally to the Settlement Class Participants.

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Biometric Data Privacy at Sky Zone

The lawsuit alleges that Sky Zone required its Illinois franchisees to utilize hardware and software that included fingerprint matching and identification technology. The lawsuit claims that Sky Zone violated BIPA in connection with the scanning of fingerprints by Sky Zone’s franchisees’ employees to, among other things, clock in and out of work. Sky Zone denies any wrongdoing or any violation of the law.

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Is Proof Required to Claim the Reward?

Yes, proof is required for individuals in Group 2. They must complete a Claim Form and verify that, on at least one occasion between April 29, 2014, and April 23, 2024, they scanned their fingerprint at a Sky Zone Trampoline Park located in Elmhurst, Aurora, or Joliet, Illinois.

• Group 1: No proof required as they have already been identified.
• Group 2: Must complete a Claim Form and provide verification of fingerprint scanning.

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How to Claim Your Award

• Group 1: Identified individuals will automatically receive a Settlement Payment if the Court grants final approval of the Settlement.
• Group 2: Individuals must complete a Claim Form on or before July 29, 2024, to receive a Settlement Payment.

If you are in Group 2, you must complete and submit a Claim Form on or before July 29, 2024. You can complete and submit the Claim Form online. If you prefer, you can also print the Claim Form and mail it to the Settlement Administrator.

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Why is There a Class Action Settlement?

The lawsuit alleges that Sky Zone violated the Illinois Biometric Information Privacy Act (BIPA) by requiring its Illinois franchisees to utilize hardware and software that included fingerprint matching and identification technology. The lawsuit claims that Sky Zone violated BIPA in connection with the scanning of fingerprints by Sky Zone’s franchisees’ employees to, among other things, clock in and out of work. Sky Zone denies any wrongdoing or any violation of the law.

The Court did not decide whether Sky Zone violated the law. Instead, both sides agreed to a settlement to avoid the costs and risks of further litigation. The settlement provides compensation to individuals who were affected by the alleged biometric data privacy violations.

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Next Steps

The Court will hold a hearing in this case on August 21, 2024, at 10:00 a.m., to consider whether to finally approve the Settlement and the Fee Petition. You may appear at the final approval hearing, but you are not required to do so. If the Court approves the Settlement, payments will be distributed to Settlement Class Participants after any appeals are resolved.