Ron's Finger Scan Settlement

Devose v. Ron’s Staffing Services, Inc.
Case No. 2019 L 1022 (Will Cty. Cir. Ct., Ill.)

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Frequently Asked Questions

Learn How This Settlement Affects Your Rights and Get Answers to Your Questions About the Settlement

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Important Dates

Important Settlement Deadlines That Will Affect Your Rights

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Court Documents

A circuit court in Joliet preliminarily approved a class action settlement in the lawsuit Devose v. Ron’s Staffing Services, Inc, Case No. 2019 L 1022 (Will Cty. Cir. Ct., Ill.) This Lawsuit contends that Ron’s Temporary Help Services, Inc., d/b/a Ron’s Staffing Services, Inc. (“Ron’s Staffing”) violated the Illinois Biometric Information Privacy Act (“BIPA”). BIPA prohibits private companies from capturing, obtaining, storing, transferring, and/or using an individual’s biometric identifiers and/or biometric information, including a fingerprint or identifying information based on a fingerprint, without first providing an individual with certain written disclosures and obtaining informed written consent and without maintaining a publicly available policy regarding its retention schedule for biometric information. The Lawsuit alleges that Ron’s Staffing violated BIPA by collecting fingerprint data from employees in Illinois through its employee timekeeping system without first complying with BIPA’s disclosure and informed written consent requirements and without maintaining a publicly available policy regarding its retention schedule for biometric information.

Ron’s Staffing denies the allegations in the Lawsuit and denies any violation of the law. Ron’s Staffing maintains, among other things, that: the collected data does not fall within BIPA; it obtained consent to collect the data alleged to constitute biometric information; there never was any data breach; employee data was collected and timely deleted in compliance with all legal requirements; it maintained in its facilities and available to employees the disclosures and policies required by BIPA; and there never was any risk of a data breach.

The Court has not decided whether Ron’s Staffing violated BIPA.  Both sides agreed to the settlement to resolve the Lawsuit.

Rights and Options

You have 4 options:

1. Request a settlement payment and give up certain legal claims you have
If you want to receive a settlement payment and the other benefits of the settlement, you must complete and submit online, or postmark and mail for return, a claim form by December 26, 2022. You may return your claim form in the pre-paid envelope OR complete and submit a claim form online here using your unique Claim ID. If you are a Settlement Class Member and you timely return a completed and valid claim form, and if the Court grants final approval of the settlement, you will receive a check or an electronic payment, depending on which method of payment you select. If required by law, you may also be sent a 1099 tax reporting form.

2. Exclude yourself from the settlement, not receive a settlement payment, and not give up any legal claims
If you do not want to be legally bound by the settlement, you must exclude yourself from the settlement by November 26, 2022. If you do this, you will NOT get a settlement payment or other benefits. To exclude yourself from the settlement, you must mail or email your written request for exclusion to the Settlement Administrator (contact information below). Your written request for exclusion must include your full name, address, telephone number, the last four digits of your Social Security Number, a statement that you wish to be excluded from the settlement, and it must be signed by you. If you exclude yourself, you will not receive money or other benefits from this settlement, but you will keep your legal rights regarding any claims that you may have against Ron’s Staffing and the other Released Parties. You cannot exclude yourself by phone.

3. Object to the settlement
Object to the Settlement. You may object to the settlement by November 26, 2022 if you have not already excluded yourself from the settlement. If you want to object to the settlement, you must file the objection with the Clerk of the Court in Will County and e-mail or mail postmarked on or before the deadline a copy of the written statement to Class Counsel and Defendant’s Counsel at the addresses below. A copy of the objection must also be mailed postmarked on or before deadline to the Settlement Administrator at the address for Settlement Administrator listed below.

Plaintiffs’ Counsel
Douglas M. Werman
Werman Salas P.C.
77 W. Washington, Suite 1402
Chicago, IL 60602
dwerman@flsalaw.com

David Fish
Fish Potter Bolaños, P.C.
200 East Fifth Avenue, Suite 123
Naperville, Illinois 60563
dfish@fishlawfirm.com

Defendant’s Counsel
Jason Rosenthal
Laura Elkayam
Much Shelist, P.C.
191 N. Wacker Dr., Suite 1800
Chicago, IL 60606

The written objection must (1) be personally signed by you, (2) identify your name, address, and phone number, (3) include the case name and number above, (4) provide the date range when you were employed by Ron’s Staffing, (5) include a statement of all reasons for your objection with factual and legal support, including any supporting materials, and (6) identify any other objections you have filed, or have had filed on your behalf, in any other class action cases in the last four years. It is not enough to state that you object, you must state the reasons why you believe the Court should reject the Settlement. If your objection does not comply with these requirements, and if your objection is not timely or properly submitted, the Court may strike or disregard your objection. If you are represented by a lawyer, you must provide the name and telephone number of your lawyer. A copy of your objection must be filed and provided to the lawyers for the parties in the Lawsuit as well as the Settlement Administrator. If you intend to appear at the Final Approval Hearing, you should so state in your objection.

4. Do nothing, not receive a settlement payment, and give up certain legal claims you have
You may choose to do nothing. If you do nothing, you will receive no money or other benefits from the settlement, but you will still be bound by all orders and judgments of the Court. You will not be able to file or continue a lawsuit against the Released Parties regarding any legal claims arising out of or relating to the allegations in the Lawsuit. You will lose your right to sue Ron’s Staffing and the other parties being released for alleged violations of BIPA and all other Released Claims as defined by the Settlement Agreement.