Important Update:
The Final Approval Hearing was held on October 13, 2020, and the Court issued its Final Judgment approving the Settlement on the same day. You may read the Court's Order here.
On December 1, 2020, Settlement checks were mailed to eligible Class Members who submitted valid claims.
What is this lawsuit about?
The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information, such as fingerprints, of another individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendants violated the BIPA by requiring their current and/or former employees to submit their hand scan for timekeeping purposes during the Class Period without first providing the requisite disclosures or obtaining the requisite consent. Defendants contest these claims and deny that they collected biometric information or otherwise violated BIPA.
Who is included?
You are a member of the Settlement Class if, at any time between August 16, 2012 and July 8, 2020, you were required to scan your hand for timekeeping purposes while employed by Defendants (Macoupin Energy, LLC Maryan Mining LLC (Carlinville); Hillsboro Energy LLC; Patton Mining LLC (Hillsboro); Mach Mining LLC (Williamson); and Viking Mining, LLC (Sugar Camp)) within the state of Illinois and have not previously signed a waiver or release relating to these claims.
How do I participate?
To accept the Settlement and receive a monetary payment, you must have submitted a timely and valid Claim Form. The deadline to submit a Claim Form was September 8, 2020 and has passed.