A recent class action lawsuit has resulted in a major settlement of over $1 million against the entertainment company Sky Zone, a renowned chain of indoor trampoline parks. This agreement arises due to alleged violations of the Illinois Biometric Information Privacy Act (BIPA), which protects the biometric data of the state’s citizens and places penalties on companies or individuals that violate that privacy.
Months ago, Sky Zone was sued by a group of employees in Illinois who alleged that the company collected their fingerprints for a long time without due consent, in violation of the BIPA law. According to the documents filed in court, these scans were performed between April 29, 2014 and April 23, 2024.
One of the plaintiffs claimed that they were never informed openly and properly about the collection of their fingerprints, nor were they asked for their written consent, which is a clear requirement under BIPA and a violation of this law in the way it was done.
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BIPA Law in Illinois — A Class Action Lawsuit That Sets a Precedent
Illinois has one of the strictest laws regarding the privacy of biometric information in the United States. The BIPA requires companies to obtain explicit consent from individuals before collecting data such as fingerprints, facial scans and other forms of biometric identification. The law also obliges companies to inform individuals about the purpose and duration of the collection of this data.
As expected, and as usually happens in all class action settlements, the Sky Zone company, without admitting any guilt, has agreed to pay $1.05 million to settle the litigation. This fund will be distributed among the affected employees and will also cover legal costs.
The company decided to resolve this matter in order to avoid the high costs of protracted litigation and to allow the affected employees to receive adequate compensation, according to a Sky Zone spokesperson.
Distribution of Compensation for Claimants
The agreement stipulates that employees who had their fingerprints scanned at any Sky Zone franchise in Illinois between the aforementioned dates are eligible to receive compensation. These are divided into two groups:
- Group 1: Employees identified by the internal records of Sky Zone.
- Group 2: Employees who had their fingerprints scanned at any of the Sky Zone locations in Elmhurst, Aurora, or Joliet, Illinois, and must submit a valid claim by July 29, 2024.
The Deadline to Join the Class Action Is Coming Soon
Group 1 members do not need to file a claim to receive their compensation. However, those in Group 2 must complete and submit a claim form by the deadline. The estimated compensation for each member ranges from $350 to $650, depending on the total number of valid claims.
Key Dates and Next Steps for Plaintiffs
- Deadline for exclusion and objection: July 15, 2024.
- Deadline for submitting a claim: July 29, 2024.
- Final approval hearing of the agreement: August 21, 2024.
It is worth mentioning that the compensation amount of $1.05 million will not be given in full to the plaintiffs, but must also cover the fees of the lawyers who came forward the lawsuit. Beneficiaries can expect to receive their payments once the court approval of the settlement is finalized and all legal costs of the defense have been covered.