Orland McAlister's Deli To Pay Out $90K To Settle Biometrics Lawsuit

ORLAND PARK, IL — A deli in Orland Park has agreed to pay $90,000 to settle claims that it violated the Illinois Biometric Information Privacy Act by requiring employees to clock in and out using their fingerprints.

McAlister's Deli, 14309 S. La Grange Rd., has not admitted wrongdoing, reports Top Class Actions, but settled on the payout as a way to resolve the allegations for current and former employees.

The lawsuit claims that between the dates of Dec. 3, 2015 and June 27, 2022, the deli illegally used a fingerprint scan time clock for employees to clock in and out of work.

Under BIPA law, businesses are required, "to get consent before collecting, storing and using consumer biometrics such as fingerprints," and "provide clear disclosures about how those biometrics will be stored, used and destroyed. McAlister’s Deli allegedly fails to comply with either of these requirements," Top Class Actions reports.

Those who opt into the lawsuit can receive a cash payment, which could amount to $300 but will vary based on the number of participating class members and net settlement fund after costs and fees are deducted, according to the report. If any funds remain after the first round, a second round of payouts may be issued, but if those payouts would amount to less $5 per class member, the remaining funds will instead be donated to Legal Aid Chicago.

The deadline for exclusion and objection is Sept. 27, 2022, reports Top Class Actions. The final approval hearing for the McAlister’s settlement is scheduled for Oct. 20, 2022.

There is no form required to be included in the class action settlement. Those who do not opt out by the exclusion deadline will automatically receive their share of the settlement fund.