Illinois employees of ITS Technologies & Logistics who scanned a partial handprint or fingerprint on a company timeclock between September 8, 2017 and August 29, 2024 may qualify to claim an estimated $964.48 from the ITS Technologies & Logistics BIPA class action settlement. Claim forms must be mailed by December 4, 2026, and the final approval hearing is set for January 7, 2027.
Current Status
Claims are open. The claim form must be mailed postmarked by December 4, 2026; the form also says claims must be received by that date, so mailing well before the deadline is the safe course. December 4 is also the deadline to opt out or object. The court granted preliminary approval, and the final approval hearing is scheduled for 9:00 a.m. on January 7, 2027 in the Circuit Court of DuPage County in Wheaton, Illinois, with Zoom access. No final approval order has been entered and no payment date had been announced as of October 6, 2026. Nothing is paid automatically: an eligible worker who does not file a claim gets nothing and still gives up the claims.Free settlement alerts
Get notified when new class actions open to claims
Join thousands of readers who get the latest class action settlements you may qualify for — delivered straight to your inbox.
What Changed Recently?
ITS Technologies & Logistics, LLC has agreed to settle McGivney v. ITS Technologies & Logistics, LLC, a proposed class action under the Illinois Biometric Information Privacy Act. According to the court notice, the Circuit Court of DuPage County granted preliminary approval on August 6, 2026 and certified the class for settlement purposes only, which started the notice and claim period. (The settlement website gives the date as September 6, 2026; the agreement’s 30-day notice and 90-day claim timeline matches the August 6 date in the notice.)The case began in the Circuit Court of Cook County in 2022, where a class was certified on August 29, 2024. After mediation before a retired federal magistrate judge in December 2025 and a term sheet in February 2026, the parties agreed to dismiss the Cook County case and refile it in DuPage County for settlement approval; it now carries Case No. 2026-LA-000924. ITS denies that it violated BIPA or any other law, and the settlement is not an admission of wrongdoing.
Who Qualifies?
The settlement class is everyone in Illinois who is or was employed by ITS Technologies & Logistics and whose partial handprint, fingerprint or other biometric information was collected, captured or otherwise obtained by ITS between September 8, 2017 and August 29, 2024. In practice, that means Illinois workers who clocked in and out on ITS’s hand or finger scan timeclocks during that period. The agreement estimates the class at about 617 people, and ITS’s records were used to mail notice.Excluded are workers whose employment was governed by a collective bargaining agreement, people who already released these claims in an individual BIPA case or otherwise, people who opt out, and the judge and court staff and their immediate families. The union exclusion matters: a worker covered by a union contract at ITS is not in this settlement.
How Much Can You Get?
Each class member who files an approved claim receives the same pro rata share, estimated at $964.48. The agreement builds that figure from a maximum settlement of $1,500 per class member, about $925,500 for 617 people, minus up to $305,415 in attorneys’ fees and costs (33%), an estimated $12,500 in administration costs and a $12,500 incentive award for the class representative. The remaining $595,085 is divided by all 617 class members. The final number depends on what the court awards and on the final class count.Two features of this settlement are unusual. First, the share is calculated across the whole class, not just the people who file, so it does not shrink as more coworkers claim. Second, ITS only funds the shares that are actually claimed, and money left over after paying approved claims and expenses goes back to ITS. Unclaimed shares do not get redistributed to the people who filed. If the class turns out to be more than 5% larger or smaller than 617 people, the agreement says the parties will renegotiate the amount in good faith.
What Proof or Notice ID Is Required?
No receipts, records or notice ID are needed. The claim form asks for the claimant’s name, mailing address, phone number and Social Security number, and a signature affirming under penalty of perjury that the claimant is a class member. The administrator checks claims against ITS’s records and may ask for more information to validate a claim. There is no online claim portal and no notice code to enter: every claimant files the same paper form, and a copy is posted on the settlement website for workers whose mailed notice went missing.What Is the Deadline?
The claim form must be postmarked by December 4, 2026. The form also states that claims must be received by December 4, so mailing it well before the deadline avoids any dispute. Requests to opt out must be mailed to the Settlement Administrator, postmarked by December 4, 2026, and must include the case name and number, full name, current address, telephone number, a signature and a statement asking to be excluded. Objections must be filed in writing with the Clerk of the Circuit Court of DuPage County by December 4, 2026 and mailed to class counsel and defense counsel by the same date, and an objector must also appear at the final approval hearing in person or through a lawyer.How Do You Take Action?
Use the claim form mailed with the notice, or download one from the official ITS BIPA Settlement website. Fill in every section, sign and date it, and mail it to the Settlement Administrator, Simpluris, at the address printed on the form. Do not send it to the court, ITS or any of the lawyers. Approved claims are paid by mailed check, so a worker who moves before payment should update their address with the administrator through the settlement website.What Happens Next?
At the January 7, 2027 hearing in Wheaton, which can also be attended by Zoom, the court will decide whether to give final approval and will rule on the fee request and incentive award. The hearing can be moved without further notice, so the settlement website is the place to confirm the date. A hearing is not the same as approval.If the court approves the settlement and there is no appeal, ITS funds the approved claims within 30 days after the settlement becomes final, and the administrator mails checks within 45 days of that date. Checks expire 90 days after they are issued. After 120 days, money from uncashed checks goes to a second distribution to claimants who cashed their first check if each would receive at least $10, and otherwise to a charitable cy pres recipient. An appeal would delay payment.
Sources and Verification
- Official settlement website — ITS BIPA Settlement, administered by Simpluris
- Notice of Proposed Class Action Settlement, Claim Form and Class Action Settlement Agreement (PDF)
- McGivney v. ITS Technologies & Logistics, LLC, Case No. 2026-LA-000924, Circuit Court of DuPage County, Illinois (refiled from Case No. 2022-CH-08873, Circuit Court of Cook County)
- Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq.
Questions
Does the $964.48 go down if more coworkers file claims?
No. The settlement agreement calculates each share by deducting fees, costs and the incentive award from the maximum settlement amount and dividing what is left by every class member, about 617 people, whether or not they file. So the estimate does not shrink as more people claim. The flip side is that shares nobody claims go back to ITS rather than being split among the people who did file.
I worked at ITS in Illinois under a union contract. Am I included?
No. The settlement class excludes everyone whose employment was governed by a collective bargaining agreement, because claims by unionized workers can be preempted by Section 301 of the federal Labor Management Relations Act. Workers covered by a union contract are outside this settlement.
Why does the ITS claim form ask for a Social Security number?
The court-approved claim form includes a Social Security number field, and the settlement agreement lets the administrator obtain that information for settlement administration and tax reporting. The form goes only to the Settlement Administrator, Simpluris, by mail. It should not be sent to the court, the parties or their lawyers.
Was anyone's fingerprint data stolen?
No breach has been reported. The notice says the parties and class counsel are not aware of any biometric data being compromised, breached or hacked, and ITS denies that any timeclock data was. The case is about whether ITS got the written notice and consent the Illinois Biometric Information Privacy Act requires before collecting scans, not about a data breach.
What happens to checks that are never cashed?
Checks expire 90 days after they are issued. After 120 days, money from uncashed checks is used for a second distribution to claimants who cashed their first checks if each would get at least $10. If there is not enough for that, the remaining money goes to a charitable cy pres recipient chosen by the parties.
