Workers who used a finger-scanning timeclock while working at Thermoflex in Illinois between July 27, 2015 and September 3, 2020 are set to be paid an estimated $900 each, automatically, from the $9 million Thermoflex biometric privacy class action settlement; there is no claim form to file. The opt-out, objection and Verification Form deadline is October 26, 2026, and the final approval hearing is November 4, 2026.
Current Status
There is no claim form: class members identified in the defendants' records will be mailed a check automatically if the court approves the settlement. The court in Lake County, Illinois has granted preliminary approval, and the final approval hearing is set for November 4, 2026 at 9:30 a.m. The deadline to opt out, to object, or — for workers who never received a notice — to submit a Verification Form is October 26, 2026. No payment date had been announced as of September 30, 2026.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?
Thermoflex Corp. and Thermoflex Waukegan, LLC, together with staffing agencies TempsNow Employment and Placement Services, LLC and M.M.D., Inc. d/b/a The AllStaff Group, agreed to a $9 million settlement to resolve claims under the Illinois Biometric Information Privacy Act (BIPA). The parties signed the settlement agreement at the end of July 2026, and the court's preliminary approval opened the notice period that runs through October 26, 2026.The lawsuit, Johnson v. Thermoflex Corp., et al., was filed in July 2020 in the Circuit Court for the Nineteenth Judicial Circuit in Lake County. Plaintiffs allege that workers at Thermoflex's Waukegan facility had to scan their fingerprints on a NOVAtime timeclock to record their hours, without first receiving the written disclosures and signing the written consent BIPA requires. The defendants contest those claims and deny violating BIPA, and the settlement is not an admission of wrongdoing.
The case was paused for well over a year while Illinois courts decided several questions that shaped every workplace BIPA case — whether workers' compensation law bars these claims, which statute of limitations applies, and when a BIPA claim accrues. After the stay lifted in March 2023, the parties litigated the pleadings, exchanged discovery that included more than a dozen depositions, and mediated twice, in January 2025 and April 2026, before reaching the deal.
Who Qualifies?
The settlement class is everyone who performed work for Thermoflex in the State of Illinois and used a finger-scanning device at any time from July 27, 2015 to September 3, 2020. That includes workers placed at Thermoflex through a staffing agency; the notice describes the class as people who scanned during their work placement at Thermoflex.Class members were identified through the defendants' records, and those people were sent a notice. Anyone who fits the definition but did not receive one can still join the payment by submitting a Verification Form (see below).
How Much Can You Get?
The $9 million fund works out to a gross payment of $1,532.18 per class member. That figure is reduced by settlement administration costs, attorneys' fees of up to 40% of the fund plus costs, and a service award of up to $10,000 for the class representative, all of which the court still has to approve. The notice estimates the net payment at approximately $900 per person.The $900 figure is an estimate. The final amount depends on what the court awards in fees and costs. Checks expire and become void 180 days after they are issued.
A similar workplace timeclock case, the ZK Technology BIPA settlement for Alliance Ground workers, is also paying Illinois workers who clocked in with a finger or face scan, but it requires a claim form.
What Proof or Notice ID Is Required?
Workers who received a notice need to do nothing — no claim form, no ID and no documents. The check is mailed automatically after final approval.Workers who did not receive a notice must prove they belong in the class by completing a Verification Form, either online through the official settlement website or on a downloadable paper form. The settlement website does not describe what documentation, if any, the form asks for, so have your dates of work at Thermoflex and the staffing agency that placed you, if any, on hand. Anyone who received a notice should not file a Verification Form.
What Is the Deadline?
Three things share the same deadline, October 26, 2026:- Verification Forms must be submitted online or postmarked by that date.
- Written requests to be excluded from the settlement must be mailed to the settlement administrator and postmarked by that date.
- Written objections must be filed with the Clerk of the Circuit Court for Lake County, and copies sent to class counsel and defense counsel, by that date.
How Do You Take Action?
Everything runs through the official Thermoflex BIPA Settlement website, which has the Verification Form, the long-form notice, the settlement agreement and other court documents.An exclusion request must include your name, address and telephone number, the case name and number, a statement that you want to be excluded, and your signature. An objection must include your contact information, the case name and number, every ground for the objection with its factual and legal support, any other class action objections you have filed, and your signature. You cannot both exclude yourself and object. The settlement website lists where each one must be sent. Workers who opt out receive nothing from the settlement but keep the right to bring their own BIPA claims.
What Happens Next?
Judge Janelle K. Christensen will hold the final approval hearing on November 4, 2026 at 9:30 a.m., in Courtroom 301 of the Lake County Courthouse in Waukegan or, at the court's discretion, by Zoom. At the hearing the court will decide whether to finally approve the settlement, certify the class for settlement purposes, and grant the requested attorneys' fees and service award. Class members do not need to attend; anyone who wants to speak in opposition must say so in a timely written objection.If the court approves the settlement, the notice says payments should go out within approximately 30 days after the approval order becomes final. An appeal would delay payment. If the settlement is not approved, the case goes back to litigation and no one is paid under this agreement.
By staying in the class, workers release all claims against the defendants under BIPA that relate to the finger-scanning devices used at and by the defendants in Illinois.
Sources and Verification
- Official Thermoflex BIPA Settlement website — home page, FAQ, Verification Form and important dates
- Notice of Proposed Class Action Settlement, Johnson v. Thermoflex Corp., et al., No. 20CH00000479 (embedded below)
- Class Action Settlement Agreement and Release, Johnson v. Thermoflex Corp., et al. (Circuit Court for the Nineteenth Judicial Circuit, Lake County, Ill.), available on the official website's Important Documents page
- Illinois Biometric Information Privacy Act, 740 ILCS 14
Questions
Do temp workers placed at Thermoflex by a staffing agency qualify?
The class is defined by the work, not the employer on the paycheck: anyone who performed work for Thermoflex in Illinois and used a finger-scanning device between July 27, 2015 and September 3, 2020 is included. Two staffing agencies, TempsNow and The AllStaff Group, are defendants in the case, and the notice describes the class as people who scanned during their work placement at Thermoflex.
Why is the estimated payment about $900 when the notice says $1,532.18?
$1,532.18 is each class member's gross share of the $9 million fund. Before checks go out, the fund also pays settlement administration costs, attorneys' fees of up to 40% plus costs, and a service award of up to $10,000 for the class representative, all subject to court approval. The notice estimates the net check at approximately $900.
What if I qualify but never received a notice?
Workers who fit the class definition but were not identified in the defendants' records can submit a Verification Form through the official settlement website to establish that they are class members. It must be submitted or postmarked by October 26, 2026. Anyone who did receive a notice should not file one.
How long will the settlement check be good for?
Every check expires and becomes void 180 days after it is issued, so class members should cash or deposit it promptly once it arrives. Keeping the mailing address on file with the settlement administrator current, through the official website, helps the check reach the right place.
Can I sue Thermoflex on my own instead?
Only by excluding yourself. A signed written exclusion request must be mailed to the settlement administrator and postmarked by October 26, 2026. Excluded workers receive no payment but keep their own BIPA claims; everyone else releases those claims if the settlement is approved.
