Who: Illinois Seafood City workers (Jan 22, 2019 -- May 22, 2024)
What Is This Settlement About?
Seafood City Supermarkets has agreed to a $300,000 class action settlement to resolve allegations that it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting hand scan data from its Illinois employees for timekeeping purposes without first providing written disclosures and obtaining written consent.
BIPA is one of the strictest biometric privacy laws in the country. It requires private companies to inform employees in writing before collecting biometric identifiers like hand scans, fingerprints, or facial geometry, and to obtain written consent. The lawsuit alleges Seafood City failed to follow these requirements when its Illinois employees clocked in and out using a hand scanner.
Seafood City denies any wrongdoing and denies that it violated BIPA. The company agreed to settle to avoid the cost and uncertainty of continued litigation.
Who Qualifies?
You are a member of the settlement class if you worked at a Seafood City Supermarket location in Illinois at any time between January 22, 2019 and May 22, 2024, and your hand, palm, handprint, or other biometric identifier was used to record your time worked.
If you received a notice in the mail with a Class Member number, you have been identified by company records as a class member and do not need to take any action to receive your payment.
How Much Will Each Person Get?
The settlement creates a $300,000 fund. Each class member is entitled to an equal gross share of approximately $751.87. After deductions for attorneys' fees (up to 37.5% or $112,500), settlement administration costs, and a $7,500 service award to the named plaintiff Franz Vergara, each class member is estimated to receive a net payment of approximately $417.
This is a relatively high per-person payout for a BIPA settlement, reflecting the small size of the class. Most BIPA settlements involve much larger workforces and end up paying claimants between $50 and $200 each.
No Claim Form Required
This is one of the easiest class action settlements to participate in because no claim form is required. If you received the notice in the mail, you are automatically a class member. You do not need to fill out anything, gather documentation, or file a form. The settlement administrator will mail you a check at the address on file after the court grants final approval.
Make sure your mailing address is current with the settlement administrator. If you have moved since you worked at Seafood City, contact Simpluris (the settlement administrator) at SFCBIPASettlement.com to update your address.
Your Options
Do nothing: You will automatically remain a class member, receive your share of the settlement, and release your BIPA claims against Seafood City.
Exclude yourself: If you want to keep your right to sue Seafood City separately, you must mail a written exclusion request to the settlement administrator postmarked by June 1, 2026. If you exclude yourself, you will not receive any payment but will retain your right to pursue your own case.
Object: If you remain in the class but disagree with the terms of the settlement, you can file a written objection with the court by June 1, 2026. You cannot both exclude yourself and object.
When Will Payments Be Sent?
The final approval hearing is scheduled for June 17, 2026 at 10:00 AM in Courtroom 2410 of the Richard J. Daley Center, 50 W. Washington Street, Chicago. The hearing can also be attended by Zoom (Meeting ID: 955 3557 3920).
If the court grants final approval and no appeals are filed, checks are anticipated to be mailed within 28 days after the court order becomes final, or within 21 days of the effective date. Checks will expire 120 days after issuance, so cash or deposit your check promptly when it arrives.
Case Information
Case: Franz Vergara v. SFC Foods Chicago Inc. d/b/a Seafood City Supermarkets, Case No. 2024CH00432
Court: Circuit Court of Cook County, Illinois, Chancery Division
Plaintiff: Franz Vergara
Defendant: SFC Foods Chicago Inc. d/b/a Seafood City Supermarkets
Allegation: Violations of the Illinois Biometric Information Privacy Act (BIPA) for collecting hand scan data without written disclosures or consent
Settlement Fund: $300,000
Class Period: January 22, 2019 through May 22, 2024
Who Qualifies: Illinois Seafood City workers whose hand or biometric data was used for timekeeping
Estimated Net Payout: ~$417 per class member
Gross Share: ~$751.87 per class member
Claim Form: Not required (automatic payment)
Exclusion Deadline: June 1, 2026
Objection Deadline: June 1, 2026
Final Approval Hearing: June 17, 2026 at 10:00 AM (Courtroom 2410, Daley Center, Chicago)
Attorneys' Fees: Up to 37.5% ($112,500)
Service Award: Up to $7,500 to Franz Vergara
Class Counsel: Stephan Zouras LLC (Ryan F. Stephan, James B. Zouras, Danielle M. Sweet)
Settlement Administrator: Simpluris Inc.
Settlement Website:SFCBIPASettlement.com
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:
Please note that the Seafood City BIPA settlement does not require a claim form. Class members who received notice will automatically receive payment. If you are not sure whether you qualify, visit the class action administrator's website. OpenClassActions.com is a consumer advocacy and class action news site, and is not a class action administrator or a law firm.