UPDATE: On June 18, 2024, the Court entered a Final Approval Order and Final Judgment along with an Order Granting Approval of Attorneys’ Fees and Costs, Settlement Administration Expenses, and Service Award to the Class Representative.
Settlement Information
A proposed Settlement has been reached in a class action lawsuit between Marcon International, Inc. d/b/a KEYper Systems (“KEYper” or “Defendant”) and all individuals who scanned their fingers using a KEYper biometric device in Illinois and had their finger-scan data hosted by KEYper or one of its authorized vendors between December 6, 2014 and June 14, 2023. The lawsuit claims that KEYper collected, stored, and disclosed biometric data from individuals through KEYper Systems key dispensing devices. The lawsuit claims these activities required compliance with an Illinois law called the Illinois Biometric Information Privacy Act, and that KEYper did not comply. KEYper denies these allegations and that the law applies to KEYper. The Court has not decided who is right or wrong. The Settlement has been preliminarily approved by a state court in Chicago.
If the Court approves the Settlement, members of the Class who submit valid, timely and approved claims will receive an equal share of a $7,293,440.00 settlement fund that KEYper has agreed to create, after all notice and administration costs, a service award, and attorneys’ fees have been paid. Individual payments to Settlement Class Members who submit a valid claim form are estimated to be $240-$980, depending on the number of approved claims.
Who Is a Class Member?
You are included in the Settlement if you scanned your finger using a KEYper biometric device in Illinois and had their finger-scan data hosted by KEYper or one of its authorized vendors between December 6, 2014 and June 14, 2023. If you received a notice of the Settlement in the mail or by email, records indicate that you are included in the Settlement, you may submit a Claim Form online or by mail to receive a cash payment.
Your Legal Rights and Options
Option and Deadline |
Your Legal Rights |
Submit a Claimby May 16, 2024 – Deadline Passed |
This is the only way to receive a payment. You may submit a claim HERE. |
Do nothingno deadline |
You will receive no payment under the Settlement and give up your rights to sue KEYper or certain related companies and individuals about the issues in this case. |
Exclude Yourself or Opt Outby May 16, 2024 – Deadline Passed |
You will receive no payment, but you will retain any rights you currently have to sue KEYper about the issues in this case. Refer to FAQ 13 for detailed instructions on how to exclude yourself from the Settlement. |
Object to the Settlementby May 16, 2024 – Deadline Passed |
Write to the Court explaining why you don’t like the Settlement. Refer to FAQ 16 for detailed instructions on how to object to the Settlement. |
Attend the Fairness HearingJune 10, 2024 |
Ask to speak in Court about the fairness of the Settlement. |
Dates and Deadlines
Claims Deadline
May 16, 2024
Exclusion Deadline
May 16, 2024
Objection Deadline
May 16, 2024
Fairness Hearing
June 10, 2024