Case No.: 2023LA44
Circuit Court of Whiteside County, Illinois
If You Received a Notice, You May Be Eligible For Benefits From A Class Action Settlement With Lifescan Labs of Illinois, LLC (“Lifescan” or “Defendant”).
• This Litigation arises from certain events impacting computer systems (“Data Incident”) that may have maintained personally identifiable information of current and former employees and patients of Lifescan. Representative Plaintiff, individually and on behalf of approximately 85,360 Data Incident Settlement Class members, raised these claims in a pre-filing communication to Lifescan on or around August 25, 2022. Therein, Plaintiff also alleged that Lifescan violated Illinois’ Biometric Information Privacy Act (“BIPA”) by failing to provide consent forms to approximately 100 individuals who utilized a hand-scanning timekeeping while employed by Lifescan. Lifescan disagrees with Plaintiff’s claims and denies any wrongdoing.
• All Data Incident Settlement Class Members can receive the following benefits from the settlement: reimbursement in the amount of the Person’s proven loss, but not to exceed three thousand dollars ($3,000) per claim, for any monetary Out-of-Pocket Losses incurred as a result of the Data Incident if: (a) it is an actual, documented, and unreimbursed monetary loss; (b) it was more likely than not caused by the Data Incident; (c) it occurred during the Claims Period, through and including between October 3, 2021 and the end of the Claims Deadline; and (d) the claimant made reasonable efforts to avoid, or seek reimbursement for, the loss. Data Incident Settlement Class members may also make a claim for lost time of $25 per hour for up to four (4) hours.
• For those identified as a BIPA Settlement Class member, you need not take any action to receive payment under this settlement. All BIPA Settlement Class members who do not submit a valid and timely Request for Exclusion will receive a check minus their pro rata share of the Administrative Costs, Attorneys Fees and Expenses Award, and Service Award, from the BIPA Settlement Fund. If you are also a Data Incident Settlement Class member, you can also use the Claim Form to claim Out-of-Pocket Losses or lost time.
• Lifescan has or will implement certain reasonable steps to further secure its systems and environments. Lifescan will also implement or has implemented reasonable steps to ensure compliance with BIPA regulations.
• You are included in this settlement as a Data Incident Settlement Class member if you are a Person whose information was maintained on Defendant Lifescan’s computer systems and/or network that was impacted in the Data Incident.
• You are included in this settlement as a BIPA Settlement Class member if you are a Person who used their hand for hand-scan timekeeping in the course of their employment with Lifescan.