Rogers v. Illinois Central Railroad Company

The Notice is a Court-authorized Notice of a proposed Settlement in a class action lawsuit, Rogers v. Illinois Central Railroad Company, No. 2019-CH-05129, pending in the Circuit Court of Cook County, Illinois before the Honorable Cecilia A. Horan. The Settlement would resolve a lawsuit regarding the use of finger-scan technology through the SpeedGate System at ICRC facilities in Illinois from April 22, 2014, to June 29, 2022, allegedly in violation of the law. If you received the Notice, you have been identified as someone who may have accessed an ICRC facility in Illinois through its SpeedGate System between April 22, 2014, and June 29, 2022. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of Settlement only. The Notice explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so that you can better understand your legal rights.

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information, such as fingerprints, of another individual for any purpose without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant ICRC (d/b/a “CN”) violated BIPA by requiring individuals visiting its Illinois facilities and using its SpeedGate System to provide their fingerprints in order to identify them between April 22, 2014, and June 29, 2022, without first providing the requisite disclosures or obtaining the requisite consent. Defendant contests these claims and denies that it violated BIPA.

A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims against Defendant and its affiliated entities. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay Settlement administration expenses, attorneys’ fees and costs to Class Counsel, and a Service Award to the Class Representative, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law.

The Court has already preliminarily approved the Settlement. Nevertheless, because the Settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for Settlement purposes only, so that members of the Settlement Class can be given the Notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the Court does not give final approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no Settlement and no certification of the Settlement Class.

You are a member of the Settlement Class if at any time between April 22, 2014, and June 29, 2022, you accessed an Illinois Central Railroad Company (d/b/a “CN”) facility in the state of Illinois through the SpeedGate System. If you accessed an ICRC facility in Illinois using the SpeedGate System at any time during this time period, then you may submit a claim for cash benefits on this website here.

(1) Accept the Settlement

To accept the Settlement, you must submit a Claim Form by September 26, 2022. You may submit your Claim Form online here. You may also download a Claim Form here and submit it to the Settlement Administrator via email at info@RailroadBIPASettlement.com or via U.S. Mail, FedEx, or UPS to P.O. Box 4656, Portland, OR 97208-4656. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement and is the only thing you need to do to receive a payment.

(2) Exclude yourself

You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against Defendant and the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense. To exclude yourself from the Settlement, you must mail a signed letter to the Settlement Administrator at P.O. Box 4656, Portland, OR 97208-4656, postmarked by September 10, 2022. You may also exclude yourself online here. If you choose to exclude yourself by mail, the exclusion letter must state that you exclude yourself from this Settlement and must include the name and case number of this litigation, as well as your full name, address, telephone number, a statement that you wish to be excluded, and your signature. So-called “mass” or “class” exclusion requests are not permitted.

(3) Object to the Settlement

If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Court of the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street, Courtroom 2008, Chicago, Illinois 60602. The objection must be received by the Court no later than September 10, 2022. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Evan M. Meyers, David L. Gerbie and Brendan J. Duffner, MCGUIRE LAW, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Illinois 60601), as well as the attorneys representing the Defendant (Andrew J. Butcher, Charles Andrewscavage, and Jared Kramer of SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C., 30 West Monroe Street, Suite 1600, Chicago, Illinois 60603), postmarked no later than September 10, 2022. Any objection to the proposed Settlement must include your (i) full name, address, email address, and current telephone number; (ii) the case name and number of the Litigation; (iii) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (iv) the identification of any other objections you have filed, or have had filed on your behalf, in any other class action cases in the last four years; and (v) your signature. If represented by counsel in your objection, you must also provide the name and telephone number of your counsel. If you decide to object and you intend to appear at the Final Approval Hearing, either with or without counsel, you must state so in the written objection, and must also identify any witnesses you may call to testify at the Final Approval Hearing and all exhibits you intend to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, your written objection. If you hire an attorney in connection with making an objection, that attorney must also file with the Court a notice of appearance by the objection deadline of September 10, 2022. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.

You may appear at the Final Approval Hearing, which is to be held on October 3, 2022, at 10:00 a.m., in Courtroom 2008 of the Circuit Court of Cook County, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602 (or remotely via Zoom if ordered by the Court), in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for a Service Award to the Class Representative are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing.

(4) Do Nothing

If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against the Released Parties regarding any of the Released Claims.

Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement. To submit a Claim Form, or for information on how to request exclusion from the Class or file an objection, please review this website, or call 1-888-490-0835.

Payment. Defendant has agreed to create a $3,800,000.00 Settlement Fund. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form will be entitled to an equal, pro rata payment paid out of the Settlement Fund after payment is made for administrative expenses, attorneys’ fees and expenses, and a Class Representative Service Award. The exact amount of each Class Member’s payment is unknown at this time and depends on several factors, including how many valid claims are submitted and the amount of costs, attorneys’ fees and expenses awarded by the Court. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 120 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed in FAQ 11) will ask the Court to award them attorneys’ fees of up to 38% of the Settlement Fund, plus reasonable expenses, for the substantial time, expense, and effort spent investigating the facts, litigating the case, and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $15,000.00 for his time, effort, and service in this matter.

The Settlement also provides prospective relief. Such relief includes Illinois Central Railroad Company’s agreement to comply with all BIPA requirements by (a) disclosing to individuals who use its SpeedGate System that their finger-scan data is being collected or stored, (b) obtaining BIPA-compliant written releases from such individuals, including modification of its current consent form, and (c) establishing a publicly available retention schedule. Further details can be found in the Settlement Agreement available on the Case Documents page of this website.

Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Defendant and its related entities, agents, and vendors (as defined in the Settlement Agreement), and relating to accessing Illinois Central Railroad Company (d/b/a “CN”) facilities located in the state of Illinois through its SpeedGate System from April 22, 2014, to June 29, 2022. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available here. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

The Parties cannot predict exactly when (or whether) the Court will give final approval to the Settlement, so please be patient. However, if the Court finally approves the Settlement, you will be paid as soon as possible after the court order becomes final, which should occur within approximately 60 days after the Settlement has been finally approved. If there is an appeal of the Settlement, payment may be delayed. Updated information about the case is available on this website, or you can call the Settlement Administrator at 1-888-490-0835 or contact Class Counsel at the information provided in FAQ 11.

The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement. At the Final Approval Hearing, the Court will also consider whether to make final the certification of the Class for Settlement purposes, hear any proper objections and arguments to the Settlement, as well as any requests for an award of attorneys’ fees, costs, and expenses and a Class Representative Service Award that may be sought by Class Counsel. The Court will hold the Final Approval Hearing on October 3, 2022, at 10:00 a.m. at the Richard J. Daley Center, 50 West Washington Street, Courtroom 2008, Chicago, Illinois 60602. The Court may direct that the hearing be conducted by videoconference, and the hearing is otherwise subject to being changed by the Court, so please visit this website for updates.

If the Settlement is given final approval, the Court will not make any determination as to the merits of the claims against Defendant or its defenses to those claims. Instead, the Settlement’s terms will take effect and the lawsuit will be dismissed on the merits with prejudice. Both sides have agreed to the Settlement in order to achieve an early and certain resolution to the lawsuit, in a manner that provides specific and valuable benefits to the members of the Settlement Class.

If the Court does not approve the Settlement, if it approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become final for some other reason, you will not be paid at this time and Class Members will receive no benefits from the Settlement. Plaintiff, Defendant, and all of the Class Members will be in the same position as they were prior to the execution of the Settlement, and the Settlement will have no legal effect, no class will remain certified (conditionally or otherwise), and the Plaintiff and Defendant will continue to litigate the lawsuit. There can be no assurance that if the Settlement is not approved, the Settlement Class will recover more than is provided in the Settlement, or indeed, anything at all.

The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

Myles McGuire
Evan M. Meyers
David L. Gerbie
Brendan J. Duffner
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Fl.
Chicago, IL 60601
 bduffner@mcgpc.com
 1-312-893-7002

The Notice is only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained here. If you have any questions, you can also call the Settlement Administrator at 1-888-490-0835 or contact Class Counsel at the numbers or email addresses set forth above. In addition to the documents available on the Settlement Website, all pleadings and documents filed in Court may be reviewed or copied in the Office of the Clerk.

Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.