Welcome to the Settlement website for Lark v. McDonalds

Your legal rights are affected whether you act or don’t act. Read this website and the Notice carefully.

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from collecting, capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information of another individual for any purpose without first providing such individual with certain written disclosures and obtaining written consent. The Litigations allege that McDonald’s Corporation, McDonald’s USA, LLC, McDonald’s Restaurants of Illinois, Inc., and McDonald’s franchisees that operate McDonald’s brand restaurants in Illinois (collectively, “Defendants”) violated BIPA by requiring certain current and/or former employees to submit their biometric identifiers and/or biometric information without first providing the requisite disclosures or obtaining the requisite consents. For their part, Defendants assert that they complied with BIPA at all times and deny that there is merit to the claims.

The Defendants have agreed to create a Settlement Fund of up to $50,000,000 for the Settlement Class. Of that $50,000,000, $5 million is held in two reserves that will be triggered only if certain percentages of the Settlement Class return Claims Forms. All Class Members who timely return valid Claims Forms are entitled to receive a payment from the Settlement Fund. Class Members who timely submit a valid Claim Form are eligible to receive a maximum of $375 if their employment began on or before December 31, 2018, and a maximum of $190 if their employment began on or after January 1, 2019. Dates of employment will be determined based on work records provided by Defendants and Released Parties. The actual amount received by Class Members may be less than the maximum depending on the number of Claims Forms submitted. Each Class Member remains personally responsible for ensuring the proper payment of all taxes due, as determined by the applicable taxing authority.

If the Settlement is approved, the Settlement Administrator will issue a check to each Class Member who submits a valid and timely Claim Form following the final approval of the Settlement. All checks issued to Class Members will expire and become void 120 days after they are issued. Additionally, the attorneys who brought the Litigations will ask the Court to award them attorneys’ fees of up to 37% of the maximum possible Settlement Fund, plus reasonable costs, for the substantial time, expense, and effort expended in investigating the facts, litigating the case, and negotiating the Settlement. The Class Representatives will also apply to the Court for a payment of up to $2,500 for their time, effort, and service in this matter.

Your Legal Rights and Options in This Settlement
Submit a Claim Form

To accept the Settlement, you must submit a Claim Form postmarked no later than February 9, 2022.

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.

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 Defendants and the Released Parties. To exclude yourself from the Settlement, you must return a signed opt out form postmarked no later than February 9, 2022.
Object If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Court, and the Settlement Administrator. The objection must be received by the Court no later than February 9, 2022.
Go to a Hearing You may appear at the Final Approval Hearing, which is to be held on February 25, 2022, in Courtroom 403 of the Circuit Court of St. Clair County, Illinois, #10 Public Square, Belleville, IL 62220, in person or through counsel to show cause of why the proposed Settlement Agreement should not be approved as fair, reasonable, and adequate.
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 judgements of the Court.