ITS Technologies & Logistics BIPA Class Action Settlement

Only non-union Illinois ITS workers qualify. Union-represented ITS workers are cut out — and the class a court actually certified did not exclude them. Illinois employees of ITS Technologies & Logistics, LLC who clocked in on a hand-scan or finger-scan timeclock between September 8, 2017 and August 29, 2024 can claim an estimated $964.48 under McGivney v. ITS Technologies & Logistics, LLC, No. 2026-LA-000924 in the Circuit Court of DuPage County, Illinois. But the Settlement Class excludes anyone whose employment was governed by a collective bargaining agreement, on Section 301 LMRA preemption grounds — and Recital C of the Settlement Agreement records that the class the Cook County court certified on August 29, 2024 'did not address' that exclusion at all. It was written in for settlement. A union-covered ITS worker who was inside the litigated class is outside this one. To the settlement's credit, the carve-out is disclosed in the official class definition, the mailed Notice, FAQ 5 and on the claim form itself. The $925,500 figure is a ceiling, not a fund, and unclaimed money goes back to ITS. Section 1.35 sets a maximum of $1,500 per class member across about 617 people. Section 1.36 then limits ITS's actual obligation to the approved claims plus Expenses, and Section 2.1(c)(5) sends whatever is left in the Net Settlement Fund to ITS — unclaimed shares are not redistributed to the people who filed. One term here is genuinely better than the norm: under Section 1.37 your share is the maximum less Expenses divided by the whole class of 617, not by the number of claimants, so $964.48 does not shrink as more coworkers file. What can shrink it is cost: the 33% / $305,415 cap in Section 8.1 covers Class Counsel's fees and costs together, and it is the only dollar cap in the agreement — settlement administration expenses come out of the same money with no cap at all, and the $12,500 for them is an example figure, not a limit. Filing is paper-only: no online form. A Claim Form was mailed September 4, 2026 and must be postmarked by December 4, 2026; it asks for your Social Security number and a signature under penalty of perjury. Unusually, the claim, opt-out and objection deadlines are all the same day — December 4, 2026 — so there is no grace period on any of them. Final approval hearing: January 7, 2027.

Do I Qualify?

You may be eligible if:

• You are or were employed by ITS Technologies & Logistics, LLC — and you were employed in the State of Illinois
• Your partial handprint, fingerprint or other biometric information was collected, captured or otherwise obtained by ITS — in practice, you clocked in and out on an ITS hand-scan or finger-scan timeclock
• That happened at some point from September 8, 2017 through August 29, 2024, the class period fixed by Section 1.9 of the Settlement Agreement
• You are NOT eligible if your employment was governed by a collective bargaining agreement. This is the biggest exclusion in the case. The agreement attributes it to Section 301 LMRA preemption, and Recital C records that the class the Cook County court actually certified on August 29, 2024 did NOT contain this carve-out — it was added for settlement, so being inside the certified class does not mean you are inside the settlement class
• You are NOT eligible if you previously released these claims in connection with an individual BIPA or other claim
• You are NOT eligible if you opt out by December 4, 2026, or if you are the judge or court staff assigned to this case or their immediate family
• Practical gate: the class is estimated at about 617 people drawn from ITS's own records, and a paper Claim Form was mailed to them on September 4, 2026. There is no online filing — if you believe you qualify but have no form, call Simpluris at (833) 200-6678 and get one mailed in time to be postmarked by December 4, 2026
• An ITS job outside Illinois does not qualify you, and a hand or finger scan at a different employer does not put you in this class

Proof of identity and class membership is required, and the form asks for your full Social Security number. This is not a receipt-free, click-through claim. The court-approved Claim Form asks for your name, your SSN, your current mailing address and a contact phone number, and you must sign it affirming under penalty of perjury that you are a member of the Settlement Class as defined — including, by the terms printed on the form itself, that your employment was not governed by a collective bargaining agreement. There is no notice ID, PIN or claim code involved, and no pay stubs or employment records are requested up front. Instead the Settlement Administrator reviews each claim against ITS's own employment records, and the form warns that you may be required to submit additional documentation to validate your claim. The SSN is not optional and it is not a red flag. Section 2.1(d) of the Settlement Agreement lets ITS provide a class member's Social Security number to the administrator for settlement administration and tax purposes, and the official FAQ confirms the field is on the court-approved form. The completed form goes only to Simpluris, the administrator, by mail — never to the Court, to ITS or to any of the lawyers. If a web page, text message or phone call asks you for the same information through any other channel, that is not this settlement. The real obstacle is logistical, not evidentiary: the claim is paper-only. There is no online submission. The form was mailed with the Notice on September 4, 2026 to the roughly 617 people identified from ITS's records, and it must be postmarked by December 4, 2026. If you never got one, call Simpluris at (833) 200-6678 or email info@ITSBIPASettlement.com and ask for a paper form — do that early enough that it can reach you and get back in the mail before the postmark deadline. Approved claims are paid by mailed check, so keep your address current with the administrator.

What Happened?

The Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., bars a private company from capturing, obtaining, storing or disclosing someone's fingerprint or handprint geometry — for any purpose, routine timekeeping included — without first giving written disclosures, obtaining written consent and publishing a data retention policy.

Michelle McGivney sued ITS Technologies & Logistics, LLC, alleging that ITS used timeclocks that scanned workers' fingerprints or handprints and collected, stored and used that biometric information without the notice, informed written consent or published retention policy BIPA requires. ITS denies the claims, denies it did anything wrong and denies that class certification is warranted; the Court has not decided who is right, and the settlement is not an admission of wrongdoing.

This is not a data breach case. The Notice states that the parties and Class Counsel are not aware of any biometric identifiers or information having been compromised, breached or hacked, and ITS denies that any timeclock data was. The dispute is about consent paperwork, not stolen data.

The case was filed in the Circuit Court of Cook County, Illinois, and on August 29, 2024 a class was certified there. The parties mediated for a full day on December 2, 2025 before Hon. Morton Denlow (Ret.) through JAMS, continued discussions on December 8, 2025, and then agreed to resolve the case in DuPage County. It now proceeds as McGivney, et al. v. ITS Technologies & Logistics, LLC, Case No. 2026-LA-000924, in the Circuit Court of DuPage County, Illinois.

Recital C of the Settlement Agreement is worth reading alongside the class definition. It states that the class certified in Cook County on August 29, 2024 'did not address whether any individuals would be excluded from the class due to their claims being preempted by the Labor Management Relations Act.' The settlement class does exclude them. That is the clearest signal of who gained and who lost in the negotiation: union-represented ITS workers were inside the litigated class and are outside the settlement.

The Court granted preliminary approval and conditionally certified the class for settlement purposes only. The two official sources disagree on the date — the mailed Notice says the Court preliminarily approved the settlement on August 6, 2026, while the settlement website says September 6, 2026. Neither date changes any deadline that affects you; the operative dates are the December 4, 2026 claim postmark and the January 7, 2027 final approval hearing.

The money is structured as a claims-made settlement with a reversion. ITS's maximum exposure is $1,500 per class member across about 617 people, or $925,500, but it funds only the approved claims plus Expenses, and anything left over returns to ITS under Section 2.1(c)(5) rather than going to claimants.

The court-appointed Settlement Administrator is Simpluris. Class Counsel are Michael Drew of Neighborhood Legal LLC and Michael Wood of Community Lawyers, LLC, both in Chicago. ITS is represented by Orly Henry of Littler Mendelson, P.C. The final approval hearing is set for January 7, 2027 at 9:00 a.m. before the Circuit Court of DuPage County in Wheaton, with Zoom access. Nothing is paid unless the Court grants final approval.

How to File Your Claim

1. This is a paper-only settlement. There is no online claim form, so leave extra time for the mail
2. The Claim Form must be POSTMARKED no later than December 4, 2026 — filing is the only way to be paid, and an eligible ITS worker who does nothing gets nothing and still gives up the claims
3. If you are in the class, a Claim Form was mailed to you with the Notice on September 4, 2026 — use that form
4. Never received one, or lost it? Call the Settlement Administrator, Simpluris, toll free at (833) 200-6678 and ask for a paper Claim Form to be mailed to you, or email info@ITSBIPASettlement.com. The settlement website also links a downloadable copy from its claim-form page, but that link did not load for us when we checked on October 7, 2026 — if it fails for you too, phone the administrator rather than assuming you cannot file
5. What the form asks for: your name, Social Security number, current mailing address and phone number, plus your signature affirming under penalty of perjury that you are a member of the Settlement Class. No notice ID, PIN or claim code is involved
6. Where it goes: mail the completed, signed form to the Settlement Administrator at the address printed on the form. Do not send it to the Court, to ITS, or to any of the lawyers. The administrator's address of record for this case is ITS BIPA Settlement, c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799
7. The administrator checks every claim against ITS's employment records and the form states you may be required to submit additional documentation to validate the claim
8. SAME-DAY DEADLINES, NOT STAGGERED: unusually, the claim deadline, the opt-out deadline and the objection deadline are all December 4, 2026. Most settlements close opt-outs and objections weeks earlier, so do not assume you have extra time on any of the three
9. To opt out, mail a signed written request postmarked by December 4, 2026 to the administrator's P.O. Box above, naming the case as McGivney v. ITS Technologies & Logistics, LLC, Case No. 2026-LA-000924, with your full name, current address, telephone number and a statement that you wish to be excluded
10. To object, file in writing with the Clerk of the Circuit Court of DuPage County, 505 N. County Farm Rd., Wheaton, IL 60187 by December 4, 2026 and mail copies to Class Counsel and defense counsel by the same date. An objector must ALSO appear at the final approval hearing in person or through a lawyer, or the objection will not be heard
11. Final approval hearing: January 7, 2027 at 9:00 a.m. at the DuPage County Courthouse in Wheaton, with Zoom access through the Eighteenth Judicial Circuit's remote hearings page. The notice says it can be moved without further notice, so confirm on the settlement website
12. Payment is by mailed check only, so update your address with the administrator if you move
13. Visit the official claim form: https://www.itsbipasettlement.com/

How Much Will I Actually Get?

THE HEADLINE $925,500 IS A CEILING ITS WILL ALMOST CERTAINLY NEVER PAY, AND WHATEVER IS NOT CLAIMED GOES BACK TO ITS. This is the single most important thing to understand about the money here. Section 1.35 of the Settlement Agreement sets a 'Maximum Gross Settlement Amount' of $1,500 per class member times about 617 class members, or $925,500. But Section 1.36 defines what ITS actually owes as something much smaller: the Expenses plus the Pro Rata Shares for the claims that are actually filed and approved — and it says that figure 'represents the total extent of Defendant's monetary obligations.' Section 2.1(b) has ITS deposit only enough to cover approved claims and Expenses, and Section 2.1(c)(5) directs any funds left in the Net Settlement Fund after those payments 'to Defendant.' Shares nobody claims are not redistributed to the people who did file. They revert to the company. ONE GENUINELY GOOD TERM, AND IT RUNS OPPOSITE TO THE USUAL PRO RATA SETTLEMENT: your share does NOT shrink as more coworkers file. Section 1.37 computes the Pro Rata Share by deducting all Expenses from the full $925,500 maximum and dividing by the TOTAL number of class members — about 617 — not by the number of people who filed. The agreement works the example through: $925,500 less $305,415 in attorneys' fees and costs, $12,500 in administration costs and a $12,500 incentive award leaves $595,085, and $595,085 divided by 617 is $964.48. So encouraging a coworker to file costs you nothing. The flip side is the reversion above: a low claims rate does not raise your check either, it just returns more money to ITS. THE ONLY DOLLAR CAP IN THE AGREEMENT COVERS THE LAWYERS, NOT THE WHOLE DEAL. Section 8.1 caps Class Counsel's attorneys' fees PLUS their reasonable costs and expenses at 33% of the maximum, which is $305,415 — a combined cap, which is better than the fee-only caps common in these cases, and anything the Court declines to award below it is added back to the Net Settlement Fund. But that 33% is the only 'not to exceed' figure anywhere in the agreement. Settlement administration expenses are defined broadly in Section 1.31 to include the administrator's fee, notice, claims processing, check mailing and the settlement's taxes, they are paid out of the same fund, and the agreement sets NO cap on them. The $12,500 in Section 1.37 is an illustrative figure in a worked example, not a limit. If administration runs higher than $12,500, the $964.48 falls. The settlement website says as much in FAQ 6: the exact payment 'is unknown at this time and may vary.' A NOTE ON WHO THE 33% IS MEASURED AGAINST. The fee cap is struck against the full $925,500 notional maximum — the whole class — even though ITS only funds the claims that come in. Running the agreement's own published figures: if 100 of the 617 class members filed, ITS would pay roughly 100 times $964.48 plus $330,415 in Expenses, about $426,863, of which the $305,415 fee award would be close to 72%. At a 25% claims rate, about 154 claims, it is roughly $478,945 with fees near 64%. Those are our calculations from the numbers printed in the Settlement Agreement, not figures the administrator or the Court has endorsed, and the Court can award less than the 33% requested. THE CLASS SIZE AND THE PER-PERSON FIGURE CAN BOTH MOVE. Section 1.35 adjusts the maximum up or down if the final class comes in above or below 617, within 5% either way, and it decreases for each person who timely opts out. If the class turns out more than 5% larger or smaller than 617, the parties are to meet and confer in good faith about the amount rather than apply a formula. So $964.48 is an estimate built on a 617-person count that is not yet final. TIMING AND STALE CHECKS. Nothing is paid unless the Court grants final approval at the January 7, 2027 hearing. ITS then funds the escrow within 30 days of the Effective Date and the administrator mails checks within 45 days of it; an appeal would delay everything. Checks expire and go void 90 days after issuance, so deposit promptly. After 120 days, money from uncashed checks funds a second distribution to claimants who did cash their first check, but only if each would net at least $10; if there is not enough for that, the remainder goes to a charitable cy pres recipient the parties pick, not back to the class.

Last reviewed: October 7, 2026 | Information verified from court records and official settlement documents.

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