Seafood City Hand-Scan Settlement: Who Is Paid Automatically

Seafood City's proposed $300,000.00 settlement pays Illinois employees whose hand or handprint was scanned for timekeeping from January 22, 2019 to May 22, 2024. Payments are automatic, with no claim form: about $751.87 gross, estimated at $417.00 net. The court has preliminarily approved it but not finally.

Seafood City Illinois BIPA Employee Settlement
Automatic

Benefit Summary

Eligible class members may receive Estimated $417 net payment.

Payments come from the $300,000.00 settlement fund and may change after approved deductions.

Available Awards

Estimated $417 net payment

Who Is Included

You may be a Settlement Class Member if you worked at a Seafood City location in Illinois from January 22, 2019 through May 22, 2024 and used a hand, palm, handprint, or other biometric identifier to record time worked. A person who timely and validly excludes themselves is not included.

  • Proof required: No claim form or documentation of monetary losses is required for the automatic payment. The notice states that recipients are currently considered Settlement Class Members unless they exclude themselves.

Claim and Payment Information

  • Instructions: No action is needed to receive the automatic settlement payment if you remain in the Settlement Class.

Questions & Answers

Who is included in the settlement?

This settlement concerns employees’ biometric timekeeping information. Seafood City denies that it violated the Illinois Biometric Information Privacy Act (BIPA), and the proposed settlement does not decide that it did.

  • You may be included if you worked at a Seafood City location in Illinois at some point from January 22, 2019, through May 22, 2024, and a hand, palm, handprint, or another biometric identifier was used to record your work time.
  • You are treated as a class member unless you submit a timely valid request to exclude yourself.

Do I need to submit a claim or provide proof to receive a payment?

Accepting the settlement is automatic for people who remain in the Settlement Class.

  • You do not need to file a claim form or take another step to accept the settlement.
  • If you received the notice and stay in the class, the Settlement Administrator is expected to send you a check if the settlement receives final approval.
  • The notice does not describe any separate documents that class members must provide for payment.

How much could I receive, and why is the payment estimated?

These are estimates, not guaranteed payment amounts. The final amount can change because the listed deductions come from the settlement fund.

  • The proposed settlement fund is $300,000.
  • The notice estimates an equal gross share of about $751.87 per class member.
  • After settlement administration costs, attorneys’ fees and costs, and a service award for the named plaintiff are deducted, the estimated net payment is about $417 per class member.

How do I exclude myself, and what happens if I do?

Excluding yourself means leaving the settlement. You will not receive a settlement payment, but you will not release the biometric-information claims covered by this settlement. You cannot object to the settlement if you exclude yourself.

  • Mail a written exclusion request to the Settlement Administrator, Simpluris, Inc., P.O. Box 25226, Santa Ana, CA 92799.
  • Your request must include your name, address, telephone number, the case name and number, a statement that you want to be excluded from the Settlement Class, and your signature.
  • It must be postmarked by June 1, 2026.

How can I object to the settlement?

You may object only if you remain in the Settlement Class. The notice says that an objection that is not made on time and in the required way may be treated as waived.

  • You must file a written objection with the Court by June 1, 2026.
  • You must also mail copies to Class Counsel, Seafood City’s lawyers, and Simpluris by that date.
  • The objection has detailed required contents, including your contact information, employment dates, reasons and supporting materials, information about certain other objections, whether you have a lawyer, whether you plan to attend the hearing, and your signature.

When is the court hearing, and do I have to attend?

At this hearing, the Court will consider whether the settlement is fair and whether to approve requested attorneys’ fees, costs, and the named plaintiff’s service award. Attending is not required.

  • The Final Approval Hearing is scheduled for June 17, 2026, at 10:00am.
  • You may attend in person in Courtroom 2410 of the Richard J. Daley Center, 50 W. Washington Street, Chicago, Illinois 60602, or by Zoom using Meeting ID 955 3557 3920. No password is required.
  • The hearing date may be moved without another notice.

When would checks be sent, and how long would I have to cash one?

The Court has only given preliminary approval so far. If final approval is denied, reversed on appeal, or the settlement otherwise does not become final, no settlement payments will be made.

  • Payment is not certain unless the Court gives final approval and the settlement becomes final.
  • The notice anticipates that checks will be mailed after final approval becomes final, but it contains conflicting timing language and does not identify which timetable controls.
  • An appeal can delay payment.
  • A check expires and becomes void 120 days after it is issued.

What rights would I give up if I stay in the settlement?

A release means giving up the right to bring or continue certain claims covered by the settlement. The notice says that class members who do not exclude themselves would be barred from bringing their own related lawsuit or participating in another lawsuit seeking recovery based on the allegations in this case.

  • If you remain in the class, you give up covered claims against Seafood City and the Released Parties concerning the collection, storage, use, or disclosure of fingerprint, finger-scan, hand-scan, and other biometric information, including claims under BIPA.
  • The full legal definition of the released claims is in the Settlement Agreement, which is available upon request.
  • Leaving the settlement by the deadline is the way to avoid this release.

Other Important Dates

  • Exclusion deadline: 2026-06-01
  • Objection deadline: 2026-06-01
  • Final approval hearing: June 17, 2026 at 10:00am
  • Hearing location: Courtroom 2410 of the Richard J. Daley Center, 50 W. Washington Street, Chicago, Illinois 60602, or by Zoom (Meeting ID: 955 3557 3920; Password Not Required)

Case Details

  • Total settlement fund: $300,000.00
  • Case name: Franz Vergara v. SFC Foods Chicago Inc. d/b/a Seafood City Supermarkets
  • Case number: 2024CH00432
  • Court: Circuit Court of Cook County, Illinois, Chancery Division
  • Administrator: Simpluris, Inc.

Sources

Official Settlement Notice (PDF)
Court-approved notice describing eligibility and benefits
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Official Notice

Read the notice PDF or the text version below.

Official Notice PDF
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Information last updated on 2026-10-01