$2.4 Million Crate & Barrel

A Cook County judge finalized a $2.4 million settlement, concluding litigation accusing Crate & Barrel of violating Illinois’ biometric privacy law. The lawsuit alleged that the company required employees to scan their fingerprints for timekeeping purposes without obtaining their written, informed consent.

During a video hearing, the Cook County Circuit Judge gave final approval, describing the settlement as “an excellent settlement for all parties involved,” and effectively concluded the litigation that began in July 2018 under the Illinois Biometric Information Privacy Act.

The lawsuit claimed that Crate & Barrel, under its corporate name Euromarket Designs Inc., failed to obtain written consent from employees for fingerprint collection and did not inform them about the data collection’s purpose, storage location, or destruction timeline, as required by BIPA. Additionally, the Plaintiff accused Crate & Barrel of sharing employees’ biometric data with third-party vendors managing payroll without their permission.

The judge commended the notice and response, acknowledging the case’s unique challenges and the significant compensation employees would receive.

Under the settlement, each of the 1,796 class members is expected to receive a payment of approximately $860. The class includes anyone who scanned their finger, hand, or palm to clock in and out of work at Crate & Barrel or its affiliate CB2 in Illinois between July 2013 and March 2024. No class member objected or opted out of the settlement, according to the motion for final approval.

The case, after a motion to dismiss was denied in February 2020, faced several stays pending key Illinois Supreme Court decisions on BIPA’s scope and was further delayed in August 2023 during settlement negotiations. Preliminary approval for the $2.4 million settlement was granted in March.

The Plaintiff argued that the settlement provides substantial compensation to workers, avoiding the “time, difficulties, expense, and uncertainty of further litigation” and conserving judicial resources. An attorney for Crate & Barrel stated that the settlement was fair, just, and reasonable.

At Fitapelli & Schaffer, our attorneys are dedicated to safeguarding your rights, including your right to privacy. Contact us today for a free and confidential consultation.