1. Introduction

A federal court preliminarily approved a class action settlement between plaintiff and one defendant in the above-referenced lawsuit (the “Lawsuit”). The Court approved this Notice to inform individuals who are included in the settlement of their rights.

Before any money is paid, the Court will decide whether to grant final approval of the Settlement.

2. What is the Lawsuit About?

The Lawsuit is against multiple defendants asserting violations of the Illinois Biometric Information Privacy Act (“BIPA”). One of the defendants is Pathfinder Software, LLC doing business as CenterEdge Software (“CenterEdge”). CenterEdge supplies businesses in Illinois with point-of-sale system, each of which includes a fingerprint scanner and software that allows employees of CenterEdge customers to do things like clock in or out of work. The Lawsuit alleges CenterEdge violated BIPA by collecting and possessing fingerprint data from people who used a fingerprint to access CenterEdge systems in Illinois without providing the required disclosures and obtaining written consent. CenterEdge denies any violation of the law. The Court did not decide whether CenterEdge violated the law.

3. Who is in the Settlement Class?

The Settlement Class consists of two groups of people. The first group consists of specific individuals who have been identified from information obtained in the Lawsuit as having scanned one or more fingers into a CenterEdge system in Illinois between April 29, 2014 and March 20, 2024. People in the first group do not need to file a claim or take any action to receive their Settlement Payment.

The second group consists of all persons who, at any time from April 29, 2014, through March 20, 2024, scanned one or more fingers into a CenterEdge system at any of the following Sky Zone Trampoline Park locations: Sky Zone in Elmhurst, IL; Sky Zone in Aurora, IL; or Sky Zone in Joliet, IL. People in the second group will need to file a Claim Form to receive their Settlement Payment.

Settlement Class members in the first group who do not opt out and Settlement Class members in the second group who timely return a valid Claim Form are collectively referred to as “Settlement Class Participants.”

The Notice you received provides you with the group you are in.

4. What Does the Settlement Provide?

The Settlement provides, among other things, for a total payment of $1,175,000 that CenterEdge has agreed to pay to settle the claims in the Lawsuit. Subject to Court approval, the Gross Settlement Fund shall be reduced to cover litigation costs, Settlement Administrator’s costs, and a Service Award to Class Representative Madisyn Stauffer, and by an award of up to one third of the total settlement for Settlement Class Counsel’s attorney fees. Following these reductions, the remaining amount shall be the Net Settlement Fund, which shall be distributed equally to the Settlement Class Participants. No money from the Settlement will be returned to CenterEdge.

The exact number of Settlement Class Participants, and the amount of money each Settlement Class Participant will receive will not be known until a later date. Settlement Class Counsel estimate that Settlement Class Participants will receive approximately $230 to $330 each.

5. What are My Options?

You have the choice of participating in the Settlement, excluding yourself from the Settlement, or objecting to the Settlement. The way to participate in the Settlement differs for people in Group 1 and Group2. Please review a list of your options below.

a. Participate in Settlement – Group 1. If you are in Group 1 (the Notice you received indicates that you have already been identified by your past or present employer as having scanned a fingerprint into a CenterEdge System in Illinois), then you do not need to take any action to receive a Settlement Payment. If you have received the Notice and do nothing, you will automatically receive money from the Settlement if it is approved by the Court and be bound by all orders and judgments of the Court.

b. Participate in Settlement – Group 2. If you are in Group 2 (people who scanned one or more fingers at a Sky Zone Trampoline Park located in Elmhurst, Aurora, or Joliet, Illinois), you must complete a Claim Form on or before June 24, 2024 to receive a Settlement Payment. If you are a Settlement Class Member and you timely return a completed Claim Form, and if the Court grants final approval of the Settlement, you will receive money from the Settlement and be bound by all orders and judgments of the Court. If you are in Group 2 and do nothing, you will receive no money from the Settlement, but you will still be bound by all orders and judgments of the Court. You will not be able to file or continue a lawsuit against CenterEdge regarding any legal claims released in this Settlement.

c. Exclude yourself from the Settlement. You may exclude yourself from the Settlement by mailing or emailing the Settlement Administrator (contact information below) on or before June 10, 2024. If you do this, you will NOT receive a Settlement Payment and will not be bound by the Settlement. You must include your name, address, telephone number, email, a clear statement that you wish to be excluded, and your (or your authorized representative’s) actual or digital signature. A request to exclude cannot be made on behalf of a group of persons.

d. Object to the Settlement. If you are a Settlement Class member, you may object to the Settlement on or before June 10, 2024. If you want to object to the Settlement, you must mail or email a written objection to the Settlement Administrator (contact information below), which includes your full name, address, telephone number, email, and the grounds for the objection. An objection cannot be made on behalf of a group of persons. If you exclude yourself from the Settlement, you cannot file an objection.

Each choice has risks and consequences. Unless you exclude yourself, you are staying in the Settlement Class and agreeing to release CenterEdge as set forth in the Settlement Agreement if the Court approves the Settlement. This means that you can’t sue, continue to sue, or be part of any other lawsuit against CenterEdge about the legal issues related to this case. It also means that all of the Court’s orders will apply to you and legally bind you.

6. Who Are the Attorneys for the Class and How Will They Be Paid?

The Court has appointed the following Settlement Class Counsel to represent the Settlement Class in this Settlement:

Kevin P. Green; Richard S. Cornfeld; Thomas C. Horscroft; Daniel S. Levy
2227 South State Route 157, Edwardsville, Illinois 62025

7. When Is the Final Approval Hearing?

The Court will hold a hearing in this case on August 21, 2024 at 10:00 a.m., to consider, among other things, whether to finally approve (1) the Settlement; and (2) the Fee Petition. You may appear at the Final Approval Hearing, but you are not required to do so.

8. Who Is The Settlement Administrator And Are There More Details About The Settlement?

The Notice summarizes the proposed settlement. More details can be found in the Settlement Agreement and other documents that can be found HERE on the Settlement Website. If you have questions concerning the Notice that are not answered by the website you may also contact the Settlement Administrator at:

CenterEdge Settlement
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164