Frequently Asked Questions

1. Why did I get a notice?

On June 13, 2024, the Court authorized notice of a proposed settlement in a class action lawsuit entitled Cardona v. Restaurant Technologies, Inc. Case Number 2023CH09325, that is pending in Cook County, Illinois (“Lawsuit”). The settlement (the “Settlement”) would resolve the Lawsuit brought on behalf of the Settlement Class. You received a notice (“Notice”) because you have been identified through Restaurant Technologies’ (“Defendant” or “Restaurant Technologies”) records as a Settlement Class Member.

The purpose of the Notice is to inform you of the Settlement terms and your rights and options in connection with the Settlement. You have been identified because you worked for Defendant as an authorized driver of vehicles operated under Defendant’s federal motor carrier authority in Illinois, which were allegedly equipped with a dash-camera with facial recognition capabilities between November 8, 2018, and December 31, 2023. Defendant maintains that it has always complied with all relevant laws, including the Illinois Biometric Privacy Act. The Settlement avoids costs and risks to you from continuing the lawsuit.

The Notice explains what you can get from the Settlement and what rights are affected. You are entitled to receive a payment unless you choose to exercise certain rights, including objecting to the Settlement or excluding yourself from the Settlement and Lawsuit. Your options are explained below in further detail. Defendant will not and cannot retaliate against you for participation or non-participation in this settlement.

2. What is this lawsuit about?

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, and/or using the biometric identifiers and/or biometric information of another individual for any purpose, without first providing notice and getting consent in writing. The BIPA law defines biometric identifiers, and some examples include a person’s fingerprint, voiceprint, or a scan of your facial geometry. This Lawsuit alleges that Restaurant Technologies violated BIPA by allegedly collecting scans of Illinois drivers’ facial geometry when it used dual-facing dash cameras in Restaurant Technologies’ trucks without giving notice or getting consent from drivers as required by BIPA. Restaurant Technologies denies these allegations and denies that it violated BIPA.

This Lawsuit sought on your behalf, statutorily available damages from Defendant for the alleged violations of notice and consent requirements, injunctive and equitable relief to protect the interests of Plaintiff and the Settlement Class, and payment by Defendant of Plaintiff’s and Settlement Class’s attorneys’ fees and expenses.

Judge Neil H. Cohen of the Circuit Court of Cook County is overseeing this Lawsuit.

3. What is the proposed Settlement?

Without admitting any fault or liability, and in exchange for a release of all claims relating to the collection of biometric information, Defendant has agreed to make up to $115,500.00 (the “Settlement Fund”) available to pay Settlement Class Members, to pay a service award to the Named Plaintiff of $3,500 for serving as the “Class Representative,” to pay attorneys’ fees and expenses to Class Counsel, and to pay settlement administration costs. Each person who is successfully delivered notice and who does not timely exclude themselves from the settlement will be entitled to a pro rata share of the Net Settlement Fund, which shall be calculated as follows: the Settlement Fund minus (i) the Incentive Award, (ii) Class Counsel’s requested fees and costs (iii) settlement administration expenses and costs of issuing settlement notice and administration, which amount is then divided by the number of persons successfully delivered notice on the Settlement Class List and who do not elect to be excluded from the settlement.

The Court has preliminarily approved this settlement, subject to a hearing that will occur on March 19, 2025, at 9:00 a.m., at the courthouse located at the Cook County Courthouse, 50 West Washington Street, Chicago, IL 60602 via Zoom [Meeting ID: 940 2402 4757 Passcode: 739301].

4. What can I do now?

You have three options.

1. Do nothing. If you want to participate in the Settlement and receive a settlement payment, do nothing. A check for your share of the Settlement will be mailed to you at your current address available at the time of payment if the Court grants final approval of the settlement.
   
   If you do nothing, you will stay in the Settlement Class, be bound by any judgment entered by the Court, and you will release your claims against Defendant about the alleged collection of your biometric information or identifiers without proper notification and consent. You will also receive a Settlement payment in the form of a check (“Settlement Check”).
   
   Your Settlement Check will have a date on it. The Settlement Checks will be valid for 90 calendar days from the date on the check, unless the check is returned due to a bad address, in which case, the check will be reissued. If you lose your Settlement Check or it is damaged in the mail, contact the Settlement Administrator. The Settlement Administrator’s information is listed below.
   
   You may be able to have your Settlement Check reissued, provided you ask within the 90-day time period and successfully cash the reissued check within the original 90-day time period. If you do not cash your Settlement Check within 90 calendar days of the date it was issued, it will be void and will be returned to Defendant and you will remain bound by the Settlement.


2. Exclude yourself from the Settlement Class and the Settlement. You can exclude yourself from the class action and the settlement by mailing a written request that states you would like to be excluded from the settlement. This request must be postmarked on or before January 27, 2025, and it must list your name, e-mail address, current telephone number, street address, the case name and case number (listed at the top of this document), a specific statement that you would like to be excluded, and your signature. If you are represented by your chosen attorney, your attorney must also be identified. You must mail your request for exclusion to:



Cardona v. Restaurant Technologies, Inc.
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799



3. Object to the Settlement in writing. If you object to the settlement and wish to file an objection rather than excluding yourself, you must submit your objection in writing to the Clerk of the Circuit Court for Cook County, Illinois. Your objection must be postmarked by January 27, 2025. You must also serve copies of your objection and any supporting memoranda or materials on the attorneys for the Settlement Class, Roberto Luis Costales, Beaumont Costales LLC, 107 W. Van Buren Street, Suite 209, Chicago, IL 60605 and the attorneys for Defendant, Gray Mateo-Harris, Fox Rothschild LLP, 321 N. Clark Street, Suite 1600, Chicago, Illinois 60654, postmarked by the same date. Your objection must be signed under penalties of perjury and must identify (1) your name, current telephone number, e-mail and postal address, (2) the name and number of the Action; (3) all attorneys who assisted you in the preparation and filing of your objection, (4) a list of all other class action cases in which you or your attorneys have submitted an objection to a settlement, (5) an explanation of the basis upon which you claim to be a Settlement Class Member, (6) a statement of the reasons why you believe the Court should find that the proposed settlement is not fair, reasonable, adequate, and in the best interests of the Settlement Class, (7) a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel, and (8) your signature. If your objection does not comply with these requirements, the Court will strike and disregard your objection. It is not enough to say that you object. You must state the reasons why you believe the Court should reject the settlement.

5. Is the payment considered wages?

No. The payment will be reported on an IRS Form 1099. If you have questions about the tax consequences of the payment to you, you should consult with an accountant or other tax advisor. Class Counsel (see FAQ 7) cannot provide tax advice.

Defendant has not made any representations regarding the taxability of any payments made pursuant to this Settlement Agreement. As a result, by accepting the Settlement, you will be solely responsible for the timely payment of all taxes owed, if any, which have been due, or which may become due to any governmental authority from receipt of any funds received from Defendant pursuant to this Settlement Agreement.

6. What rights am I giving up as a Settlement Class Member?

If you do nothing and receive your Settlement Check, you agree to the Release as described below:

If you do not exclude yourself, the release of claims will be made effective. This means that the release will be effective even if you do not cash your Settlement Check.

7. Who represents the Settlement Class?

The Court appointed the Named Plaintiff to be the “Class Representative” and appointed Roberto Luis Costales and William H. Beaumont of Beaumont Costales LLC, located at 107 W. Van Buren Street, Suite 209, Chicago, IL 60605, as “Class Counsel.” At the fairness hearing, Class Counsel will request that the Court approve a service award of $3,500.00 from the Settlement Fund for the Class Representative’s service on behalf of the Settlement Class. Class Counsel will request that the Court award 35% of the Settlement Fund ($40,425) for attorneys’ fees and for out-of-pocket litigation expenses—to be paid from the Settlement Fund. You do not have to pay attorneys’ fees and cost out of pocket unless you choose to engage your own attorney.

8. When will the court decide whether to approve the Settlement?

The Court will hold a hearing to decide whether the proposed Settlement is fair and reasonable and should be approved. At that fairness hearing, the Court will hear any objections and arguments about the proposed settlement, including about the attorneys’ fees and expenses requested by Class Counsel and the incentive award requested for the Class Representative. The fairness hearing will take place on March 19, 2025, at 9:00 a.m., at the Cook County Courthouse, 50 West Washington Street Chicago, IL 60602 via Zoom. You do not need to attend this hearing unless you object.

The fairness hearing will take place on March 19, 2025, at 9:30 a.m., at the Cook County Courthouse, 50 West Washington Street Chicago, IL 60602 via Zoom [Meeting ID: 940 2402 4757 Passcode: 739301]. You do not need to attend this hearing unless you object.

9. How do I obtain more information?

This description of the litigation is general and does not cover all of the issues and proceedings. If you have specific questions, you may contact Class Counsel, Roberto Luis Costales and William H. Beaumont of Beaumont Costales LLC by phone at 773-831-8000, by email at rlc@beaumontcostales.com. Include the case number, your name, your fax number, and your telephone number. You may also contact the Settlement Administrator, Simpluris, Inc., by calling (866) 675-2506.

To obtain a copy of the Settlement Agreement, the Plaintiff’s motion for approval of the settlement, and other court documents you may visit the “Important Documents” page. You may also view documents related to the case by visiting the office of the Clerk of the Circuit Court for Cook County, Illinois where files relating to this Lawsuit will be available for inspection and copying at your own expense.

Please do not contact the Clerk of the Court, the Judge, or the Judge’s staff, because they cannot answer your questions or give you advice about this settlement.