Case Information
Owens, et al, v. Wendy's International, LLC
Circuit Court of Cook County, Illinois County Department, Chancery Division
Case No. 2018-CH-11423
About This Case
IF YOU SCANNED YOUR FINGER WHILE WORKING AT A CORPORATE-OPERATED WENDY’S RESTAURANT IN ILLINOIS BETWEEN SEPTEMBER 11, 2013 AND NOVEMBER 29, 2023, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
This is an official court notice. You are not being sued. This is not an ad for a lawyer.
A settlement has been reached in a class action lawsuit filed by former employees, Martinique Owens and Amelia Garcia, against Wendy’s International, LLC (“Defendant” or “Wendy’s”) that may impact other current and former employees of Wendy’s corporate-operated restaurants in Illinois. The lawsuit alleges that Wendy’s violated an Illinois law called the Biometric Information Privacy Act (“BIPA” or “Privacy Act”) by collecting certain employees’ biometric data through a finger-scanning Point of Sale (“POS”) system in Illinois without first obtaining their informed written consent. Wendy’s denies any wrongdoing or that it violated any laws. The Settlement does not establish who is right or wrong. The lawsuit is called Martinique Owens and Amelia Garcia, et al. v. Wendy’s International, LLC, No. 18-CH-11423, and is in the Circuit Court of Cook County, Illinois.
You are included in the settlement if you worked or are currently working for a Wendy’s corporate-operated restaurant in Illinois and scanned your finger scanner at a Wendy’s corporate-operated restaurant in Illinois between September 11, 2013 and November 29, 2023, unless one or more of the exclusions to participating apply. For example, individuals who signed a consent form related to the collection and use of their biometric data prior to their first use of Wendy’s finger-scanning POS system are not included. See FAQs 4 & 5 for more details. If you received a notice of this Settlement in the mail, our records indicate that you are included in the Settlement.
If you’re included and the settlement is approved, a check for approximately $575 will automatically be sent to you. This is an equal share of the $18,207,090.00 Settlement Fund after the payment of settlement expenses, attorneys’ fees to Class Counsel (identified in FAQ 10), and up to $5,000 in incentive awards to each of the two Class Representatives (identified in FAQ 10). If you do nothing, a check will be mailed to you at your last known address. You can update your mailing address, personal email address, and cell phone number here. If you would prefer to receive your payment through Venmo or Zelle, click here Wendy’s has ceased use of its finger-scanning technology in Illinois. As part of the settlement, Wendy’s agrees to comply with the then-current BIPA in the future if it uses biometrics in Illinois.
Please read the notice carefully. Your legal rights are affected whether you act, or don’t act.
CLASS MEMBERS’ LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING | You will receive your Class Member payment (estimated to be $575) under the Settlement and give up your rights to sue Defendant about the issues in this case. |
EXCLUDE YOURSELF | You will receive no payment, but you will retain any rights you currently have to sue Defendant about the issues in this case. (You may wish to confer with Class Counsel or your own counsel as to what your rights may be before opting out). |
OBJECT | If you are a Class Member, you can write to the Court explaining why you don’t like the Settlement. You will remain a Class Member, receive a Class Member payment if the settlement is approved, and give up your rights to sue Defendant about the issues in this case. |
ATTEND A HEARING | Ask to speak in Court about the fairness of the Settlement. |
These rights and options—and the deadlines to exercise them—are explained in the notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved. Please be patient.
Important Dates
Preliminary Approval Granted
November 29, 2023
Notification Mailing
January 10, 2024
Opt Out Deadline
March 13, 2024
The deadline to request an exclusion from (opt-out of) the Settlement is March 13, 2024.
Objection Deadline
Wednesday, March 13, 2024
The deadline to object to the Settlement is March 13, 2024.
Final Approval Hearing
April 12, 2024, at 10:30 a.m.
The Final Approval Hearing will be held April 12, 2024, at 10:30 a.m. before the Honorable Anna M. Loftus in Room 2410 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602, or via remote means as instructed by the Court. You may attend the hearing remotely via Zoom using the following Meeting ID: 955 3557 3920. No password is required.