Here are answers to frequently asked questions about the settlement. Detailed information about the settlement is contained in the Class Notice and Settlement Agreement.

If you do not find an answer to your question here, please contact us directly.

About the Settlement

What is this case about?

This Lawsuit is about whether Compass Group USA, Inc. and 365 Retail Markets, LLC violated the Illinois Biometric Information Privacy Act (“BIPA”). Among other things, BIPA prohibits private companies from capturing, collecting, or otherwise obtaining an individual’s biometric identifier or biometric information, including a fingerprint or identifying information based on a fingerprint, without first providing an individual with certain written disclosures and obtaining written consent. The Lawsuit alleges that Compass and 365 Retail violated BIPA by collecting fingerprint data from users of vending machine systems in Illinois without first providing written notice and obtaining written consent.

The vending machine systems involved in the case are called Smart Market, Avenue C, Market Now, eMart, NEX Micro Markets, and Honest Eats Marketplace kiosks.

Compass and 365 Retail deny any violation of the law. The parties agreed to a settlement to resolve the Lawsuit. The Court did not decide whether Compass or 365 Retail violated the law.

Who is included in the Settlement?

The settlement includes all individuals who scanned their finger in one or more of Compass’s or 365 Retail’s vending systems in Illinois between August 23, 2014 and November 2, 2021 without first executing a written consent.

Excluded from the Class are persons who timely elect to exclude themselves, the Court and staff to whom this case is assigned, and any member of the Court’s or its staff’s immediate family.

What does the Settlement provide?

The class action settlement provides for a total payment of $6,800,000 that Compass and 365 Retail have agreed to pay to settle the claims of Settlement Class Members. Subject to Court approval, the gross settlement fund shall be reduced by the following: (1) an award of up to one third of the total settlement for Settlement Class Counsel’s attorney fees (estimated to be $2,266,666.67) and litigation costs of up to $50,000; (2) a Service Award of $10,000 to Class Representative Christine Bryant; and (3) the Settlement Administrator’s costs estimated to be less than $120,000. Following these reductions, the remaining amount shall be the net settlement fund, which shall be distributed equally to Settlement Class Members who timely return valid claim forms. The amount of money each Settlement Class Participant will receive will depend on the number of Settlement Class Members who timely return valid claim forms. Settlement Class Counsel estimate that Settlement Class Participants will receive approximately $300 to $600 each.

More details are provided in the Settlement Agreement, which is available here.

You may also contact the lawyers representing class members at 312-419-1008 or vendingsettlement@flsalaw.com.

How do I get a settlement payment?

To receive a settlement payment, you must be a Settlement Class Member and complete and submit a timely and valid Claim Form. Read the instructions carefully, fill out the claim form, and mail it in the postage pre-paid envelope included with your notice, no later than July 29, 2022 to:

Finger Scan Vending  Settlement
Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006

To file a claim online, you will need your claim number and PIN, which you can find on the claim form you received in the mail, or in the email or text message you received.

If you believe that you are a settlement class member, but you didn’t receive a claim form in the mail, or a text message or email with your claim number and PIN, you can still file a claim form online by logging in with your email address.

Where were the vending machines located?

The vending machine systems involved in the case are called Smart Market, Avenue C, Market Now, eMart, NEX Micro Markets, and Honest Eats Marketplace kiosks through which customers can purchase food and/or drinks.  They are located in canteens, break rooms and food service areas of businesses where you may have worked.

What happens if I do nothing?

You may choose to do nothing. If you are a Settlement Class Member and you 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 the Released Parties regarding any legal claims released in this settlement.

How can I update my name or address?

You can update your address on your paper claim form or when you file an online claim.  If your address changes after you file your claim form, you must write to the Settlement Administrator at this address, providing your name, claim number, old address and new address.

Finger Scan Vending Settlement
Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006

If you need to update your name, the Settlement Administrator may request documentation showing your current name.

You may also email the Settlement Administrator at info@FingerScanVendingSettlement.com to update your name or address.

What if I have more questions?

If you still have questions, you may call the Settlement Administrator toll-free at 1-844-789-1470, or email the Settlement Administrator at info@FingerScanVendingSettlement.com.

More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here.  You can also write with questions to:

Finger Scan Vending Settlement
Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006

Finally, you can contact the lawyers representing class members at 312-419-1008 or vendingsettlement@flsalaw.com.