Sky Zone BIPA Settlement
Stauffer v. Innovative Heights Fairview Heights, LLC, et al.,
Case No. 3:20-cv-00046-MAB (S.D.Ill.)
U.S. District Court for the Southern District of Illinois
Update: The Court entered a Final Approval Order for the settlement in August 2024. Distribution of settlement payments began during the week of October 7, 2024.
If you scanned your fingerprint as part of your employment at a Sky Zone Trampoline Park in Illinois between April 29, 2014 and April 23, 2024 you may be entitled to a payment from a class action settlement.
The Lawsuit is against multiple defendants asserting violations of the Illinois Biometric Information Privacy Act (“BIPA”). One of the defendants is Sky Zone, a franchisor of recreational facility/trampoline parks throughout the country, including in Illinois. Plaintiff alleges that Sky Zone required its Illinois franchisees to utilize hardware and software that included fingerprint matching and identification technology. The Lawsuit alleges Sky Zone violated BIPA in connection with the scanning of fingerprints by Sky Zone’s franchisees’ employees to, among other things, clock in and out of work. Sky Zone denies any wrongdoing or any violation of the law. The Court did not decide whether Sky Zone violated the law.
Note: You may receive a similar notice about a related Settlement in the same Lawsuit involving a different party: Pathfinder Software, LLC. This Notice and Settlement is different from and in addition to any Settlement Funds available from Pathfinder.
The Settlement provides, among other things, for a total payment of $1,050,000 that Sky Zone 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, a Service Award to Class Representative Madisyn Stauffer, and 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 Sky Zone.
The people included in the Settlement Class consist of two groups of people:
| Group 1: No Claim Form Needed |
| People who have already been identified by their employer as having scanned a fingerprint into a Sky Zone franchisee’s computer System in Illinois. People in this group will be sent notice and do not need to file a Claim Form to receive the Settlement payment. If these people do nothing, they will receive the Settlement payment. For more information about this group, click HERE. |
| Group 2: Must File Claim Form |
| People who scanned one or more fingers into a Sky Zone franchisee’s computer system at any Sky Zone Trampoline Park located in Elmhurst, Aurora, or Joliet, Illinois. People who worked at a Sky Zone Trampoline Park located in Elmhurst, Aurora, or Joliet Illinois will need to file a Claim Form to receive the Settlement payment. In the Claim Form, people in this group will provide contact information and verify that, on at least one occasion between April 29, 2014 and April 23, 2024, they scanned their fingerprint at a Sky Zone Trampoline Park located in Elmhurst, Aurora, or Joliet, Illinois. To receive the Settlement Amount, the Claim Form must be electronically submitted or postmarked on or before July 29, 2024. For more information about this group, click HERE. You can complete a Claim Form online. To complete and submit a Claim Form, click HERE. You will need the Claimant ID listed on the Notice you received. You can also print the Claim Form and return it to the Settlement Administrator. To download the Claim Form, click HERE. |
The Notice that was delivered to you tells you which group you are in.
Members of Group 1 and Group 2 can also opt-out or object to the Settlement. The deadline to do so is July 15, 2024.
The Court has scheduled a final approval hearing for August 21, 2024, at 10:00 a.m.
The Court in charge of this case still has to decide whether to approve the Settlement. Any Settlement payments will only be distributed if the Court approves the Settlement and after any appeals are resolved. Please be patient.
Your legal rights are affected whether you act or don’t act. Please read the information provided on this website and the Settlement documents carefully.