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Illinois employees who scanned their finger in Mighty Cake Co. LLC’s timekeeping system between Jan. 9, 2019, and March 4, 2022, without first signing a written consent may be eligible to claim a cash payment from a class action settlement.
Mighty Cake Co. LLC agreed to pay $100,000 to settle a class action lawsuit alleging it collected employees’ fingerprints without making the required disclosures or obtaining written consent as mandated by Illinois law. This settlement aims to resolve claims under the Illinois Biometric Information Privacy Act.
Who are the class members?
Individuals must meet all of the following criteria:
- They scanned their finger using Mighty Cake Co. LLC’s timekeeping system.
- The scan took place in Illinois.
- The scan occurred between Jan. 9, 2019, and March 4, 2022.
- The individual did not provide written consent before Mighty Cake collected their fingerprint.
The settlement administrator identified individuals through Mighty Cake’s records and sent them notification.
How much can class members get?
Pro rata payment: The total settlement fund is $100,000, but the settlement administrator will deduct attorneys’ fees and expenses, a service award to the class representative and settlement administration costs before distributing payments to class members.
The administrator will divide the remaining amount, known as the net settlement fund, equally among all eligible class members. The actual amount each person receives will depend on the final number of participating class members and the actual costs. The more class members, the smaller each share will be. The less class members, the larger each share will be.
No action needed to receive payment
Class members do not need to file a claim to receive their payment. The settlement administrator will automatically mail checks if the court grants final approval of the settlement.
Class members who wish to exclude themselves must do so by sending a written request that includes their name, contact information, case name and number, and a statement saying they wish exclude themselves to the settlement administrator by mail. The deadline to submit a request for exclusion is June 25, 2026.
Settlement administrator’s mailing address: Mighty Cake Co. Settlement, c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799
Payout options
The settlement administrator will mail checks to eligible class members at the address on file.
$100,000 settlement fund breakdown
The $100,000 settlement fund covers:
- Settlement administration costs: To be determined
- Attorneys’ fees and costs: $40,000
- Service award to class representative: $5,000
- Payments to eligible class members: The remainder of the fund
Important dates
- Opt-out deadline: June 25, 2026
- Final approval (fairness) hearing: July 10, 2026
When is the Mighty Cake Co. settlement payout date?
The settlement administrator will mail payments to class members after the court resolves any appeals and grants final approval of the settlement.
Why is there a class action settlement?
The class action lawsuit alleged Mighty Cake Co. collected employees’ fingerprints for timekeeping without providing the disclosures or obtaining the written consent required by the Illinois Biometric Information Privacy Act.
The company denied any wrongdoing but agreed to settle the case to avoid further litigation.
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