A class action lawsuit (the “Class Action”) is pending against Zara USA, Inc. (“Zara” or “Defendant”) under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq. The Class Action is called Fouts v. Zara USA, Inc., Case No. 2019-CH-14680, and is pending in the Circuit Court of Cook County, Illinois County Department, Chancery Division. Named Plaintiff Nafisa Fouts alleges that Zara captured, collected, received, or otherwise obtained Zara employees’ fingerprints, handprints, and/or other biometric data through a timekeeping system used by employees working for Zara in Illinois, without first providing legally required written disclosures or obtaining informed written consent. Zara denies that it is liable for any violations of BIPA. The Court has not decided who is right, and no money has been awarded.
The Court has certified the following Class and Subclass:
Class: All individuals who scanned their finger in Zara’s Biometric Timekeeping System in Illinois between December 19, 2014, and through September 30, 2018.
Subclass: All Class Members whose finger scan was stored in Zara’s Biometric Timekeeping System between July 24, 2017, and through September 30, 2018.
Your Legal Rights and Options in this Lawsuit | |
Do Nothing | If you do nothing, you will remain a member of the Class and/or Subclass, be bound by the outcome of the lawsuit, whether favorable or unfavorable, and continue to receive information about the case as it proceeds. |
Exclude Yourself by September 1, 2026 | If you exclude yourself, you will not be bound by the outcome of the lawsuit and may pursue your own legal remedies separately, but you will not share in any recovery if the lawsuit is successful. |