1. Why did I get a notice?
2. What is this lawsuit about?
3. How will this lawsuit affect me?
4. How do I join the Class Action Claims for alleged BIPA Violations?
5. What should I do if I want to be excluded from the Class Action?
6. Has the Court ruled on the Plaintiff’s claims?
7. If I wish to remain in the lawsuit, how will I continue to receive further notices?
8. Who are the Attorneys representing the Plaintiff and the Class and Subclass, and how will they be paid?
9. How can I obtain more information about this lawsuit?
The Notice is being sent to you because you are a class and/or subclass member in a lawsuit pending against Zara USA Inc. (“Zara” or “Defendant”), and the Court has “certified” a class action lawsuit. The Notice is being sent to inform you about the lawsuit and how it may affect you. The Notice also explains what to do if you want to exclude yourself from the lawsuit, and how your legal rights will be affected if you remain in the lawsuit.
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Named Plaintiff Nafisa Fouts (“Plaintiff”) brought a class action lawsuit against Zara under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq., alleging that Zara captured, collected, received, or otherwise obtained Zara employees’ fingerprints, handprints, and/or other biometric data when such employees used a timekeeping system while working for Zara in Illinois, but that Zara did so without first providing Zara employees with legally-required written disclosures and obtaining their informed written consent. Under BIPA, plaintiffs can seek statutory damages of $1,000.00 per negligent violation, or $5,000.00 per intentional violation. Zara denies that it is liable for any violations of BIPA.
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The Court has given Plaintiff Nafisa Fouts permission to represent the following class and subclass of workers:
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.
If Plaintiff wins the lawsuit, the class and subclass may share in damages awarded to the Plaintiff and other class and/or subclass members. If the lawsuit is not successful, participants who are in the class and/or subclass may be prevented in the future from bringing their own lawsuit against Defendant. Thus, if you remain a member of the above-referenced class or subclass, you will be bound by the judgment, whether favorable or unfavorable to the Plaintiff.
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You do not have to do anything to join this case. You are automatically included in the class action, which is why you received the Notice. If you want to remain included in the class action, you do not need to do anything. By doing nothing, you will continue to be part of the class action claims and you will receive additional information regarding the case as it goes on. If you prefer, you may enter an appearance through your own attorney, at your own cost.
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If you want to be excluded from this class action, you must return the Election to be Excluded Form to the Class Action Lawsuit Administrator. The form must be mailed no later than September 1, 2026, to the following address:
Fouts v. Zara USA, Inc.
c/o Class Action Lawsuit Administrator
P.O. Box 26170,
Santa Ana, CA 92799
If you elect to exclude yourself from the class action you will not be entitled to participate in any financial recovery, if any recovery occurs in the class action nor will you be bound by any judgment in the class action. If you exclude yourself from the class action, you may pursue other legal remedies apart from the class action that may be available to you, or you may seek to intervene in the litigation. Neither the Parties nor their attorneys make any representations to you regarding what, if any, legal remedies are available to you should you choose to file an Election to be Excluded Form. Should you elect to exclude yourself, you may confirm receipt of your exclusion request via email at info@ZaraBIPAClassAction.com.
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No. The Court has not yet ruled on Plaintiff’s claims. The fact that the Notice is being mailed to you does not mean that the Court has decided whether any of Defendant’s Timekeeping System users are owed any damages, or whether Defendant violated BIPA.
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Unless you elect to be excluded from the lawsuit, you will continue to receive information by email and/or U.S. Mail. If you move after receiving the Notice, you should supply your name and correct address to the Class Action Lawsuit Administrator or attorneys at:
Class Action Lawsuit Administrator | Class Counsel |
Fouts v. Zara USA, Inc. | McGuire Law, P.C. |
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The attorneys for Plaintiff and the class and subclass members are:
McGuire Law, P.C.
Evan M. Meyers
Brendan Duffner
Joseph M. Dunklin
55 W. Wacker Drive, 9th Fl.
Chicago, IL 60601
Telephone: (312) 893-7002
emeyers@mcgpc.com
bduffner@mcgpc.com
jdunklin@mcgpc.com
The attorneys for the Plaintiff may be entitled to receive a payment of attorneys’ fees and costs in this lawsuit from the Defendant if there is a recovery or judgment in Plaintiff’s favor. Whether or not there is a recovery or judgment in Plaintiff’s favor, you will not be responsible for any attorneys’ fees. Any payment of attorneys’ fees by Defendant to Plaintiff’s counsel may be subject to prior Court approval. By remaining in this lawsuit, you designate Plaintiff Nafisa Fouts as your agent to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiff’s counsel concerning attorneys’ fees and costs, and all other matters pertaining to this lawsuit. These decisions and agreements made and entered into by the representative Plaintiff will be binding on you if you do not file an Election to be Excluded Form.
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The pleadings and other records of this litigation may be examined and copied any time during the regular office hours in the office of the Clerk at the following address:
Circuit Court of Cook County
Chancery Division
50 W. Washington Street
Chicago, IL 60602
The English and Spanish Notices are posted on the Important Documents page of this website. Other important case-related documents and case-related updates will be posted on this website as well. Additionally, if you have questions about this case or need help understanding the Notice, you may contact the lawyers representing the Plaintiff who brought this lawsuit. You may reach those lawyers by calling (312) 893-7002 or by sending an email to McGuire Law, P.C., at jdunklin@mcgpc.com.
Please do not call or write the Judge assigned to this matter. The Judge cannot answer questions concerning this lawsuit or the Notice.
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