All closed settlements

Closed

PMall Finger Vein Scan Settlement

The claim window closed on June 13, 2022. The court granted final approval on July 20, 2022, and equal-share payments were issued afterward.

Case record

Case
Williams, et al. v. Personalizationmall.com, LLC
Case no.
1:20-cv-00025
Court
U.S. District Court for the Northern District of Illinois, Chicago
Defendant
Personalizationmall.com, LLC
Administrator
Analytics Consulting
Settlement fund
$4.5 million

The case

What this settlement was about

Warehouse employees of Personalization Mall ("PMall"), the personalized-gifts retailer, alleged that the company violated the Illinois Biometric Information Privacy Act (BIPA) by requiring workers to clock in and out with a finger vein-scanning timekeeping device, without first providing the written disclosures, obtaining the written consent, or publishing the data retention policy that BIPA requires.

PMall's core defense was that its device scanned finger vein patterns, not fingerprints, and therefore did not collect a biometric identifier covered by the statute. The parties settled for $4.5 million before the court resolved that question.

The class covered about 20,393 finger-scan registrations between May 2016 and April 2020, and each valid claimant received an equal share of the net fund, a classic per-employee BIPA payout. The release also covered Bed Bath & Beyond, PMall's former owner, and 1-800-Flowers.com, which bought PMall in August 2020 for $245 million.

The class

Who was covered

All individuals who registered to use the finger vein-based timekeeping system deployed by PMall in Illinois at any time during the system's deployment, from May 2016 through April 2020, approximately 20,393 registrations.

  • What class members could receiveAn equal share of the net fund among all valid claimants. Official examples: about $1,428 each at a 10% claims rate, about $285 each at 50%; class counsel estimated $569 to $952 per person at typical claims rates.
  • Proof requirementMost class members could file without proof of purchase.
  • Claim deadlinePassed on Jun 13, 2022. New claims are no longer accepted.

Docket timeline

How the settlement unfolded

  1. May 2016 – April 2020
    Finger scan system in use

    PMall warehouse workers clocked in and out with a finger vein-scanning timekeeping device.

  2. November 2019
    Class action filed

    Filed in the Circuit Court of Cook County and removed to federal court in January 2020.

  3. June 13, 2022
    Claim deadline

    Claims, exclusions, and objections were all due the same day; only a signed claim form was needed.

  4. July 20, 2022
    Final approval

    The settlement was approved at the final approval hearing.

  5. 2022
    Payments issued

    Equal-share payments went out to valid claimants after final approval.

Questions people still ask

Frequently asked questions

Can I still file a PMall settlement claim?

No. Claims were due June 13, 2022, and the settlement received final approval on July 20, 2022. The claims process is closed.

How much did the PMall settlement pay?

Every valid claimant received an equal share of the $4.5 million net fund. Class counsel estimated payments of roughly $569 to $952 per person at typical claims rates; the exact amount depended on how many of the ~20,393 class members filed.

What is BIPA and why did it apply?

The Illinois Biometric Information Privacy Act requires companies to provide written disclosures, obtain written consent, and publish a retention policy before collecting biometric identifiers. The lawsuit alleged PMall's finger vein time clocks collected biometric data from workers without any of those steps.

Did PMall admit its scanners collected biometric data?

No. PMall argued its devices scanned finger vein patterns rather than fingerprints and so fell outside BIPA. The case settled before the court decided that question.

Why were Bed Bath & Beyond and 1-800-Flowers involved?

The settlement's release covered Bed Bath & Beyond, which formerly owned PMall, and 1-800-Flowers.com, which acquired PMall in August 2020, both were protected from related BIPA claims by class members.

Sources for this record

Official site pmallfingerveinscansettlement.com has been retired. Record preserved by TapClaim.