Frequently Asked Questions

FAQ 1 - Why is there a Notice?

A court authorized Notice because you have a right to know about a proposed Settlement of a class action lawsuit known as Newhalfen v. Upstaging, Inc., Case No. 2023 LA 000077 and about all of your options before the Court decides whether to give Final Approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

FAQ 2 - What is this litigation about?

The lawsuit alleges that Upstaging violated the Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (“BIPA”) by collecting, storing, using, and disseminating Plaintiff’s and the Class’s biometrics without the proper consent and written disclosures required by the statute.

Upstaging denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted in the Case Documents section of this website. The Settlement resolves the lawsuit. The Court has not decided who is right.

FAQ 3 - What is the Biometric Information Privacy Act?

The Biometric Information Privacy Act is an Illinois law that restricts certain conduct when collecting biometric information.

FAQ 4 - Why is this a class action?

In a class action, one person called the “Class Representative” (in this case, Plaintiff Jason Newhalfen) sues on behalf of himself and other people with similar claims.

All of the people who have claims similar to the Plaintiff are Settlement Class Members, except for those who exclude themselves from the class.

FAQ 5 - Why is there a settlement?

The Court has not found in favor of either Plaintiff or Upstaging. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Members will receive the benefits described in this Notice. Upstaging denies all legal claims in this case. Plaintiff and Plaintiff’s lawyers think the proposed Settlement is best for everyone who is affected.

FAQ 6 - Who is included in the Settlement?

The Settlement is defined as:

All individuals who work or worked for Defendant in the State of Illinois and who used a hand scan timekeeping system that captured, collected, stored, disseminated, disclosed and/or otherwise used any alleged biometric identifier or biometric information in connection with their employment (whether as an employee, temporary employee, or independent contractor) without first providing a written consent with Defendant from October 1, 2018 to October 17, 2023.

Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.”

Excluded from the Settlement Class are: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); any Settlement Class Member who has timely opted out of this proceeding; and (6) Plaintiff’s Counsel, their employees, and their immediate family.

FAQ 7 - What if I am not sure whether I am included in the Settlement?

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, call the toll-free number, 1-877-272-1267. You also may send questions to the Settlement Administrator at Newhalfen v. Upstaging, Inc., c/o Settlement Administrator P.O. Box 25226, Santa Ana, CA 92799.

FAQ 8 - What does the Settlement provide?

To fully settle and release claims of the Settlement Class Members, Upstaging has agreed to make payments to the Settlement Class Members and pay for notice and administration costs of the Settlement (the “Settlement Fund”). Defendant will pay $500,000.00 (the “Settlement Fund”). Each Settlement Class Member who does not opt out of this Agreement shall be sent a Claim Settlement Check by the Administrator on a pro rata basis not to exceed $1,689.19. Settlement Class Members who do not opt out of the Settlement will be sent their Claim Settlement Payments within 60 days following the Effective Date.

FAQ 9 - What do I need to do to receive payment under the settlement?

If you are a Settlement Class Member, you do not need to do anything to receive payment under the Settlement. Unless you opt out of the Settlement, the Administrator will mail you a settlement check if the Court grants Final Approval to the Settlement.

FAQ 10 - When will I receive my payment?

Payments to Settlement Class Members will be made only after the Court grants Final Approval to the Settlement and after any appeals are resolved (see “Final Approval Hearing” below). If there are appeals, resolving them can take time. Please be patient.

FAQ 11 - How do I get out of the Settlement?

To exclude yourself from the Settlement, you must send a timely letter by mail to:

Your request to be excluded from the Settlement must be personally signed by you and contain a statement that indicates your desire to be excluded, such as “I hereby request that I be excluded from the proposed Settlement Class.” You must also identify the case name, and provide your name, address and telephone number so that you can be identified as a Class Member.

Your exclusion request must be postmarked no later than February 22, 2024. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.

You may opt out of the Settlement Class only for yourself.

FAQ 12 - If I do not exclude myself, can I sue Upstaging, Inc. for the same thing later?

No. Unless you exclude yourself, you give up the right to sue for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

If you do exclude yourself, you are not guaranteed any money.

FAQ 13 - What am I giving up to stay in the Settlement Class?

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit related to actual or alleged violations of the Illinois Biometric Privacy Act that may have arisen while you were employed at Upstaging, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you.

The Settlement Agreement is available in the Case Documents section of this website. The Settlement Agreement provides more detail regarding the Releases and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in Question 15 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

FAQ 14 - If I exclude myself, can I still get a payment?

No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.

FAQ 15 - Do I have a lawyer in the case?

The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

FAQ 16 - How will the lawyers be paid?

Class Counsel intend to request up to $175,000.00 for attorneys’ fees and actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid from the Settlement Fund. The Court will decide the amount of fees and expenses to award. Class Counsel will also request that a Service Award of $5,000.00 be paid from the Settlement Fund to the Class Representative for Plaintiff’s service as representative on behalf of the whole Settlement Class.

FAQ 17 - How do I tell the Court if I do not like the Settlement?

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter to the Court, postmarked no later than 20 days before the Final Approval Hearing, that includes the following:

a. the name of the Action;

b. the objector’s full name, address, and telephone number;

c. an explanation of the basis upon which the objector claims to be a Settlement Class Member;

d. all grounds for the objection, accompanied by any legal support for the objection known to the objector or his counsel;

e. the number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such an objection, and a copy of any orders related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case;

f. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or Fee Application;

g. a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections made by individuals or organizations represented by the counsels or the counsels law firm that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five years;

h. any and all agreements that relate to the objection or the process of objecting— whether written or oral—between objector or objector’s counsel and any other person or entity;

i. the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing;

j. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing;

k. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and

l. the objector’s signature (an attorney’s signature is not sufficient).

FAQ 18 - What is the difference between objecting and asking to be excluded?

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and expenses (“Final Approval Hearing”).

FAQ 19 - When and where will the Court decide whether to approve the Settlement?

The Court has scheduled a Final Approval Hearing on March 20, 2024 at 9:00 a.m. at the DeKalb County Courthouse. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

FAQ 20 - Do I have to attend the hearing?

No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

FAQ 21 - May I speak at the hearing?

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, your timely filed objection must include a statement of whether you intend to appear at the Final Approval Hearing (see Question 17 above).

You cannot speak at the hearing if you exclude yourself from the Settlement.

FAQ 22 - What happens if I do nothing at all?

If you are a Settlement Class member and do nothing, you will be subject to the Settlement and receive payment from the Settlement Fund.

FAQ 23 - How do I get more information?

The Notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement here. You also may write with questions to the Settlement Administrator at Newhalfen v. Upstaging, Inc., c/o Settlement Administrator P.O. Box 25226, Santa Ana, CA 92799 or call the toll-free number, 1-877-272-1267.