The court authorized notice of a proposed settlement in a class action lawsuit, Wordlaw v. Enterprise Leasing Company of Chicago, LLC, et al., Case No. 20-cv-03200, pending in the U.S. District Court for the Northern District of Illinois before the Honorable Manish S. Shah. The Settlement would resolve a lawsuit brought on behalf of persons who allege that Enterprise Leasing Company of Chicago, LLC, and Enterprise Holdings Inc. (“Defendants”) scanned Enterprise workers’ fingers for timekeeping purposes without complying with the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”). If you received notice, you have been identified as someone who may have scanned their finger for timekeeping purposes while working for Enterprise Leasing Company of Chicago, LLC or Enterprise Rent-A-Car Company Midwest, LLC in Illinois. The Court has granted preliminary approval of the Settlement and has preliminarily certified the Settlement Class for purposes of settlement only. This website explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so that you can better understand your legal rights.

BIPA prohibits private entities from capturing, obtaining, storing, and/or transferring biometric identifiers and/or biometric information, as defined by the statute, of an individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendants violated BIPA by allegedly collecting their workers’ biometric identifiers when they scanned their finger for timekeeping purposes without first providing the required disclosures or obtaining the required consent. Defendants contest these claims and deny that they violated BIPA.

You are a member of the Settlement Class if you scanned your finger for timekeeping purposes while working for Enterprise Leasing Company of Chicago, LLC or Enterprise Rent-A-Car Company – Midwest, LLC within the state of Illinois at any time between April 3, 2015 and January 3, 2023, and if you did not first execute a written release of claims prior to January 3, 2023, and if you were not represented by a union during your employment.

If you did execute a written release of claims against Enterprise prior to January 3, 2023, or if you were represented by a union while working for Enterprise Leasing Company of Chicago, LLC or Enterprise Rent-A-Car Company – Midwest, LLC, you are not a member of the Settlement Class, you are not eligible for compensation under the Settlement, and your rights are not affected by the Settlement.

Cash Payments.
Defendants have agreed to create a $504,968.75 Settlement Fund. If the Court approves the Settlement, and you do not exclude yourself from the Settlement Class, you will automatically receive an equal share of the Settlement Fund after deductions for the Settlement Administrator’s expenses, attorneys’ fees, costs and expenses for Class Counsel, and a Service Award for the Class Representative. The exact amount of each Class Member’s payment is unknown at this time, but the per-person payment is estimated to be approximately $400-500. The attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees in an amount up to 33% of the Settlement Fund, plus their reasonable costs and expenses, for the substantial time, expense and effort spent investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $12,500.00 for her time, effort, and service in this matter.

Non-Monetary Relief.
Without admitting any liability or wrongdoing, Defendants represent that Enterprise Leasing Company of Chicago, LLC will revise its existing biometric consent policy to contain language identifying Enterprise Holdings, Inc., and its relevant timekeeping vendors.

(1) Accept the Settlement. To accept the Settlement and receive payment from the Settlement Fund, you do not have to do anything. If the Court approves the Settlement, the Settlement Administrator will automatically send a check to your last known mailing address.

(2) Exclude yourself. You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense. To exclude yourself from the Settlement, you must mail a signed letter to the Settlement Administrator at Wordlaw v Enterprise Leasing P.O. Box 2002, Chanhassen, MN 55317-2002, postmarked by April 10, 2023. The exclusion letter must state that you exclude yourself from this Settlement and must include the name and case number of this Litigation, as well as your full name, address, telephone number, and email address, and a statement that you wish to be excluded from the Settlement Agreement.

(3) Object to the Settlement. If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Court of the U.S. District Court for the Northern District of Illinois, 219 S. Dearborn Street, Chicago, IL. The objection must be postmarked no later than April 10, 2023. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Brendan Duffner of McGuire Law, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Illinois 60601), as well as Defendants’ Counsel (Danielle M. Kays of Seyfarth Shaw LLP, 233 S. Wacker Drive, Suite 8000, Chicago, IL 60606; and Ryan C. Stewart of Gibson, Dunn & Crutcher LLP, 1050 Connecticut Avenue NW, Washington D.C. 20036), postmarked no later than April 10, 2023. Any objection to the proposed Settlement must include your (i) full name, address, telephone number, and email address; (ii) the case name and number of this Litigation; (iii) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (iv) the identification of any other objections you have filed, or have had filed on your behalf, in any other class action cases in the last four years; and (v) your signature. If you hire an attorney in connection with making an objection, that attorney must also file with the court a notice of appearance by the objection deadline of April 10, 2023. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.

You may appear at the Final Approval Hearing, which will be held on May 4, 2023, at 10:00 a.m. in Courtroom 1919 of the U.S. District Court for the Northern District of Illinois, 219 S. Dearborn Street, Chicago, Illinois 60604, in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Participating in the hearing is not necessary; however, persons wishing to be heard orally in opposition to the Final Approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for a Service Award to the Class Representative are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing. The hearing date and time, and whether the hearing will be conducted remotely, is subject to change by the Court, so please check this Settlement Website for updates.

The Parties cannot predict exactly when (or whether) the Court will give Final Approval to the Settlement, so please be patient. However, if the Court finally approves the Settlement, you will be paid as soon as possible after the court order becomes final, which should occur within approximately 60 days after the Settlement has been finally approved. If there is an appeal of the Settlement, payment may be delayed. Updated information about the case is available on this website, or you can call the Settlement Administrator at 844-791-7949, or contact Class Counsel at the address provided here.

The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement. At the Final Approval Hearing, the Court will also consider whether to make final the certification of the Class for settlement purposes, hear any proper objections and arguments to the Settlement, as well as any requests for an award of attorneys’ fees, costs, and expenses and a Class Representative Service Award that may be sought by Class Counsel. The Court will hold the Final Approval Hearing on May 4, 2023, at 10:00 a.m.

The hearing date and time, and whether the hearing will be conducted remotely, is subject to change by the Court, so please check this Settlement Website for updates.

The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense:

Myles McGuire, mmcguire@mcgpc.com
Evan M. Meyers, emeyers@mcgpc.com
Timothy P. Kingsbury, tkingsbury@mcgpc.com
Brendan Duffner, bduffner@mcgpc.com
MCGUIRE LAW, P.C
55 W. Wacker Dr., 9th Floor
Chicago, IL 60601
Tel: 312-893-7002

This is only a summary of the proposed Settlement of this lawsuit. More details are contained in the Settlement Agreement which, along with other documents, can be obtained here.

If you have any questions, you can also call the Settlement Administrator at 844-791-7949 or contact Class Counsel at the numbers or email addresses set forth above. In addition to the documents available on the case website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk.

Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.