Rogers v. BNSF Railway Company Settlement Website

This is a proposed settlement that would resolve two class action lawsuits brought on behalf of persons who allege that BNSF Railway Company (“Defendant”) required truck drivers to register their fingerprint information using an auto-gate system at BNSF’s Illinois facilities without complying with the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”). The lawsuits are: Rogers v. BNSF Railway Company, No. 19-cv-03083 (N.D. Ill.) and Rogers v. BNSF Railway Company, No. 2019-CH-04393 (Cook Cnty., Ill.).

Cash Payments. Defendant has agreed to create a $75,000,000.00 Settlement Fund to compensate Class Members. If the Court approves the Settlement and you are a Class Member who does 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 Service Awards for the Class Representatives. The exact amount of each Settlement Class Member’s payment is unknown at this time, but the net per Class Member payment is estimated to be approximately $1,000.00. All checks issued to Settlement Class Members will expire and become void 120 days after they are issued.

Your legal rights will be affected whether you act or do not act. You should read the entire Notice carefully.

Your Legal Rights and Options in This Lawsuit

Accept the Settlement (Class Members do not have to do anything to receive payment)	To receive payment from the Settlement Fund, Class Members do not have to do anything. If the Court approves the Settlement, the Settlement Administrator will automatically send a check to Class Members’ last known mailing address. You may check your eligibility as a Class Member by clicking here. In order for Class Members to receive their monetary benefit without automatic tax withholding, Class Members must provide their social security numbers to the Settlement Administrator by July 15, 2024. You may provide your required tax information by clicking here. If Class Members do not provide their tax information they will still receive a settlement payment, but taxes will be withheld from the payment. See FAQ 6 for more details.
Exclude Yourself from the Settlement	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. The deadline to exclude yourself from the Settlement is May 7, 2024. If you exclude yourself, you will give up the right to receive any Settlement Benefits from this Settlement. See FAQ 6 for more details.
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 Circuit Court of Cook County by May 7, 2024. See FAQ 6 for more details.

These rights and options—and the deadlines to exercise them—are explained further in the Notice and on the Frequently Asked Questions page of this website.