Rogers v. BNSF Railway Company Settlement Website

This settlement resolved two class action lawsuits brought on behalf of persons who alleged 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 created a $75,000,000.00 Settlement Fund to compensate Class Members. If you are a Class Member who did 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.

How to Receive Full Payment from the Settlement

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. 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. If you have moved at any time since 2014, you should confirm your address with the settlement administrator 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 December 13, 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.

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.