Here are answers to frequently asked questions about the settlement. Detailed information about the settlement is contained in the Class Notice and Settlement Agreement.

If you do not find an answer to your question here, please contact us directly.

About The Settlement

What Is this Lawsuit About?

The Lawsuit alleges that Albertsons violated the Illinois Biometric Information Privacy Act (“BIPA”) through the use of the Vocollect order picking technology that Defendant’s employees used at its distribution center in Illinois which allegedly collected, stored, and transferred their biometric data without following the notice and consent requirements of BIPA. Albertsons has denied all liability and wrongdoing. Both sides agreed to the settlement to resolve the case. The Court did not decide whether Albertsons violated the law. You can learn more about the Lawsuit or review the Settlement Agreement by contacting the settlement administrator.

Who Is Included in the Settlement?

The settlement includes all individuals who used the Vocollect order picking technology at the Albertsons distribution center located at 1966 N 19th Ave, Melrose Park, IL 60160 between March 1, 2018 and October 17, 2022, who are not members of a labor union, and who do not timely exclude themselves from the Settlement.

What does the Settlement Provide?

Defendant has agreed to create a fund totaling $1,076,075 from which all payments and benefits contemplated by the settlement will be funded, including: (a) a service award to Plaintiff Bryan Goree in an amount up to $7,500; (b) reasonable attorneys’ fees to counsel for Plaintiff and the settlement class not to exceed one third of the settlement fund plus reimbursement of reasonable costs; (c) costs incurred by or on behalf of the settlement administrator in administering the settlement; (d) an equal share of the remaining settlement fund to each settlement class member. The settlement cash payment amount for each class member is estimated to be approximately $670.00 but the exact amount is not yet known and could be more or less.

What Will You Give Up If You Participate in the Settlement?

Unless you exclude yourself from the settlement as explained below, you will release Albertsons and other parties from Released Claims as defined in the Settlement Agreement.

What Are Your Options?

(1) If you want to participate in the settlement and receive a settlement payment, do nothing. A check will be mailed to you if the Court grants final approval of the settlement, and all conditions for issuance of payment are satisfied.

(2) If you do not want to receive a payment or be legally bound by the settlement, you must exclude yourself by October 27, 2023. To be valid, any request for exclusion must: (a) be in writing; (b) identify the case name and number; (c) state your full name and current address; (d) be physically signed by you; and (e) be postmarked or received by the Settlement Administrator on or before the Objection/Opt-Out Deadline. Each request for exclusion must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in Goree v. New Albertsons L.P., 2022-CV-10738.” If you exclude yourself, you will not receive money from this settlement.

(3) You may object to the settlement by October 27, 2023 if you have not already excluded yourself from the settlement. To do so, you must present the following information in a statement signed by you: (a) your full name and current address; (b) a statement that you believe yourself to be a member of the Settlement Class; (c) the specific grounds for the objection, including all citations to legal authority and evidence supporting the objection; (d) all documents or writings that you desire the Court to consider; (e) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection; and (f) a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through counsel, who must file an appearance or seek pro hac vice admission). All written objections must be filed with the Court and be postmarked, e-mailed or delivered to Class Counsel and Defendant’s Counsel no later than the Objection/Opt-Out Deadline.

Class Counsel
David Fish
Mara Baltabols
Fish Potter Bolaños, P.C.
111 East Wacker Dr. Suite 2300
Chicago, IL 60601
admin@fishlawfirm.com

Defendant’s Counsel
William Farley
Rachel Agius
Holland & Knight LLP
150 North Riverside Plaza Suite 2700
Chicago, Illinois 60606
William.Farley@hklaw.com
Rachel.Agius@hklaw.com

Who Are My Lawyers?

The Court has appointed the following attorneys to represent the Settlement Class. You will not be separately charged for these lawyers because they will be paid from the Settlement Fund. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

David Fish / Mara Baltabols
Fish Potter Bolaños, P.C.
111 East Wacker Dr. Suite 2300
Chicago, IL 60601
www.fishlawfirm.com

Who Is the Settlement Administrator and How do I update my Contact Information?

The Settlement Administrator is identified below. You must notify the Settlement Administrator (contact information below) of any changes in your mailing address so that your settlement payment will be sent to the correct address.

Goree v New Albertsons L.P.
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317 -2002
Email: info@IllinoisBIPAClassActionSettlement.com

When is the Final Approval Hearing?

The Court will hold a hearing in this case on November 15, 2023 at 9:15 a.m. in Courtroom 1386 of the Everette McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604 to consider, among other things: (1) whether to grant final approval of the settlement; (2) a request by the lawyers representing class members for an award of one-third of the Settlement Fund as attorneys’ fees plus costs; (3) a request for an incentive award for the Class Representative from the Settlement Fund in recognition of his work in recovering money for the Settlement Class; and (4) a request for costs to the Settlement Administrator from the Settlement Fund for its work administering the settlement. You may appear at the hearing, but you are not required to do so.

If you have any questions or for more information, or to update your mailing address, contact the Settlement Administrator or Class Counsel at:

Settlement Administrator
Goree v New Albertsons L.P.
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
Email: info@IllinoisBIPAClassActionSettlement.com

Class Counsel
David Fish
Mara Baltabols
Fish Potter Bolaños, P.C.
111 East Wacker Dr. Suite 2300
Chicago, IL 60601