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Herman v. Missouri Fiesta, Inc.

Herman v. Missouri Fiesta, Inc.
Case No. 2024CH000020, Circuit Court of Sangamon County, Illinois

Download a Claim Form

A state court in Sangamon County preliminarily approved a class action settlement (“Settlement”) in the lawsuit captioned Herman v. Missouri Fiesta, Inc. et al., Case No. 2024CH000020 (Circuit Court of Sangamon Count) (the “Lawsuit”).

This Lawsuit alleges that Missouri Fiesta, Inc. and W&M Restaurants, Inc. (collectively, “MFI”) violated the Illinois Biometric Information Privacy Act (“BIPA”). Among other things, BIPA prohibits private companies from capturing, collecting, or otherwise obtaining an individual’s biometric identifier or biometric information, including a fingerprint or identifying information based on a fingerprint or handprint, without first providing an individual with certain written disclosures and obtaining written consent, and requires companies to issue a written biometric policy governing when they will delete any biometric identifiers collected, among other things. The Lawsuit alleges that MFI violated BIPA by collecting finger scan data from their employees who may have used the Par Tech Inc.’s Point-of-Sale System (“POS System”) in Illinois without first providing written notice and obtaining written consent, or issuing a written biometric policy. MFI denies and continues to deny each and every allegation and all charges of wrongdoing or liability of any kind whatsoever.

You can learn more about the Lawsuit by contacting the Claims Administrator or by reading the Notice.

What Are My Options?

Submit a Claim Form

— Deadline: October 4, 2025

If you are a Settlement Class Member and want to receive a Settlement Payment, you must return a valid claim form by October 4, 2025. This is the only way to receive payment.

Exclude Yourself

— Deadline: October 4, 2025

If you are a Settlement Class Member and do not want to be legally bound by the Settlement, you must exclude yourself from the Settlement in writing by a request to the Claims Administrator so that it is postmarked on or before October 4, 2025. If you do this, you will NOT get a Settlement Payment. For details on how to exclude yourself, please review the Notice.

Object

— Deadline: October 4, 2025

If you are a Settlement Class Member, you may object to the Settlement, the Fee Petition or the Incentive Award. For details on how to object, please review the Notice.

Attend Hearing

— Scheduled: October 3, 2025 at 10:00 a.m.

The Court will hold a hearing in this case to consider, among other things, (1) whether to finally approve the Settlement as fair, reasonable and adequate; (2) whether to approve the Fee Petition as fair and reasonable; and (3) whether to approve an Incentive Fee to the Class Representative of $2,500 as reasonable; and (4) a request for Settlement Administrator’s Costs. You may appear at the Final Approval Hearing, but you are not required to do so.

Do Nothing

If you choose to do nothing, you will still be included in the Settlement Class, but you will not receive any benefits or payments. In order to participate and receive a payment you must complete a Settlement Claim Form and file it with the Claims Administrator as per the instructions on the Claim Form.