UPDATE: If you recently received a Notice, you were previously certified as a member of the Settlement Class as part of the original Visual Pak Settlement. On May 29, 2024, the Court granted approval of the Travelers Settlement and has authorized an additional settlement payment to the Settlement Class. The Travelers Settlement represents further settlement proceeds which are being distributed to the certified Settlement Class.

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What is this lawsuit about?

Plaintiffs in the underlying lawsuit alleged that the Defendant Related Parties violated the Illinois Biometric Information Privacy Act by requiring their current and/or former employees and temporary workers to submit their hand or finger scan and by storing, using and/or disclosing such Biometric Data in connection with their timekeeping purposes between February 27, 2013, and April 26, 2021, without first providing the requisite disclosures or obtaining the requisite consent.

In August of 2021, the Circuit Court of Cook County approved a Settlement between Plaintiff Sanchez and Defendant Visual Pak Company. (“Visual Pak Settlement”). Upon Final Approval of the Visual Pak Settlement Agreement, original settlement payments were made to the Settlement Class. Visual Pak also agreed, and the Court entered a Confession of Judgment and an Assignment of all of their rights under its insurance policies with The Charter Oak Fire Insurance Company and Travelers Property Casualty Company of America (“Travelers”) to Luis Sanchez (“Named Plaintiff”). This Settlement is about a second payment from Travelers related to insurance coverage of the judgment entered.

On February 4, 2021, Travelers filed a Complaint for Declaratory Judgment against the Named Plaintiff and the Named Plaintiff filed a Counterclaim against Travelers related to the insurance coverage provided by Travelers to Visual Pak. In March of 2024, Travelers and Named Plaintiff engaged in mediation and a settlement was reached. (“Travelers Settlement”). The Travelers Settlement would resolve Travelers’ insurance liability for the Sanchez v. Visual Pak lawsuit.

Why is there a Settlement?

To resolve this matter without the expense, delay, and uncertainties of litigation, Named Plaintiff and Travelers have reached a Settlement, which resolves all insurance claims against Travelers only. The Travelers Settlement requires Travelers to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and an incentive award to the Class Representative, if approved by the Court. The Settlement is not an admission of wrongdoing or coverage by Travelers and does not imply that there has been, or would be, any finding that Travelers violated the law or owed any coverage for the Sanchez v. Visual Pak lawsuit. Additionally, neither Class Counsel nor Travelers makes any representations concerning the tax consequence of this Settlement and you are advised to seek your own personal tax advice before acting in response to this Notice. The Court has already certified the Settlement Class as part of the Visual Pak Settlement. Because the Travelers settlement affects the rights of members of the class, Plaintiffs’ counsel requested Court approval. On May 29, 2024, the Court approved the Travelers Settlement and authorized the disbursement of additional settlement funds to the Settlement class.