This Lawsuit is about whether Topgolf violated the Illinois Biometric Information Privacy Act (“BIPA”). BIPA prohibits private companies from capturing, obtaining, storing, transferring, and/or using an individual’s biometric identifiers and/or biometric information, including a fingerprint or identifying information based on a fingerprint, without first providing an individual with certain written disclosures and obtaining written consent. The Lawsuit alleges that Topgolf violated BIPA by collecting fingerprint data from its employees in Illinois through its biometric timekeeping system without first providing written notice or obtaining written consent. The Lawsuit also alleges that Topgolf did not timely destroy fingerprint data for employees after they stopped working for Topgolf. Topgolf denies the allegations in the Lawsuit, denies that it did anything wrong, and denies that class certification is warranted or appropriate. Topgolf has asserted at all relevant times that its actions complied with BIPA and any other applicable law. The Court did not resolve any claims or defenses, and both sides have agreed to settle the dispute solely to avoid the cost and uncertainty of continued litigation.

In a class action, one or more people called class representatives (in this case, Thomas Burlinski and Matthew Miller) sue on behalf of a group or a “class” of people who have similar claims.  In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.

The settlement includes all Illinois employees who used a biometric fingerprint or finger scanner at Topgolf venues in Illinois between March 4, 2014 and June 22, 2021, without first signing a biometric consent form, and do not timely exclude themselves from the settlement. (“Settlement Class” or “Settlement Class Members”).

The class action settlement provides for a total payment of $2,633,400 that Topgolf has agreed to pay to settle the claims of Settlement Class Members. Subject to Court approval, the gross settlement fund shall be reduced by the following: (1) an award of up to one third of the total settlement for Settlement Class Counsel’s attorney fees (estimated to be $877,799.00) and litigation costs (not to exceed $37,500); (2) Service Awards of $7,500 each to the Settlement Class Representatives; and (3) the Settlement Administrator’s costs of up to $30,000. Following these reductions, the remaining amount shall be the net settlement fund which shall be distributed equally to Settlement Class Members. The Parties estimate you will receive a payment in the approximate amount of approximately $630. Unless you exclude yourself from the settlement as explained below, you will give up any and all Biometric Information Privacy Act claims against Topgolf, their employees, and their related entities, including all other related federal, state, and local law claims, including under the common law, as well as related claims for liquidated damages, penalties, attorneys’ fees and costs, expenses, and interest. The full release of claims is set forth in the Settlement Agreement, which you can review at the settlement website.

The Settlement Administrator mailed checks to Class Members on December 6, 2021. The checks should be cashed or deposited by May 5, 2022.

If you need to update your address, you must email the Settlement Administrator at info@TGFingerScanSettlement.com providing your name, old address and new address.  You can also write to:

Topgolf Finger Scan Settlement
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002

More details are in a Settlement Agreement.  You can get a copy of the Settlement Agreement here.

You can contact the lawyers representing settlement class members:

Douglas M. Werman
Zachary C. Flowerree
Werman Salas P.C.
77 West Washington Street, Ste. 1402
Chicago, IL 60602
(312) 419-1008
TopgolfSettlement@flsalaw.com

David Fish
Mara Baltabols
The Fish Law Firm, P.C.
200 East Fifth Ave. Suite 123
Naperville, IL 60563
(630) 355-7590
admin@fishlawfirm.com

You can also write with questions to the Settlement Administrator at info@TGFIngerScanSettlement.com or

Topgolf Finger Scan Settlement
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002