1. Why did I get the Notice?
2. What is this lawsuit about?
3. How will this lawsuit affect me?
4. How do I join the class action claims for alleged BIPA violations?
5. What should I do if I want to be excluded from the class action claims?
6. Has the Court ruled on the Plaintiff’s claims?
7. If I wish to remain in the lawsuit, how will I continue to receive further Notices?
8. Who are the attorneys representing the Plaintiff and Class and how will they be paid?
9. How can I obtain more information about this lawsuit?
The Notice is being sent to you because a court recently certified a class action in a lawsuit pending against Paycor and you may be a Class Member. The Notice is being sent to tell you about the lawsuit and how it may affect you. The Notice also explains what to do if you want to exclude yourself from the lawsuit, and how being a Class Member could affect your legal rights and obligations.
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Named Plaintiff Juan Barron (“Plaintiff”) has a class action lawsuit pending against Paycor under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/et seq., alleging that Paycor captured, collected, received, or otherwise obtained your fingerprints or other biometric data when you used a Perform Time timekeeping system while working in Illinois, but did so without first providing you with legally-required written disclosures and obtaining your informed written consent. Under BIPA, Plaintiff can seek statutory damages of $1,000.00 per negligent violation, or $5,000.00 per intentional violation. Paycor asserts numerous defenses and denies all of the allegations that it is liable for violating BIPA.
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The Court has given Plaintiff permission to represent the following class of workers:
All individuals working in the State of Illinois who had their fingerprints or other biometric data collected, captured, received, or otherwise obtained or disclosed by Defendant’s Perform Time biometric timekeeping system at any time since January 29, 2015.
If Plaintiff wins the lawsuit, the Class may share in damages awarded to Plaintiff and other Class Members. If the lawsuit is not successful, participants who are in the Class may be prevented in the future from bringing their own lawsuit against Defendant. Thus, if you remain a member of the above-referenced Class, you will be bound by the judgment whether favorable or unfavorable to Plaintiff.
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You do not have to do anything to join this case. You are automatically included in the class action, which is why you received the Notice. If you want to remain included in the class action, you do not need to do anything. By doing nothing, you will continue to be part of the class action claims and you will receive additional information regarding the case as it goes on. If you prefer, you may enter an appearance through your own attorney, at your own cost.
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If you want to be excluded from this class action, you must return the Election to be Excluded Form to the Notice Administrator. The form was included in the Notice and is available for download here and it must be mailed no later than June 1, 2026, to the following address:
Paycor BIPA Class Action
Simpluris, Inc.
PO Box 25226
Santa Ana, CA 92799
If you elect to exclude yourself from the class action you will not be entitled to participate in any financial recovery, if any recovery occurs in the class action nor will you be bound by any judgment in the class action. If you exclude yourself from the class action, you may pursue other legal remedies apart from the class action that may be available to you, or you may seek to intervene in the litigation. Neither the Parties nor their attorneys make any representations to you regarding what, if any, legal remedies are available to you should you choose to file an Election to be Excluded Form.
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No. The Court has not yet ruled on Plaintiff’s claims. The fact that the Notice was mailed to you does not mean that the Court has decided whether any of Defendant’s Perform Time users are owed any damages, or whether Defendant violated BIPA.
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Unless you elect to be excluded from the Class, you will continue to receive information by email and U.S. Mail. If you move after receiving the Notice, you should supply your name and correct address to the Notice Administrator or attorneys listed in FAQ 8.
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The attorneys for Plaintiff and the Class are:
Stephan Zouras, LLC | Peiffer Wolf Carr |
The attorneys for Plaintiff may be entitled to receive a payment of attorneys’ fees and costs in this lawsuit from the Defendant if there is a recovery or judgment in Plaintiff’s favor. Whether or not there is a recovery or judgment in Plaintiff’s favor, you will not be responsible for any attorneys’ fees. Any payment of attorneys’ fees by Defendant to Plaintiff’s counsel may be subject to prior Court approval. By remaining in this lawsuit, you designate Plaintiff Juan Barron as your agent to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiff’s counsel concerning attorneys’ fees and costs, and all other matters pertaining to this lawsuit. These decisions and agreements made and entered into by the representative Plaintiff will be binding on you if you do not file an Election to be Excluded Form.
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The pleadings and other records of this litigation may be examined and copied any time during the regular office hours in the office of the Clerk at the following address:
United States District Court for the Southern District of Illinois
750 Missouri Ave.
East St. Louis, IL 62201
A copy of the Notice (in English and Spanish) is posted on the Important Documents page here. Other important case-related documents and case-related updates will be posted on this website as well. Additionally, if you have questions about this case or need help understanding the Notice, you may contact the lawyers representing Plaintiff who brought this lawsuit. You may reach those lawyers by calling (312) 233-1550 or by sending an email to Stephan Zouras, LLC at lawyers@stephanzouras.com.
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