Frequently Asked Questions

Basic Information

1. Why was a notice issued?

A notice was issued regarding a proposed settlement in a class action lawsuit, Vega v. Asure Software, Inc., No. 2022-CH-00651, pending in the Circuit Court of Cook County, Illinois before the Honorable Judge Allen P. Walker. The Settlement would resolve a lawsuit brought on behalf of persons who allege that while they worked at a Packers Sanitation Service facility located in Illinois, they used an Asure Software, Inc. (“Defendant”) timeclock which disseminated individual’s biometric information without Asure first obtaining written consent. If you received a notice in the mail, you have been identified as someone who may have used an Asure timeclock while working at a Packers Sanitation Service facility located in Illinois sometime between January 25, 2017, and September 17, 2026. The Court has granted preliminary approval to the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. The Notice explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members.

2. What is this lawsuit about?

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, disseminating and/or using the biometric identifiers and/or information, such as fingerprints, of another individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated BIPA by disseminating biometric information without first obtaining the required consent. Defendant contests these claims and denies that it violated BIPA.

3. Why is this a class action?

A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

4. Why is there a settlement?

To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a settlement, which resolves all claims against Defendant and its affiliated entities. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay settlement Administration Expenses, attorneys’ fees and costs to Class Counsel, and a Service Award to the Class Representative, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law.

The Court has already preliminarily approved the Settlement. Nevertheless, because the Settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given the Notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the Court does not give Final Approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.

5. Who is in the Settlement Class?

You are a member of the Settlement Class if, at any time between January 25, 2017, and September 17, 2026, you used an Asure Software, Inc. timeclock while working at a Packers Sanitation Service location in Illinois. If you are a member of the Settlement Class, then you may submit a claim for payment online here.

6. What does the Settlement provide?

Cash Payments. Defendant has agreed to create a $644,105.00 Settlement Fund for the Class Members, which will be used to pay valid claims, settlement administration expenses, attorneys’ fees, costs and expenses, and a Class Representative Service Award.

All Settlement Class Members are entitled to submit a Claim Form in order to receive a cash payment out of the Settlement Fund.

If the Settlement is approved, each Settlement Class Member who submits a timely Claim Form that is deemed valid will be entitled to an equal payment from the Settlement Fund. The exact amount of each Class Member’s payment is unknown at this time and will depend on the total number of valid Claim Forms submitted.

It is estimated that the net per-person payment will be approximately $950.00-$2,800.00.

The Settlement Administrator will issue payment to each Class Member who submits a valid Claim Form following Final Approval of the Settlement.

The attorneys who brought this lawsuit will ask the Court to award them attorneys’ fees in an amount up to 38% of the Settlement Fund, plus their reasonable costs and expenses, for the substantial time, expense and effort spent investigating the facts, litigating the case and negotiating the Settlement.

The Class Representative also will apply to the Court for a service award payment of up to $5,000.00 for their time, effort, and service in this matter.

7. What are my options?

1. Submit a Claim for a Cash Payment

   To obtain money from the Settlement, you must submit a Claim Form by December 21, 2026. You may submit a claim online here. You may also download a copy of the Claim Form here here and submit it by U.S. Mail to the Settlement Administrator at:

   Vega v. Asure Software, Inc.
   c/o Settlement Administrator
   P.O. Box 25226
   Santa Ana, CA 92799-9958

   If the Settlement is approved and your claim is deemed valid, you will be sent payment based on the payment method you select on your Claim Form. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement, and is the only thing you need to do to receive a payment.

2. Exclude Yourself

   You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense.

   To exclude yourself from the Settlement, you must mail a signed letter to the Settlement Administrator at:

   Vega v. Asure Software, Inc.
   c/o Settlement Administrator
   ATTN: Exclusion Request
   P.O. Box 25226
   Santa Ana, CA 92799-9958

   You may also exclude yourself online here. The deadline to exclude yourself from the Settlement is November 30, 2026.

   The exclusion letter must state that you exclude yourself from this Settlement and must include:

   1. your name, address, telephone number, and email address;

   2. the case name and number of this Litigation: Vega v. Asure Software, Inc., No. 2022-CH-00651, pending in the Circuit Court of Cook County, Illinois

   3. a statement that you wish to be excluded from the Settlement Class; and

   4. your signature.

3. Object to the Settlement

   If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Court of the Circuit Court of Cook County, Illinois, 50 W. Washington, Suite 1001, Chicago, IL 60602-1305. The objection must be postmarked no later than November 30, 2026.

   You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Jordan R. Frysinger of McGuire Law, P.C., 55 West Wacker Drive, 9th Floor, Chicago, IL 60601), as well as Defendant’s counsel (James Argionis and Christopher S. Hennessy of Cozen O'Connor, 123 North Wacker Drive, Suite 1800, Chicago, IL 60606), postmarked no later than November 30, 2026.

   Any objection to the proposed Settlement must include:

   1. your full name, address, telephone number, and email address;

   2. the case name and number of this Litigation;

   3. the date range during which you were employed in Illinois by PSSI and used an Asure timeclock;

   4. all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials;

   5. the identification of any other objections you have filed, or have had filed on your behalf, in any other class action cases in the last four years; and

   6. your signature.

   If you hire an attorney in connection with making an objection, that attorney must also file with the court a notice of appearance by the objection deadline of November 30, 2026. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.

   You may appear at the Final Approval Hearing, which will be held on January 7, 2027, at 11:00 a.m., in Courtroom 2402 of the Circuit Court of Cook County, 50 W. Washington, Chicago, IL 60602-1305, personally or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Participating in the hearing is not necessary; however, persons wishing to be heard orally in opposition to the Final Approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for Service Award to the Class Representative are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing. The hearing date and time, and whether the hearing will be conducted in person, is subject to change by the Court, so please check this website for updates.

4. Do Nothing

   If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against Defendant or other Released Parties regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.

8. What rights am I giving up in this Settlement?

Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Defendant relating to the use of its employees’ biometric data for timekeeping purposes. Giving up your legal claims is called a release. The precise terms of the release are contained in the Settlement Agreement. Unless you formally exclude yourself from this Settlement, you will release your claims whether you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified in Question 11 who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

9. When will I be paid?

The Parties cannot predict exactly when (or whether) the Court will give Final Approval of the Settlement, so please be patient. However, if the Court finally approves the Settlement, you will be paid as soon as possible after the court order becomes final, which should occur within approximately 60 days after the Settlement has been finally approved. If there is an appeal of the Settlement, payment may be delayed. Updated information about the case will be available on this website, or you can call the Settlement Administrator at (866) 605-3083 or contact Class Counsel with the information provided in Question 11.

10. When will the Court rule on the Settlement?

The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement. At the Final Approval Hearing, the Court will also consider whether to make final the certification of the Class for settlement purposes, hear any proper objections and arguments to the Settlement, as well as any requests for an award of attorneys’ fees, costs, and expenses and the Class Representative Service Award that may be sought by Class Counsel.

The Court will hold the Final Approval Hearing on January 7, 2027, at 11:00 a.m., in Courtroom 2402 of the Circuit Court of Cook County, 50 W. Washington, Chicago, IL 60602-1305. The hearing date and time is subject to change by the Court, so please check this website for updates.

If the Settlement is given final approval, the Court will not make any determination as to the merits of the claims against Defendant or its defenses to those claims. Instead, the Settlement’s terms will take effect and the lawsuit will be dismissed on the merits with prejudice. Both sides have agreed to the Settlement in order to achieve an early and certain resolution to the lawsuit, in a manner that provides specific and valuable benefits to the members of the Settlement Class.

If the Court does not approve the Settlement, if it approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become final for some other reason, you will not be paid at this time and Class Members will receive no benefits from the Settlement Fund. Plaintiff, Defendant, and all of the Class Members will be in the same position as they were prior to the execution of the Settlement, and the Settlement will have no legal effect, no class will remain certified (conditionally or otherwise), and Plaintiff and Defendant will continue to litigate the lawsuit. There can be no assurance that if the Settlement is not approved, the Settlement Class will recover more than is provided in the Settlement, or indeed, anything at all.

The Lawyers Representing You

11. Who represents the class?

The Court has approved the following attorneys to represent the Settlement Class They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

Evan M. Meyers
Jordan R. Frysinger
Ethan D. Coniglio
McGuire Law, P.C.
55 W. Wacker Dr., 9th Floor
Chicago, IL 60601
Tel: (312) 893-7002
emeyers@mcgpc.com
jfrysinger@mcgpc.com
econiglio@mcgpc.com

12. Where can I get additional information?

This website and the Notice are only a summary of the proposed Settlement of this lawsuit. More details are contained in the Settlement Agreement which, along with other relevant case documents, can be obtained on the Important Documents page. If you have any questions, you can also call the Settlement Administrator at (866) 605-3083 or contact Class Counsel at the numbers or email addresses set forth in Question 11. In addition to the documents available on this website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk.

Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.