Frequently Asked Questions


1. What is the notice and why should I read it?

The Court authorized this notice to let you know about a proposed Settlement with Wendy’s. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.

Judge Anna M. Loftus of the Circuit Court of Cook County, Illinois is overseeing this class action. The case is called Martinique Owens and Amelia Garcia, et al. v. Wendy’s International, LLC, Case No. 18-CH-11423. The individuals who filed the lawsuit, Martinique Owens and Amelia Garcia, are the Plaintiffs. The company they sued, Wendy’s International, LLC, is the Defendant.

2. What is a class action and who is involved?

A class action is a lawsuit in which an individual or individuals called “Class Representatives” bring a single lawsuit on behalf of themselves and other people who have similar legal claims. All of these people together are a “class” or “class members.” A class action settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who ask to be excluded.


3. What is this lawsuit about?

The Illinois Biometric Information Privacy Act (“BIPA” or “Privacy Act”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, and/or using the biometric identifiers and/or biometric information of another individual for any purpose, without first providing notice and getting consent in writing. Biometrics are things like your fingerprint, faceprint, or a scan of your iris. This lawsuit alleges that Wendy’s violated BIPA by collecting Illinois employees’ biometric data when they scanned their fingers on a Point of Sale (“POS”) system at Wendy’s corporate-operated restaurants in Illinois without first giving notice or getting consent. Wendy’s denies these allegations and denies that it violated BIPA. The Settlement does not establish who is right or wrong.

More information about Plaintiff’s complaint in the lawsuit and the Defendant’s defenses can be found in the Case Documents section of this website.


4. Who is included in the Settlement Class?

The Court decided that this Settlement includes all individuals who worked or are currently working for Wendy’s International, LLC in the State of Illinois who scanned their finger at a Wendy’s corporate-operated restaurant in Illinois between September 11, 2013 and November 29, 2023. Some exceptions to participating apply. For example, individuals who signed a consent form related to the collection and use of biometric data prior to their first use of Wendy’s finger-scanning POS system are not included.

5. Who is not included in the Settlement Class?

Excluded from the Settlement Class are: (1) persons for whom Defendant’s records reflect an executed consent form related to biometrics prior to the first use of Defendant’s POS system, (2) any Judge or Magistrate presiding over this action and members of their families, (3) Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest, (4) persons who properly execute and submit a timely request for exclusion from the Settlement Class, (5) the legal representatives, successors or assigns of any such excluded persons; and (6) Defendant’s employees who executed a general release of all claims against the Released Parties in prior settlement agreements.

6. How do I know if I am in the Settlement Class?

If you are a current or former employee of a corporate-operated Wendy’s in Illinois who scanned your finger at a Wendy’s corporate operated restaurant in Illinois between September 11, 2013 and November 29, 2023, and are not subject to any of the exclusions above, then you are a member of the Settlement Class and are entitled to payment. If you received a notice of the Settlement in the mail addressed to your name, our records indicate that you are a class member and are included in the Settlement. You may call or email the Settlement Administrator at (866) 610-9104 or to ask whether you are a member of the Settlement Class.


7. What does the Settlement provide?

Payments to Class Members: If the Court approves the Settlement, Wendy’s has agreed to create a Settlement Fund of $18,207,090.00. Class Counsel expect that each class member will receive a settlement payment of approximately $575 after all fees and costs are deducted. Your Class Member payment will be classified as non-wage income and will be reported on a Form 1099, if required by law.

Agreement on Future Conduct: Without admitting any liability or that it was required by law to do so, Wendy’s acknowledges that as a direct result of this Action, it has ceased use of its finger-scanning technology in Illinois. Further without admitting liability, or agreeing that the Privacy Act requires the following steps, and further expressly maintaining its position that the Privacy Act does not cover finger-scanning technology as it was used by Wendy’s, Wendy’s agrees that if it decides in the future to use finger-scanning technology in Illinois, Wendy’s shall obtain informed written consent prior to collecting finger-scan data, create a publicly-available retention schedule, and destroy finger-scan data consistent with its retention schedule. If any of the informed-consent, retention schedule, or destruction requirements in the Privacy Act (or their application to finger-scanning technology) are altered, amended, or withdrawn either by legislative, regulatory, or judicial action, Wendy’s obligations shall be automatically so amended.


8. How do I get a payment?

If you are a Class Member and do nothing, you will receive a check in the mail automatically at your last known address. Or you can select to receive your payment electronically, via Venmo or Zelle (instead of a check), here. You can also request to update your address here. For security reasons, you will need to enter the last four digits of your Social Security Number and your unique “Class Member ID” to login to update your address or select an electronic payment method. Your Class Member ID is located on the notice you may have received in the mail. If you cannot locate your Class Member ID, email the Settlement Administrator at

Some Class Members need to log in here using their Class Member ID and submit a Form W9 in order to avoid backup tax withholding of their payments under this Settlement. The deadline to submit a Form W9 on the Settlement Website is May 12, 2024.

If, after logging in to submit a Form W9, the Settlement Website indicates you don’t need to submit a Form W9, you don’t need to do anything further and you will receive your full payment without backup tax withholding.

9. When will I get my payment?

The hearing to consider the fairness of the Settlement is scheduled for April 12, 2024 at 10:30 a.m. If the Court approves the Settlement, and there are no objections or appeals, eligible Class Members will automatically be sent their payment within 60 days via check or the electronic payment method they chose (see Question 8 above). Please be patient. Please also refer to the Settlement Agreement, Definition 1.9 “Effective Date of Payment.”

All uncashed checks and electronic payments that are unable to be completed will expire and become void after 120 days. Uncashed checks and electronic payments unable to be processed will be sent to the Unclaimed Property Division of the Illinois Treasurer’s Office to be claimed by class members who missed the void deadline (see


10. Do I have a lawyer in the case?

Yes, the Court has appointed lawyers Jay Edelson, J. Eli Wade-Scott, and Schuyler Ufkes of Edelson PC and David Fish and Mara Baltabols of Fish Potter Bolaños, P.C. as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiffs Martinique Owens and Amelia Garcia to serve as the Class Representatives. They are Class Members like you. Class Counsel can be reached by calling (866) 354-3015.

11. Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you do so, you will have to pay that lawyer.

12. How will the lawyers be paid?

Class Counsel will ask the Court for reimbursement of their expenses and attorneys’ fees of up to 35% of the Settlement Fund and will also request incentive awards of $5,000 for each of the Class Representatives. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any incentive awards to the Class Representatives. The Court may award less than the amounts requested.


13. What happens if I do nothing at all?

If you do nothing, you will be a Settlement Class Member, and if the Court approves the Settlement, you will automatically be sent a payment via check to your last known address, and you will also be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you also won’t be able to start a lawsuit or be part of any other lawsuit against Wendy’s International, LLC, or any other Released Parties (a term defined in the Settlement Agreement) for the claims or legal issues being resolved by this Settlement.

14. What happens if I ask to be excluded?

You may exclude yourself from the Settlement. If you do so, you will not receive any payment, but you will not release any claims you may have against Wendy’s or the Released Parties and can pursue whatever legal rights you may have against Wendy’s and the Released Parties at your own risk and expense.

15. How do I ask to be excluded?

You can mail or email a letter stating that you want to be excluded from the Settlement. Your letter must: (a) be in writing; (b) identify the case name Martinique Owens and Amelia Garcia, et al. v. Wendy’s International, LLC, Case No. 18-CH-11423 (Cir. Ct. Cook Cty. Ill.); (c) state the full name and current address of the person in the Settlement Class seeking exclusion; (d) be signed by the person seeking exclusion and their parent or guardian, if a minor; and (e) be postmarked to or received by the Settlement Administrator on or before March 13, 2024. Your request to be excluded must also include a statement to the effect that: “I hereby request to be excluded from the proposed Settlement Class in Martinique Owens and Amelia Garcia, et al. v. Wendy’s International, LLC, Case No. 18-CH-11423 (Cir. Ct. Cook Cty. Ill.).” You must mail or email your exclusion request no later than March 13, 2024 to:

WENBIPA Settlement Administrator

P.O. Box 25415

Santa Ana, CA 92799-9811


You can’t exclude yourself over the phone. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs. Each request for exclusion must be separately signed and submitted.

16. If I don’t exclude myself, can I sue Wendy’s for the same thing later?

No. Unless you exclude yourself, you give up any right to sue Wendy’s and any other Released Party for the claims being resolved by this Settlement.

17. If I exclude myself, can I get anything from this Settlement?

No. If you exclude yourself, you will not receive a payment.

18. How do I object to the Settlement?

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file a letter or brief with the Court stating that you object to the Settlement in Martinique Owens and Amelia Garcia, et al. v. Wendy’s International, LLC, Case No. 18-CH-11423 (Cir. Ct. Cook Cty. Ill.), no later than March 13, 2024. Your objection must be e-filed or delivered to the Court at the following address:

Clerk of the Circuit Court of Cook County - Chancery Division

Richard J. Daley Center

50 West Washington Street, Suite 802

Chicago, Illinois 60602

The objection must be in writing, must be signed, and must include the following information: (a) your full name and current address, (b) a statement that you believe yourself to be a member of the Settlement Class, (c) the specific grounds for your objection, (d) all documents or writings that you desire the Court to consider, (e) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of your objection or who may profit from the pursuit of your objection, and (f) a statement indicating whether you (or your counsel) intend to appear at the Final Approval Hearing. You must submit any objection in writing by March 13, 2024 in order to be heard by the Court at the Final Approval Hearing. If you hire an attorney in connection with making an objection, that attorney must file an appearance with the Court or seek pro hac vice admission to practice before the Court, and electronically file the objection by the objection deadline of March 13, 2024. 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.

In addition to filing your objection with the Court, you must send via mail, email, or delivery service, by no later than March 13, 2024, copies of your objection and any supporting documents to Class Counsel at the address and email address listed below:

Schuyler Ufkes

Edelson PC

350 North LaSalle Street, 14th Floor

Chicago, IL 60654

Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees and Plaintiffs’ request for incentive awards on February 28, 2024.

19. What’s the difference between objecting and excluding myself from the Settlement?

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class as a Class Member. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be a Settlement Class Member. If you exclude yourself, you have no basis to object because the case no longer affects you (and you will not receive payment).


20. When and where will the Court decide whether to approve the Settlement?

The Court will hold the Final Approval Hearing on April 12, 2024 at 10:30 a.m. before the Honorable Anna M. Loftus in Room 2410 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602 or via remote means (via Zoom) as instructed by the Court. You may attend the hearing remotely via Zoom using the following Meeting ID: 955 3557 3920. No password is required. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class Members. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive awards to the Class Representatives.

Note: The date, time, and location of the Final Approval Hearing are subject to change by the Court. Any changes will be posted on the Home Page of this website.

21. Do I have to come to the hearing?

No. Class Counsel will answer any questions the Court may have. You are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to do so.

22. May I speak at the hearing?

Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection (see Question 18 above) and intend to appear at the hearing, you must state your intention to do so in your objection.


23. Where do I get more information?

The notice summarizes the proposed Settlement. More details, including the Settlement Agreement and other documents are available in the Case Documents section of this website or at the Clerk’s Office in the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays. You can also contact Class Counsel at (866) 354-3015 with any questions.