Case Information
Sosa v. Onfido, Inc.
United States District Court for The Northern District of Illinois, Eastern Division
Case No. 20-cv-04247
The Court has approved the settlement and class members who submitted approved claims will be paid in installments as shown below and as further detailed in FAQ 7. The amount and timing of each installment is based on (1) whether you are a Financial Institution Class Member or Non-Financial Institution Class Member, and (2) whether you selected electronic payments (Venmo, PayPal, or Zelle) or paper checks when you submitted your claim form. The dates below are the dates the settlement administrator will issue payments, not necessarily when payments will be received. Thank you for your patience.
E-payments | ||
Est. Payment Dates | NFI Class | FI Class |
February 1, 2024 | $69.51 | $23.69 |
February 3, 2025 | $55.61 | $18.95 |
February 2, 2026 | $55.61 | $18.95 |
February 2, 2027 | $97.30 | $33.18 |
Total | $278.03 | $94.77 |
Checks | ||
Est. Payment Dates | NFI Class | FI Class |
February 1, 2024 | $69.51 | $23.69 |
February 2, 2027 | $208.52 | $71.08 |
Total | $278.03 | $94.77 |
About This Case
IF YOU WERE IN ILLINOIS AND UPLOADED A PHOTO OR VIDEO OF YOURSELF AND A PHOTO ID TO A MOBILE APP OR WEBSITE FOR IDENTITY VERIFICATION PERFORMED BY ONFIDO, INC. BETWEEN JUNE 12, 2015 AND MAY 5, 2023, YOU MAY BE ABLE TO CLAIM A PAYMENT FROM A CLASS ACTION SETTLEMENT.
A Settlement has been reached in a class action lawsuit between Onfido, Inc. (“Defendant” or “Onfido”) and individuals who, while in Illinois, uploaded a photo or video of themselves and a photo ID to certain apps or websites for identity verification. Onfido provides identity verification software that is built into certain apps and websites used by consumers. The lawsuit claims that, in performing identity verification on individuals in Illinois, Onfido violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by collecting individuals’ biometric data without complying with the law’s requirements. Onfido denies that it violated any law or that the law applies to its conduct. The Court has not decided who is right or wrong.
If you received a notice of this Settlement in the mail or by e-mail, our records indicate that you are a member of one of the two groups or “classes” covered by the Settlement Classes. The Financial Institution Class includes people whose identity was verified by a financial services app or website. The Non-Financial Institution Class includes people whose identity was verified by an app or website that is not a financial institution such as online marketplaces like OfferUp. Those included in the Settlement may submit a claim form online or by mail to receive a settlement payment. Included in the Settlement are those who, while in Illinois, uploaded a photo or video of themselves and a photo ID to any application, software, or website operated by an Onfido customer, and subsequently to Onfido, between June 12, 2015 and May 5, 2023 without first having executed a written release or consent form specifically naming Onfido as authorized to collect or store their biometric data.
If the Court approves the Settlement, members of the Settlement Classes who submit valid claims will receive an equal, or pro rata, share of either a $12,785,595.90 fund that Onfido agreed to create for Financial Institution Class Members, or of a $15,714,404.10 fund that Onfido agreed to create for Non-Financial Institution Class Members, after all notice and administration costs, incentive awards, and attorneys’ fees have been paid. Individual payments to Financial Institution Class Members with valid claims are estimated to be between $65 and $110, and payments to Non-Financial Institution Class Members with valid claims are estimated to be between $210 and $350. These settlement payments could be more or less depending on the number of valid claims submitted. In order to allow Onfido to pay all of the money, all settlement payments will be paid in installments over three years.
Please read this website carefully. Your legal rights are affected whether you act, or don’t act.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM | This is the only way to receive a payment. You must submit a complete and valid claim form either online or by mail before October 6, 2023. |
DO NOTHING | You will receive no payment under the Settlement and give up your rights to sue Onfido and certain related companies and individuals about the issues in this case. |
EXCLUDE YOURSELF | You will receive no payment, but you will retain any rights you currently have to sue Onfido about the issues in this case. |
OBJECT | Write to the Court explaining why you don’t like the Settlement. |
ATTEND A HEARING | Ask to speak in Court about the fairness of the Settlement. |
These rights and options—and the deadlines to exercise them—are explained on this website.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved and will be paid in installments as described in FAQ 7. Please be patient.
Case Documents
Important Dates
Claim Form Deadline
Friday, October 6, 2023
The deadline to submit a Claim Form is October 6, 2023. See FAQ 6 for more information.
Exclusion Deadline
Friday, September 29, 2023
The deadline to request exclusion from (opt-out of) the Settlement is September 29, 2023. See FAQ 13 for more information.
Objection Deadline
Friday, September 29, 2023
The deadline to object to the Settlement is September 29, 2023. See FAQ 16 for more information.
Final Approval Hearing Date
Thursday, November 9, 2023
The Final Approval Hearing will be held November 9, 2023, at 10:30 a.m. before the Honorable Marvin E. Aspen in Room 2568 at the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604, or via remote means as instructed by the Court. Instructions for participating remotely will be posted on this Settlement Website. See FAQ 18 for more information.