Frequently Asked Questions

The purpose of the Notice is to inform you that a proposed Settlement has been reached in the putative class action lawsuit entitled Ortega v. NNR Global Logistics USA, Inc., filed in the Circuit Court of Cook County, Illinois (Chancery Div.), Case No. 2021 CH 6337. Because your rights will be affected by this Settlement, it is important that you read the Notice carefully. The Notice summarizes the settlement and your rights under it.

If you received an email or postcard describing this settlement, it is because NNR’s records indicate that you are a member of the Settlement Class. The members of the Settlement Class include:

All individuals who scanned their hands on a hand-scan time clock while employed by or working at an NNR facility in Illinois between December 21, 2016, and June 10, 2025 and who did not first sign a consent form relating to the same.

In a class action, one or more people called Class Representatives (here, Plaintiff, Felipe Ortega) sue on behalf of people who allegedly have similar claims. This group is called a class and the persons included are called class members. One court resolves the issues for all of the class members, except for those who exclude themselves from the class.

Here, Plaintiff claims NNR violated the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., by failing to: (1) obtain individuals’ informed written consent before allegedly collecting, capturing, or otherwise obtaining their biometric identifiers or biometric information in connection with a hand-scan timekeeping device; and (2) provide a publicly available written retention schedule and guidelines for permanently destroying the alleged biometric identifiers or biometric information in its possession. NNR denies these allegations and denies any wrongdoing or violation of the law. The Court has conditionally certified a class action for settlement purposes only. The Honorable David. B. Atkins is in charge of this action.

The Court did not decide in favor of Plaintiff or NNR. Instead, the parties agreed to this settlement. This way, the parties avoid the risk and cost of a trial, and the Settlement Class members will receive compensation in exchange for the release set forth in the Settlement Agreement. Plaintiff and Class Counsel think the settlement is best for all persons in the Settlement Class.

The Court has certified a class action for settlement purposes only. The Settlement Class is defined as:

All individuals who scanned their hands on a hand-scan time clock while employed by or working at an NNR facility in Illinois between December 21, 2016, and June 10, 2025 and who did not first sign a consent form relating to the same.

A “Settlement Class Member” is any person in the Settlement Class. If you are still not sure whether you are included, you can visit other sections of this Settlement Website, you may write to the Settlement Administrator at NNR BIPA Settlement, c/o Analytics Consulting LLC, PO Box 2002, Chanhassen MN 55317-2002, or you may call the Toll-Free Settlement Hotline, 844-656-5988, for more information.

The Court has appointed Keogh Law, Ltd., as Class Counsel to represent you and the other persons in the Settlement Class. You will not be personally charged by these lawyers. Their telephone number is 1-866-726-1092.

Class Counsel will ask the Court to approve payment not to exceed $150,000 for the attorneys’ fees and expenses incurred in connection with this matter. Class Counsel also will ask the Court to approve payment not to exceed $5,000 to Plaintiff for his services as Class Representative. The Court may award less than these amounts.

Payments NNR Will Make. NNR will pay $128,740.00 into a fund (the “Settlement Fund”) to cover cash payments to Settlement Class Members who do not timely or validly opt-out of the settlement. NNR will also pay the amount of attorneys’ fees and expenses to Class Counsel approved by the Court; the amount of any service award to the Plaintiff approved by the Court; and the costs of notice and administration of the Settlement.

Cash Payments. All Settlement Class Members will receive a cash payment so long as their last known address can be determined. Any money remaining in the Settlement Fund after paying all Settlement Award Checks to Settlement Class Members will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award Check, so long as the amount to be distributed per Claimant is at least $10.00 after the costs of any second distribution are factored in. Any subsequent distribution will be made within thirty (30) days after the expiration date of the Initial Settlement Award Check has passed.

If you do not exclude yourself from the settlement, you will receive a check in the amount of not less than $785.00.

Unless you exclude yourself from the settlement, you will be part of the Settlement Class and will be bound by the release of claims in the settlement. This means that if the settlement is approved, you cannot rely on any Released Claim to sue, or continue to sue, NNR or other Released Parties, on your own or as part of any other lawsuit, as explained in the Settlement Agreement. It also means that all of the Court’s orders will apply to you and legally bind you. Unless you exclude yourself from the Settlement, you will agree to release NNR and all other Released Parties, as defined in the Settlement Agreement, from any and all claims that arise from any alleged collection, use, storage, or disclosure of your alleged biometric identifiers or biometric information.

In summary, the Release includes all claims of any kind, whether known or unknown, that were or could have been asserted in the Action, including, but not limited to, claims arising under BIPA or any other similar state, local, or federal law, regulation, or ordinance, or common law, regarding the use, collection, capture, receipt, maintenance, storage, possession, transmission, disclosure, re-disclosure, transmittal, conversion, obtaining, lease, sale, or profit from alleged biometric identifiers and/or biometric information, as set forth in detail in the Settlement Agreement.

If you have any questions about the Release or what it means, you can speak to Class Counsel, listed under Question 6 above, for free; or, at your own expense, you may talk to your own lawyer. The Release does not apply to persons in the Settlement Class who timely exclude themselves.

There is nothing you need to do to obtain a payment from the Settlement. Your portion of the settlement funds will be sent to your last known address, along with a 1099 form to the extent required.

The Court will hold a hearing on September 30, 2025 to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who declines to exclude themselves will be informed of the progress of the settlement through information posted on this Settlement Website. Please be patient.

If you do not wish to release any potential claims against NNR or a Released Party, as defined in the Settlement Agreement, then you must take steps to get out of the Settlement Class. This is called excluding yourself from, or opting-out of, the Settlement Class.

A Settlement Class Member who wishes to exclude himself or herself from this Settlement, and from the Release pursuant to this Settlement, shall submit a written Opt-Out Request to the Settlement Administrator at the address designated in the Notice and be postmarked no later than the Opt-Out/Objection Deadline. Opt-Out Requests must: (i) be timely submitted by the Opt-Out/Objection Deadline; (ii) be signed by the person in the Settlement Class who is requesting to be excluded from the Settlement Class; (iii) include the name and address of the person in the Settlement Class requesting exclusion; and (iv) include a statement or words to the effect of the following: “I request to be excluded from the settlement in the Ortega v. NNR action, and understand that by doing so I will not be entitled to receive any of the benefits from the settlement.” No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other person in the Settlement Class from the Settlement Class.

To be valid, you must mail your exclusion request postmarked no later than August 25, 2025 to the Settlement Administrator at NNR BIPA Settlement, c/o Analytics Consulting LLC, PO Box 2002, Chanhassen, MN 55317-2002.

No. If you do not exclude yourself, you give up any right to sue (or continue to sue) NNR or any Released Parties for the claims that this settlement resolves.

No. If you exclude yourself, you will not receive a settlement payment and you cannot object to the settlement.

If you are in the Settlement Class, you can object to the settlement or any part of the settlement that you think the Court should reject, and the Court will consider your views. If you do not provide a written objection in the manner described below, you shall be deemed to have waived any objection and shall forever be foreclosed from making any objection to the fairness, reasonableness, or adequacy of the settlement, or the award of any attorneys’ fees and expenses, and/or any proposed service award.

To object, you must make your objection in writing, stating that you object to the Settlement. To be considered by the Court, the written objection must personally sign the objection and provide the following information with it: (i) full name, current address, email address, and current telephone number; (ii) the case name and number of this case, (iii) documentation sufficient to establish membership in the Settlement Class; (iv) a statement of reasons for the objection, including the factual and legal grounds for the objector’s position; (v) copies of any other documents the objecting Settlement Class Member wishes to submit in support of his/her/its position; and (vi) the identification of any other objections the objecting Settlement Class Member has filed or has had filed on his/her behalf, in any other class action cases in the last five years.

To be considered, you must file your objections with the Court and mail your objections to the addresses below no later than August 25, 2025.

Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself means that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you exclude yourself and object, and do not clarify which of these two alternatives you are choosing, then your submission will be considered an Exclusion.

If you do nothing, you will still receive a payment from settlement and give up your rights to sue NNR or any other released parties related to a released claim. For information relating to what rights you are giving up, see Question 10 above.

The Court will hold a Final Approval Hearing at 10:30 a.m. on September 30, 2025 in Room 2102, at Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 W. Washington Street, Chicago, IL 60602. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are valid objections that comply with the requirements in Question 16 above, the Court also will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel and Plaintiff.

The Final Approval Hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement Website for updates.

No. Class Counsel will appear on behalf of the Settlement Class. But, you are welcome to come, or have your own lawyer appear, at your own expense.

You may ask the Court for permission to speak at the Final Approval Hearing, but only in connection with an objection that you have timely submitted to the Court according to the procedure set forth in Question 16 above. To speak at the Final Approval Hearing, you must also file a document with the Court stating your intention to appear. For this document to be considered, it must include your name, address, telephone number and your signature. The document must be filed with the Court no later than August 25, 2025. You cannot speak at the hearing if you exclude yourself from the settlement.

The notice is only a summary of the proposed settlement. You can get a copy of the settlement agreement by going to Important Case Documents, or you can write to the address below or call the Toll-Free Settlement Hotline, 844-656-5988. You may also contact Class Counsel with any questions at their toll-free number, 866-726-1092.

NNR Global Logistics BIPA Settlement
c/o Analytics Consulting LLC
PO Box 2002
Chanhassen MN 55317-2002

DO NOT CALL OR WRITE TO THE COURT, THE CLERK OF THE COURT, NNR, OR NNR’S COUNSEL ABOUT THE SETTLEMENT. ALSO, TELEPHONE REPRESENTATIVES WHO ANSWER CALLS MADE TO THE TOLL-FREE NUMBER ARE NOT AUTHORIZED TO CHANGE THE TERMS OF THE SETTLEMENT OR THE NOTICE.