Morris v. Nextep Systems, Inc.

What is the Lawsuit About?

This lawsuit alleges the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or biometric information of an individual for any purpose, without first providing such individual with written notice and obtaining a written release. This lawsuit alleges that Nextep violated BIPA by allegedly obtaining and storing Wow Bao customers’ biometric data when the Wow Bao customer used a Nextep branded facial recognition self-order kiosk at a Wow Bao restaurant in the State of Illinois, without first providing written notice or obtaining a written release. Nextep contests these claims and denies that it violated BIPA.

For more information about the Class Action Complaint and Nextep’s position, please visit the “Court Documents” section of this website.

Who is in the Settlement Class?

If you used facial recognition on a Nextep branded self-ordering kiosk at a Wow Bao restaurant in the State of Illinois, including, but not necessarily limited to the following locations: (1) 835 North Michigan Avenue, (2) 1 West Wacker Drive, and/or (3) 225 North Michigan Avenue, between March 9, 2016, and September 15, 2023 you may be a Class Member and may submit a Claim Form for a cash payment.

Excluded from the Settlement Class are: (1) the Court and members of their families; (2) persons who properly execute and submit a timely request for exclusion from the Class; and (3) individuals whose claims in this matter have been finally adjudicated on the merits or otherwise released.

What Does the Settlement Provide?

If the Court grants final approval, Nextep will provide the following benefits to the Settlement Class Members:

Cash Payments
If you’re eligible, you can submit a Claim Form to receive a cash payment. The amount of such payment is estimated to be approximately $450 but is unknown at this time and could be more or less depending on the number of valid Claim Forms submitted. This is an equal share of the $616,050.00 Settlement Fund, before the payment of settlement expenses, attorneys’ fees, and any incentive award for the named plaintiff in the litigation, upon approval by the Court.

Prospective Relief
As provided for in the Settlement Agreement, Nextep has confirmed the facial recognition self-ordering kiosks at issue have not been used in Illinois since 2017, and agrees to delete and cease retaining, within a reasonable time, but no later than 90 days, after the full execution and approval of the Settlement Agreement, any Wow Bao customer data it received from the facial recognition kiosks previously used at Wow Bao restaurants in the State of Illinois.