Asure Software BIPA Settlement — Est. $950 to $2,800

Biometric Privacy · Claims Open

Current Status

Claims are open. The deadline is December 21, 2026; online claims are due by 11:59 p.m. Central Time that day, and mailed claims must be postmarked by that date. The Circuit Court of Cook County has granted preliminary approval, and the final approval hearing is scheduled for January 7, 2027. No payment date had been announced as of October 26, 2026.

What Changed Recently?

Asure Software, Inc., which sells timekeeping systems, agreed to a $644,105 settlement in Vega v. Asure Software, Inc., a proposed class action pending in the Chancery Division of the Circuit Court of Cook County. The lawsuit alleges that Asure disseminated workers’ biometric information, collected through Asure timeclocks used at Packers Sanitation Service facilities in Illinois, without first obtaining written consent as required by the Illinois Biometric Information Privacy Act (BIPA). Asure denies the allegations and denies that it violated the law, and the settlement is not an admission of wrongdoing. The court has not decided who is right.

The case was filed on January 25, 2022. The court denied most of Asure’s motion to dismiss in August 2022 and denied its motion for summary judgment in January 2024. On reconsideration in February 2025, the court ruled for Asure on the BIPA Section 15(a) claim, which concerns retention policies, but let the Section 15(d) claim over disclosing biometric data go forward. The parties then settled with the help of a retired judge acting as mediator, and the settlement agreement was signed in August 2026. The court granted preliminary approval, and notice went out to class members by mail.

Beyond the cash, Asure represents in the agreement that it will comply, or remain compliant, with BIPA going forward, without admitting liability.

Who Qualifies?

The settlement class covers people who used an Asure timeclock while working at a Packers Sanitation Service (PSSI) facility located in Illinois at any time between January 25, 2017 and September 17, 2026. Asure told the court the class is made up of 2,629 people. The class definition is tied to use of the timeclock, not to a particular job title, and the claim form refers to both finger and facial scans used for timekeeping.

Several groups are excluded:

• Anyone who was a member of a collective bargaining agreement (a union contract).
• Anyone who signed a release of BIPA claims.
• Anyone who already released these claims in a related case that was dismissed before the settlement takes effect.
• The judge and court staff assigned to the case, and their immediate families.
• Anyone who opts out by the November 30, 2026 deadline.

How Much Can You Get?

The notice estimates the net payment at approximately $950 to $2,800 per person. That is an estimate, not a guaranteed amount. Before anything is paid to class members, the $644,105 fund covers settlement administration costs, attorneys’ fees of up to 38% of the fund (about $244,760) plus costs, and a service award of up to $5,000 for the class representative, all subject to court approval.

What is left is split equally among class members whose claims are approved, so each payment shrinks as more valid claims come in. As a rough illustration only: if the full fee and service award were approved, about $394,345 would remain before administration costs. Divided among all 2,629 class members, that would be roughly $150 each; the official $950 to $2,800 range reflects the expectation that far fewer people will file.

The fund is non-reversionary. Checks are valid for 120 days, and money from uncashed checks and any unclaimed funds goes to the Chicago Bar Foundation, or another recipient the court approves, rather than back to Asure. Any fee or service award the court trims below the requested amount stays in the fund for class members.