Asure BIPA Settlement, Claim 950–2,800 By Dec. 21, 2026

Asure BIPA Settlement

Asure Software, Inc. has agreed to create a $644,105 settlement fund to resolve a class action in Vega v. Asure Software, Inc., Case No. 2022-CH-00651, pending in the Circuit Court of Cook County, Illinois. The lawsuit alleges that Asure’s timeclock system disseminated workers’ biometric information without the written consent required by the Illinois Biometric Information Privacy Act (BIPA).

You may be included if you used an Asure Software timeclock while working at a Packers Sanitation Service (PSSI) facility in Illinois between January 25, 2017, and September 17, 2026.

Workers with approved claims may receive an estimated $950 to $2,800. This is an estimate, not a guarantee. Every approved claimant receives an equal share of the net fund.

Key dates:

November 30, 2026: Opt-out and objection deadline
December 21, 2026: Claim deadline (online, or postmarked if mailed)
January 7, 2027, 11:00 a.m.: Final approval hearing

The court has granted preliminary approval, but the settlement is not final. Asure denies wrongdoing, and the court has not ruled on the merits of the settlement claims.

Official settlement website: https://asurebipasettlement.com/ Official claim form: https://asurebipasettlement.com/form/claim

Asure BIPA Settlement: Quick Facts

Detail	Information
Official settlement website	https://asurebipasettlement.com/
Official claim form (online)	https://asurebipasettlement.com/form/claim
Defendant	Asure Software, Inc.
Case name	Vega v. Asure Software, Inc.
Case number	2022-CH-00651
Court	Circuit Court of Cook County, Illinois (Chancery Division)
Judge	Allen P. Walker
Law at issue	Illinois Biometric Information Privacy Act, 740 ILCS 14
Settlement fund	$644,105
Estimated payment per approved claimant	About 950–2,800 (equal shares, not guaranteed)
Who is covered	People who used an Asure timeclock at a PSSI facility in Illinois, Jan. 25, 2017 – Sept. 17, 2026
Claim form required	Yes (one claim per person)
Proof of employment	Not generally required by the published claim instructions
Opt-out deadline	November 30, 2026
Objection deadline	November 30, 2026
Claim deadline	December 21, 2026
Final approval hearing	January 7, 2027, 11:00 a.m. CT, Courtroom 2402
Settlement administrator	Simpluris
Administrator phone / email	(866) 605-3083 / [email protected]
Payment options on claim form	Paper check, PayPal, Venmo, Zelle
Status	Preliminary approval granted; final approval pending

What Is the Asure Timeclock Lawsuit About?

Many employers use fingerprint or facial-recognition timeclocks so workers can clock in and out without a card or password. That creates a privacy problem. A password can be changed if it leaks. A fingerprint or face cannot.

Illinois addressed this risk by passing BIPA, which requires private companies to follow specific rules before and after collecting biometric data.

According to the settlement notice, the plaintiffs allege that Asure Software, Inc. disseminated workers’ biometric information through its timeclock systems used at Packers Sanitation Service facilities in Illinois without first obtaining the required written consent.

Asure denies the allegations. The parties settled to avoid the cost, delay and uncertainty of further litigation, and the court has not decided who is right.

Why is Asure the defendant and not Packers Sanitation Service?

The settlement names the timekeeping technology provider, Asure Software, Inc., as the defendant. PSSI is the employer whose Illinois facilities used the Asure timeclocks. PSSI is not a defendant in this particular settlement.

Did Asure admit it violated BIPA?

No. The settlement is a compromise. There is no final judgment finding that Asure violated the law.

Who Qualifies for the Asure BIPA Settlement?

You are a Settlement Class Member if you used an Asure Software, Inc. timeclock while working at a Packers Sanitation Service facility located in Illinois at any time between January 25, 2017, and September 17, 2026.

Check all four elements: the employer, the Illinois location, the Asure timeclock and the covered dates. You do not need to have worked the entire period. Use during any part of it may satisfy the date requirement. You also do not need to still work for PSSI today.

Who is excluded?

The settlement class excludes:

Anyone who timely and validly opts out
Individuals who previously executed a release under BIPA
Individuals who were members of a collective bargaining agreement covering the relevant claims
Anyone who already released claims in related actions dismissed before the settlement’s Effective Date
The court, its staff and their immediate family members

The union exclusion is part of this settlement’s class definition. It does not mean that every union member is exempt from BIPA in every case. If you were in a union, read the exact wording in the notice or settlement agreement, or ask the administrator.

Asure BIPA Settlement, $644,105 Fund, Illinois Workers May Get 950-2,800 (Claim by December 21, 2026)

Common eligibility questions

Former employees: They can qualify. The test is whether you used a covered Asure timeclock at a covered Illinois facility during the covered period.
Other employers or other states: Using an Asure timeclock somewhere else does not qualify you under this settlement.
Never received a notice: Contact the administrator to have your records checked and to request your Login ID and PIN. If you received a notice in the mail, you were identified as a potential class member.

How Much Money Will You Get From the Asure Settlement?

The $644,105 fund pays for:

Cash payments to class members with valid claims
Settlement administration costs
Attorneys’ fees and costs (Class Counsel may ask for up to 38% of the fund, plus reasonable expenses)
A service award of up to $5,000 for the Class Representative

Thirty-eight percent of $644,105 is about $244,760. These are requests, not amounts already awarded. The judge decides at the final approval hearing.

The official estimate for the net payment is about $950 to $2,800 per person. Every approved claimant gets the same amount. Someone who scanned 5 times gets the same payment as someone who scanned 5,000 times, and each person may submit only one claim.

Why is the estimate a range?

The administrator does not know how many valid claims will come in. Fewer valid claims mean a larger share for each person. More valid claims mean smaller shares. The final figure will be known only after claims are processed and the court approves the settlement.

Do You Need Proof to Claim?

The published claim instructions indicate that pay stubs, timecards or other employment records are not generally required. The claim form asks you to certify that you used an Asure timeclock at least once while working at a PSSI facility in Illinois during the covered period. Online claimants need the Login ID and PIN printed on the notice.

Claims must be truthful. The administrator may review claims, and inaccurate or fraudulent claims can be rejected.

How to File an Asure BIPA Settlement Claim

Deadline: December 21, 2026.

Option 1: File online (recommended)

Go to the claim portal on the official settlement website (listed in the Quick Facts table above).
Enter the Login ID and PIN from your notice.
Complete the claim form with your name, contact details and mailing address.
Confirm that you used an Asure timeclock at a qualifying PSSI facility in Illinois during the covered period.
Choose your payment method: paper check, PayPal, Venmo or Zelle.
Review everything, submit, and save your confirmation.

Option 2: File by mail

Download the claim form from the settlement website, complete and sign it, and mail it to:

Vega v. Asure Software, Inc. c/o Settlement Administrator P.O. Box 25226 Santa Ana, CA 92799-9958

It must be postmarked by December 21, 2026. Keep a copy and use trackable mail if possible.

Lost your Login ID or PIN?

Email [email protected] or call (866) 605-3083 with your full name and mailing address. Losing the notice does not automatically make you ineligible.

Asure Settlement Deadlines and Court Dates

Action	Deadline
Opt out (exclude yourself)	November 30, 2026
Object to the settlement	November 30, 2026
Submit claim online	December 21, 2026
Mail paper claim	Postmarked by December 21, 2026
Final approval hearing	January 7, 2027, 11:00 a.m. CT

The earlier November 30 date matters because opting out and objecting are different legal choices that must be made before you file or skip a claim.

Your Options: Claim, Opt Out, Object or Do Nothing

Option	Get paid?	Keep right to sue?	Deadline
File a claim	Yes, if approved	No, you release the covered claims	Dec. 21, 2026
Opt out	No	Yes	Nov. 30, 2026
Object (and stay in)	Only if you also claim	No	Nov. 30, 2026
Do nothing	No	No	N/A

How to opt out

You can opt out through the online exclusion form on the settlement website or by mailing a signed letter that includes:

Your full name, address, telephone number and email address
The case name and number: Vega v. Asure Software, Inc., No. 2022-CH-00651
A clear statement that you want to be excluded from the Settlement Class
Your signature

Mail it to:

Vega v. Asure Software, Inc. c/o Settlement Administrator ATTN: Exclusion Request P.O. Box 25226 Santa Ana, CA 92799-9958

It must be postmarked by November 30, 2026. If you opt out, you receive no payment, you cannot object, and you keep whatever legal claims you may have, at your own cost and risk and subject to deadlines and defenses. The 950–2,800 estimate is not a prediction of what an individual lawsuit would recover, so consider speaking with a lawyer before opting out.

How to object

If you stay in the class but believe the settlement is unfair, you may file a written objection, postmarked by November 30, 2026. It must include:

Your name, address, telephone number and email address
The case name and number
The dates you worked at the Illinois PSSI facility and used the Asure timeclock
The specific reasons for your objection, with any supporting documents
Any objections you filed in other class actions in the last four years
Your signature

Send it to the Clerk of the Court and to both sets of counsel:

Clerk of the Court Circuit Court of Cook County, Illinois 50 W. Washington Street, Suite 1001 Chicago, IL 60602-1305

Class Counsel Jordan R. Frysinger, McGuire Law, P.C. 55 West Wacker Drive, 9th Floor Chicago, IL 60601

Defendant’s Counsel James Argionis and Christopher S. Hennessy, Cozen O’Connor 123 North Wacker Drive, Suite 1800 Chicago, IL 60606

If you hire your own lawyer to object, that lawyer must file a notice of appearance by the objection deadline, and you pay that lawyer. You may attend the hearing in person, or by Zoom if you are self-represented (check the settlement website for current access details).

What if you do nothing?

You get no payment, you remain in the class, and if the court approves the settlement you give up the right to sue Asure and related parties over the released claims. Doing nothing does not preserve your right to sue.

What Claims Are Being Released?

Unless you opt out, you release Asure Software, Inc. and related parties from claims connected to the alleged BIPA violations involving biometric data used for timekeeping at the relevant facilities. The exact release language is in the Settlement Agreement on the official website. Read it before deciding whether to claim, opt out or object.

When Will Asure Settlement Payments Be Sent?

Payments will be sent only after the court grants final approval and the approval becomes final. The final approval hearing is set for January 7, 2027, at 11:00 a.m. in Courtroom 2402, 50 W. Washington Street, Chicago.

At the hearing, the judge will consider whether the settlement is fair, reasonable and adequate, whether the class should be finally certified for settlement purposes, any timely objections, and the requests for attorneys’ fees, costs and the service award.

The administrator anticipates payment within about 60 days after final approval becomes effective. An appeal could delay payment. There is no guaranteed payment date.

Illinois BIPA Law Explained: What Laws Apply to the Asure Case?

BIPA overview and purpose (740 ILCS 14/5)

BIPA is found at 740 ILCS 14/1 et seq. and took effect in 2008. In Section 5, the legislature found that biometrics are unique to each person and that the risk of identity theft is heightened because biometric identifiers cannot be changed once compromised.

Section 10: Key definitions

Biometric identifiers include retina or iris scans, fingerprints, voiceprints, and scans of hand or face geometry. Biometric information means information based on a biometric identifier that is used to identify an individual. A “private entity” generally includes individuals, partnerships, corporations, associations and other business entities, but excludes state and local government agencies and their contractors in certain circumstances. Photographs and certain other items are excluded from the definition of biometric identifiers.

Section 15(a): Written retention policy

Private entities in possession of biometric data must publish a written policy with a retention schedule and destruction guidelines. Data must generally be destroyed when the original purpose is satisfied or within three years of the person’s last interaction with the entity, whichever comes first. Published case reporting indicates the court reconsidered its earlier ruling in February 2025 and ruled for Asure on the Section 15(a) claim.

Section 15(b): Written notice and consent before collection

Before collecting or obtaining biometric data, an entity must (1) inform the person in writing that it is being collected or stored, (2) inform them in writing of the specific purpose and length of time, and (3) obtain a written release. In employment, the release can be executed by the employee as a condition of employment. This is the provision behind most timeclock lawsuits, but the Asure settlement centers on dissemination, not on a finding that Section 15(b) was violated.

Section 15(c): No selling or profiting

An entity may not sell, lease, trade or otherwise profit from a person’s biometric data. This settlement is not a finding that Asure sold or profited from workers’ biometrics.

Section 15(d): No disclosure without consent (the key provision here)

An entity in possession of biometric data may not disclose, redisclose or otherwise disseminate it unless:

The person (or their legally authorized representative) consents
The disclosure completes a financial transaction the person requested or authorized
The disclosure is required by state or federal law or a municipal ordinance
The disclosure is required by a valid warrant or subpoena

The Asure plaintiffs allege dissemination without consent under this section. Asure disputes it, and no court has made a final finding.

Section 15(e): Reasonable security

Entities must store, transmit and protect biometric data using the reasonable standard of care in their industry, and in a manner at least as protective as they treat other confidential and sensitive information.

Section 20: Private right of action and damages

Any person “aggrieved” by a BIPA violation may sue. A prevailing party may recover:

Type of violation	Damages
Negligent violation	Greater of $1,000 or actual damages
Intentional or reckless violation	Greater of $5,000 or actual damages

The statute also allows reasonable attorneys’ fees and costs, and injunctive relief. These are litigation remedies. They do not mean each Asure class member is automatically owed $1,000 or $5,000. The settlement payment is the equal share from the net fund.

Section 25: Exemptions

BIPA contains limited exemptions, including for certain financial institutions subject to federal privacy law, information captured in certain health care settings, and certain contractors of state or local government. Settlement eligibility is defined by the court-approved class definition, not by these exemptions alone.

Illinois Supreme Court decisions that shaped BIPA

Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Jan. 25, 2019): A person does not need to show actual harm beyond the statutory violation to be “aggrieved” and sue under BIPA.
McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511 (Feb. 3, 2022): The Illinois Workers’ Compensation Act does not bar BIPA claims by employees.
Tims v. Black Horse Carriers, Inc., 2023 IL 127801 (Feb. 2, 2023): The five-year limitations period (735 ILCS 5/13-205) applies to all BIPA claims. This helps explain the settlement’s start date: the lawsuit was filed January 25, 2022, and the class period begins exactly five years earlier, on January 25, 2017.
Cothron v. White Castle System, Inc., 2023 IL 128004 (Feb. 17, 2023): A separate claim accrues each time biometric data is collected or disclosed in violation of Sections 15(b) or 15(d), which raised fears of enormous damages in timeclock cases.

The 2024 BIPA amendment (Public Act 103-0769)

Signed August 2, 2024, the amendment responded to Cothron. It provides that repeated collection of the same biometric identifier from the same person by the same method counts as a single violation for Section 15(b) damages, and repeated disclosure of the same data from the same person to the same recipient counts as a single violation for Section 15(d). It also made clear that a written release may be given by electronic signature. Courts have disagreed on whether the amendment applies to cases already pending when it was signed, which is one reason litigation risk and damages were uncertain in cases like this one and settlement is a practical outcome.

Class action procedure in Illinois

The case is a class action under 735 ILCS 5/2-801 et seq. A class action settlement must be approved by the court (735 ILCS 5/2-806 provides that a class action may be dismissed or compromised only with court approval). That is why there is a notice process, preliminary approval, a final approval hearing, and rights to opt out and object.

Union workers and federal preemption

Federal courts have addressed whether federal labor law (the Labor Management Relations Act and the Railway Labor Act) preempts BIPA claims by union-represented workers, because a union may be able to consent to biometric collection on behalf of members. This is the legal backdrop for why many BIPA settlements, including this one, exclude workers covered by a collective bargaining agreement. Whether it applies to you depends on the facts and the exact class wording.

Is another Illinois timeclock bill pending?

Illinois Senate Bill 3122 was introduced in the 2026 session and would address biometric data used by certain timeclocks. According to the General Assembly’s bill status, it was referred to Senate Assignments and has not been enacted. It does not change who is eligible for this settlement.

How the Asure BIPA Lawsuit Developed

Date	Development
January 25, 2022	Class action filed in Cook County
August 2022	Court denied most of Asure’s motion to dismiss
January 2024	Court denied Asure’s motion for summary judgment
February 2025	On reconsideration, court ruled for Asure on the Section 15(a) claim; Section 15(d) claim continued
2026	Parties reached a settlement after mediation
2026	Court granted preliminary approval and conditionally certified the class for settlement

The detailed chronology above comes from specialist settlement reporting. The administrator’s public materials confirm the case caption, preliminary approval and proposed terms.

Why did the parties settle?

Continued litigation meant cost, delay and uncertainty for both sides: the plaintiffs would still have to prove liability and damages, and Asure would have continued to defend the surviving claim. The settlement gives workers a defined fund and a simple claim process without waiting for trial.

Are Settlement Payments Taxable?

Settlement payments may count as taxable income depending on your situation. The settlement documents do not provide tax advice. Ask a tax professional if you have questions about how a payment affects you.

How to Contact the Settlement Administrator

Administrator: Simpluris Official website: https://asurebipasettlement.com/ Email: [email protected] Phone: (866) 605-3083 Mail: Vega v. Asure Software, Inc., c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799-9958

Spanish-language materials are available on the settlement website. The administrator can help with missing notices, Login IDs and PINs, and claim questions. You will not be charged for Class Counsel’s services, and you may hire your own attorney at your own expense.

Asure BIPA Settlement: Frequently Asked Questions

Is the Asure $644,105 settlement real?

Yes. The administrator’s website describes a proposed $644,105 settlement in Vega v. Asure Software, Inc., No. 2022-CH-00651. The court has granted preliminary approval, and final approval is pending.

Who qualifies for the Asure settlement?

People who used an Asure timeclock while working at a Packers Sanitation Service facility in Illinois between January 25, 2017, and September 17, 2026, subject to the exclusions.

How much will I get?

The official estimate is about 950–2,800. Every approved claimant gets an equal share, and the final amount depends on the number of valid claims.

Do I have to file a claim?

Yes. A timely, valid claim is the only way to get paid.

What is the claim deadline?

December 21, 2026. Mailed claims must be postmarked by that date.

Do more fingerprint scans mean more money?

No. Each person may file one claim, and every approved claimant receives the same amount.

Do I need pay stubs or timecards?

Generally no, according to the published claim instructions. You must certify that you used a covered Asure timeclock.

Can I get paid by PayPal, Venmo or Zelle?

Yes. The claim form offers paper check, PayPal, Venmo and Zelle.

Are PSSI workers outside Illinois included?

No. The class covers only Packers Sanitation Service facilities located in Illinois.

Are union workers eligible?

Individuals who were members of a collective bargaining agreement covering the relevant claims are excluded. Check the exact wording in the notice or agreement.

What if I never got a notice?

Contact the administrator at (866) 605-3083 or [email protected].

What is the opt-out deadline? The objection deadline?

Both are November 30, 2026.

Can I opt out and still get paid?

No. Opting out means no payment.

Did Asure admit wrongdoing?

No. Asure denies the allegations, and there is no final court finding of liability.

When will checks arrive?

After final approval and after the order becomes final, which the administrator anticipates within about 60 days. Appeals could delay payment.

What Should You Do Before December 21?

Confirm you used an Asure timeclock at a PSSI facility in Illinois between January 25, 2017, and September 17, 2026.
Find your notice and Login ID and PIN, or contact the administrator.
If you are thinking about opting out or objecting, decide before November 30, 2026.
Otherwise, file your claim by December 21, 2026.

This is a specific Illinois workplace biometric privacy settlement, not a nationwide payment for everyone who has ever used an Asure timeclock. The final payment depends on the number of valid claims and the court’s final approval.

This article is for informational purposes only and is not legal advice. AllAboutLawyer.com is not a law firm and does not provide legal representation. The official settlement notice, agreement and court orders control over this summary. For advice about your own rights, consult a qualified attorney.

More Illinois BIPA Settlement Coverage

These are separate lawsuits with different defendants, classes and requirements. Eligibility in one does not establish eligibility in another.

Sources

Primary settlement materials

Statutes and court decisions

Litigation history research

OpenClassActions: Asure Software BIPA Settlement

About the Author

Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.