Grubhub Class Action Lawsuit, Illinois Drivers Allege Wage Theft and Unlawful Facial Scans

Grubhub is facing a class action lawsuit filed in Illinois state court accusing the food delivery giant of misclassifying delivery drivers as independent contractors while also collecting their biometric data through facial scans without legally required consent. Plaintiff Antonio Morris, a Cook County driver who has worked for Grubhub since 2022, says the company’s pay structure left drivers earning below Illinois’ minimum wage — and its app-based identity verification system crossed a clear legal line.

Quick Facts: Morris v. Grubhub Inc.

Field	Detail
Lawsuit Filed	2026
Defendant	Grubhub Inc.
Alleged Violations	Illinois Minimum Wage Law; Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/
Who Is Affected	Illinois Grubhub delivery drivers classified as independent contractors
Current Court Stage	Newly filed — pre-litigation
Court & Jurisdiction	Circuit Court of Cook County, Illinois, Chancery Division
Lead Law Firm	Michael L. Fradin, Fradin Law LLC; James L. Simon, Simon Law Co.
Next Hearing Date	TBD — no hearing scheduled yet
Official Case Website	TBD — none established at this stage
Last Updated	May 23, 2026

What Is the Grubhub Lawsuit About? Morris v. Grubhub Inc., No. 2026CH04452

Plaintiff Antonio Morris claims Grubhub’s pay structure caused drivers to earn less than Illinois’ minimum wage, while requiring them to submit facial scans through the company’s app without obtaining legally required consent. According to the complaint, Morris has worked as a Grubhub driver in Cook County since 2022 and alleges the company exercised significant control over drivers through its app and code of conduct.

That level of control is at the heart of the unpaid wages lawsuit. Under Illinois law, workers who function as employees — following company rules, using company-branded tools, operating within company-set parameters — must receive minimum wage protections. The complaint argues Grubhub cannot have it both ways: maintaining tight control over drivers while also denying them employee protections.

The second allegation involves BIPA — the Illinois Biometric Information Privacy Act (740 ILCS 14/), one of the strongest biometric privacy laws in the country. Grubhub’s own driver privacy policy confirms the company collects facial scans from drivers, using a third-party vendor that applies facial recognition technology to produce a unique biometric identifier based on facial geometry — used to verify a driver’s identity by comparing submitted photos against their license and prior images. BIPA requires companies to obtain written, informed consent before collecting that data, and to publicly disclose how long it will be retained. The lawsuit alleges Grubhub failed to meet those requirements. For more context on how Illinois courts have handled similar facial scan claims, see our coverage of the Apple Siri BIPA class action and the Bumble facial recognition BIPA settlement.

This is not the first time Grubhub has faced legal trouble of this kind. Grubhub and the Federal Trade Commission and the Illinois Attorney General agreed to a $25 million settlement in late 2024 regarding misleading business and consumer activities — a case that covered how fees were communicated and how restaurant connections were handled.

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Are You Part of the Grubhub Class Action Lawsuit?

Here is how to know if this case includes you. The class is focused specifically on Illinois drivers — not customers, not restaurant partners.

You may be part of this class if you:

• Worked as a Grubhub delivery driver in Illinois, particularly in Cook County
• Were classified by Grubhub as an independent contractor (not an employee)
• Submitted a facial scan through the Grubhub driver app for identity verification
• Earned less than Illinois’ minimum wage after accounting for your actual driving time and expenses
• Did not receive a written disclosure from Grubhub explaining how your biometric data would be collected, stored, and deleted

You are likely NOT included if you:

• Drove for Grubhub exclusively outside of Illinois
• Were classified as a W-2 employee rather than an independent contractor
• Have already resolved a separate individual employment discrimination or wage claim against Grubhub

If you drove for Grubhub in Illinois and used the driver app’s photo verification feature, both parts of this lawsuit may apply to you — the wage claim and the biometric privacy claim.

What Are Grubhub Drivers Seeking in This Lawsuit?

The plaintiffs are pursuing two distinct types of relief, and neither is small.

On the wage side, drivers seek compensation for the gap between what Grubhub paid them and what Illinois’ minimum wage law required. An employment class action settlement of this type typically calculates damages based on hours worked, miles driven, and the expenses drivers absorbed — like gas and vehicle wear — that were never reimbursed.

On the biometric side, the class action lawsuit seeks statutory damages of $5,000 per intentional or reckless biometric privacy violation and $1,000 per negligent violation. Under Illinois’ 2024 BIPA amendments, damages are capped on a per-person basis rather than per individual scan — but with potentially thousands of Illinois drivers affected, the total exposure for Grubhub remains significant. The plaintiffs are also seeking injunctive relief, meaning a court order requiring Grubhub to change how it collects and handles driver biometric data going forward.

No specific total dollar amount has been confirmed in publicly available filings at this stage.

What Should You Do If You Drove for Grubhub in Illinois?

You do not need to do anything right now to protect your place in this case. Class members in a class action are typically included automatically unless they choose to opt out — and no opt-out period has been set yet.

Here is what makes sense to do today:

• Save your Grubhub driver records — earnings summaries, delivery logs, and any communications about your contractor classification
• Document your facial scan experience — if you remember submitting photos through the app for identity verification, note when and how that happened
• Track your actual earnings against Illinois’ current minimum wage for the hours and miles you worked — this documentation could matter later
• Monitor the case through the Cook County Circuit Court clerk’s office or PACER using case number 2026CH04452
• Speak with a consumer rights lawyer if you want to understand your individual options outside of the class action

Do not expect a claim form or settlement announcement soon. This case was just filed, and these types of lawsuits typically take one to three years to resolve.

Grubhub Driver Lawsuit Timeline

Milestone	Date
Plaintiff Morris Begins Driving for Grubhub	2022
FTC / Illinois AG $25M Settlement (Separate Case)	Late 2024
Morris v. Grubhub Filed in Cook County	2026
Class Certification Motion	TBD — not yet filed
Next Scheduled Hearing	TBD — newly filed, none set
Expected Settlement Timeline	TBD — employment and biometric class actions typically resolve in 1–3 years

Frequently Asked Questions

Is there a class action lawsuit against Grubhub for facial scans? 

Yes. Antonio Morris filed a class action lawsuit against Grubhub Inc., Case No. 2026CH04452, in the Circuit Court of Cook County, Illinois, alleging the company collected driver facial scans without obtaining the written consent required under Illinois’ Biometric Information Privacy Act.

Do I need to do anything right now to be included in the Grubhub lawsuit? 

No. Most class members are automatically included unless they opt out. No opt-out period or claim form exists yet. Keep your driving records and watch this page for updates when those steps become available.

When will a settlement be reached in the Grubhub case?

 TBD — the case was just filed. Employment and BIPA class actions of this type typically take one to three years to resolve. No settlement negotiations have been publicly reported at this stage.

Can I file my own wage or privacy lawsuit against Grubhub instead of joining this class action?

Yes. If you believe your individual damages are significant — particularly on unpaid wages — you have the right to pursue a separate claim. Consult a free legal consultation with an employment attorney to understand whether an individual action or class membership makes more sense for your situation.

How will I know if the Grubhub lawsuit settles? 

If a settlement is reached and you are part of the certified class, you will receive a mailed or emailed notice. You can also monitor the Cook County Circuit Court docket using case number 2026CH04452, or check back here — this article will be updated the moment a settlement is filed.

What is BIPA and why does it matter for Grubhub drivers? 

BIPA — the Illinois Biometric Information Privacy Act (740 ILCS 14/) — requires companies to get written consent before collecting facial scans or other biometric data, and to explain in writing how long that data will be kept. The Grubhub lawsuit alleges drivers were required to submit facial scans through the driver app without that legally required consent being obtained. Violations can result in $1,000 to $5,000 in statutory damages per affected person.

Has Grubhub faced wage theft or worker misclassification claims before?

 Yes. After 11 years of litigation, Grubhub Holdings Inc. agreed to pay $24,750,000 to settle a separate California class action alleging it misclassified delivery drivers as independent contractors, failed to reimburse necessary business expenses, and did not pay minimum wage or overtime as required by California law. That California settlement’s claim deadline is June 18, 2026. The new Illinois case is a separate lawsuit.

Sources & References

• Morris v. Grubhub Inc., Case No. 2026CH04452, Circuit Court of Cook County, Illinois — cookcountyclerkofcourt.org
• Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/ — ilga.gov
• Grubhub Driver Privacy Policy (Biometric Data Collection Disclosure) — driver.grubhub.com/privacy-policy
• FTC v. Grubhub, $25 Million Settlement, December 2024 — ftc.gov

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against publicly available court filings and official sources. Last Updated: May 23, 2026.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.