Mighty Cake Company Fingerprint Settlement, Illinois Employees Get Automatic Payments No Claim Form Required

The Mighty Cake Company BIPA Settlement is a $100,000 class action settlement where Illinois employees whose fingerprints were scanned in the company’s timekeeping system between January 9, 2019 and March 4, 2022 will automatically receive a pro-rata cash payment — with no claim form to file. The case, Nery v. Mighty Cake Company LLC, Case No. 2022CH01867, is pending in the Circuit Court of Cook County, Illinois. If you received a settlement notice in the mail, your payment is coming — you just need to do nothing.

Quick-Facts: Mighty Cake Company BIPA Settlement

Field	Detail
Settlement Amount	$100,000
Claim Deadline	None — payment is automatic for all notified class members who do not opt out
Who Qualifies	Illinois employees who scanned their finger in Mighty Cake’s timekeeping system between January 9, 2019 and March 4, 2022
Payout Per Person	TBD — pro-rata share of the Net Settlement Fund divided equally among all eligible class members
Proof Required	No
Settlement Status	Preliminarily Approved — Awaiting Final Approval Hearing
Administrator	Simpluris — Mighty Cake Company Settlement, c/o Settlement Administrator, PO Box 25226, Santa Ana, CA 92799
Official Website	mightycakefingerprintsettlement.com
Last Updated	April 28, 2026

Current Status of the Mighty Cake Settlement

• Settlement notices were mailed to class members beginning April 27, 2026.
• The opt-out and objection deadline is June 25, 2026.
• The Final Approval Hearing is scheduled for July 10, 2026 at 9:30 a.m. at the Cook County Courthouse, 50 West Washington Street, Chicago, IL 60602 (also available via Zoom: Meeting ID 956 5899 1093, Passcode 129359).
• Payments will go out by check after the court grants final approval and any appeals are resolved.

What Is the Mighty Cake Lawsuit About? Nery v. Mighty Cake Company LLC, No. 2022CH01867

Plaintiff Josefina Nery filed this lawsuit alleging that Mighty Cake Company LLC collected employee fingerprints through its timekeeping system without first making the disclosures or obtaining the written consent required by the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1, et seq.

BIPA is one of the strongest biometric privacy laws in the country. It requires any private company operating in Illinois to tell workers in writing exactly what biometric data is being collected, why it is being collected, and how long it will be kept — before collecting a single scan. The law also requires written consent. Mighty Cake allegedly skipped all of that.

This type of employment class action settlement has become increasingly common in Illinois. Major companies including Google and YouTube have faced BIPA fingerprint and facial scan claims worth millions of dollars, and the legal standard is the same regardless of company size. Mighty Cake denies all wrongdoing but agreed to pay $100,000 to resolve the case and avoid further litigation.

Are You Part of the Mighty Cake BIPA Class Action?

If you worked for Mighty Cake Company LLC in Illinois and used a fingerprint scanner to clock in or out, here is how to know whether this settlement includes you.

You may be part of this class if:

• You scanned your finger in Mighty Cake Company’s timekeeping system in Illinois
• You did so at any point between January 9, 2019 and March 4, 2022
• You did NOT sign a written biometric consent form before your first scan
• You received an official settlement notice letter from Simpluris in late April 2026

You are likely NOT included if:

• You worked for Mighty Cake outside the state of Illinois
• You are one of the individuals specifically named as excluded in the settlement agreement (a list of 15 named individuals including certain managers and owners)
• You are a judge or court staff member involved in this case

If you received a notice, you are already confirmed as a class member based on Mighty Cake’s own employee records. You do not need to prove anything or file a claim.

What Will the Mighty Cake Settlement Pay?

Because no claim form is required, the legal settlement payout works differently here than in most data breach or consumer cases.

Every class member who received notice and does not opt out will receive an equal pro-rata share of the Net Settlement Fund. That net amount is calculated by subtracting three things from the $100,000 total:

• Attorneys’ fees and costs: Class Counsel has requested 40% of the fund — up to $40,000
• Service award to plaintiff Josefina Nery: $5,000
• Settlement administration costs: TBD — determined by Simpluris after claims processing

Whatever remains after those deductions gets divided equally among all eligible class members. The exact per-person amount depends on how many people are on the class list and how many opt out. The court may award less than the amounts requested for fees and the service award, which would increase the net fund available to class members.

For context, workplace fingerprint privacy settlements under BIPA with similar fund sizes have paid anywhere from a modest flat amount to several hundred dollars per person, depending on class size. The smaller the class, the larger the individual share.

What Should You Do Right Now?

This settlement runs on an automatic payment model — the simplest structure in class action law. Here is what your options are:

Option 1 — Do nothing and get paid. If you received a notice and do nothing before June 25, 2026, you will stay in the class and receive a check by mail after final approval. This is what most people should do.

Option 2 — Opt out by June 25, 2026. If you want to preserve your right to sue Mighty Cake separately over these fingerprint scans, mail a written exclusion request postmarked by June 25, 2026 to: Mighty Cake Company Settlement, c/o Settlement Administrator, PO Box 25226, Santa Ana, CA 92799. Include your full name, address, telephone number, the case name and number, and a statement that you want to be excluded. Consult a consumer rights lawyer before opting out — individual BIPA cases are complex and there is no guarantee of a larger recovery.

Option 3 — Object by June 25, 2026. If you believe the settlement terms are unfair, you can file a written objection with the Clerk of the Circuit Court for Cook County, Illinois. You must also serve copies on Class Counsel and defense counsel by the same date. You cannot both opt out and object.

Save your settlement notice. It confirms your class membership and documents your eligibility if any payment questions arise later.

Mighty Cake Company BIPA Lawsuit Timeline

Milestone	Date
Lawsuit Filed	2022 (Case No. 2022CH01867)
Preliminary Approval Granted	Prior to April 2026
Settlement Notices Mailed	April 27, 2026
Opt-Out / Objection Deadline	June 25, 2026
Final Approval Hearing	July 10, 2026
Expected Payment Date	TBD — approximately 30–60 days after final approval, assuming no appeals

Frequently Asked Questions

Is there a class action lawsuit against Mighty Cake Company? 

Yes. Nery v. Mighty Cake Company LLC, Case No. 2022CH01867, is pending in the Circuit Court of Cook County, Illinois. The lawsuit alleges Mighty Cake violated BIPA, 740 ILCS 14/1, by collecting employee fingerprints without written consent between January 9, 2019 and March 4, 2022.

Do I need to do anything right now to receive my Mighty Cake payment?

 No. If you received a notice from the Simpluris settlement administrator and you do not opt out before June 25, 2026, a check will automatically be mailed to you after the court grants final approval. There is no claim form to file.

How much will I get from the Mighty Cake settlement?

 The exact amount is TBD — it depends on total administration costs and the number of class members who remain in the settlement. The net fund is $100,000 minus attorneys’ fees (up to $40,000), a $5,000 plaintiff service award, and administration costs — divided equally among all eligible class members who do not opt out.

When will a payment be issued in the Mighty Cake case? 

The Final Approval Hearing is scheduled for July 10, 2026. If the court approves the settlement and no appeals follow, Simpluris will issue checks by mail to class members — typically within 30 to 60 days after the order becomes final. Contact the administrator at (833) 386-6540 for timing updates.

Can I file my own lawsuit against Mighty Cake instead? 

Yes, but only if you opt out of this settlement by June 25, 2026. If you remain in the class, you release your individual BIPA claims against Mighty Cake. An employment discrimination attorney or BIPA specialist can advise you whether opting out makes sense for your specific situation.

How will I know if the Mighty Cake settlement receives final approval?

 Monitor mightycakefingerprintsettlement.com for updates after the July 10, 2026 hearing. The settlement administrator will also mail payment checks once final approval is granted. You can call Simpluris directly at (833) 386-6540 with questions.

Will my Mighty Cake settlement payment affect my taxes?

 Possibly. Payments from workplace harassment claims and employment privacy settlements may be treated as taxable income by the IRS. Consult a tax professional about how your specific payment will be classified before filing your return.

Sources & References

1. Official Settlement Website — mightycakefingerprintsettlement.com
2. Settlement FAQ — Nery v. Mighty Cake Company LLC
3. Illinois Biometric Information Privacy Act — 740 ILCS 14/1

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against the official settlement website at mightycakefingerprintsettlement.com and court records for Case No. 2022CH01867, Circuit Court of Cook County, Illinois. Last Updated: April 28, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.