An Illinois court in Sangamon County has preliminarily approved a class action Settlement in the lawsuit Smith, et. al. v. KEDPlasma LLC, Case No. 2023CH000053 (Cir. Ct. Sangamon County, Illinois).

The Lawsuit alleges that KEDPlasma LLC (“Defendant”) violated the Illinois Biometric Information Privacy Act (“BIPA”) by utilizing a system which scanned plasma donors’ finger(s) as part of a plasma donation process without complying with BIPA’s requirements. The Lawsuit alleges that Defendant violated BIPA by collecting alleged biometric data from plasma donors in Illinois without first providing written notice, obtaining written consent, or creating and following a written policy establishing a retention schedule and destruction guidelines for possession of this data.

Defendant denies the allegations in the Lawsuit and denies that it violated BIPA or any other any law and maintains that it complied with the law.

A Settlement was agreed to by the parties to avoid the costs and expense of further litigation and the risks associated therewith. The Court has not decided the merits of the claims against Defendant or Defendant’s defenses to those claims.

The Settlement includes all individuals who scanned their finger at a KEDPlasma donation facility in Illinois as part of a plasma donation process from January 25, 2018 through April 10, 2023.

Rights and Options

Class members may:

1. do nothing, receive a Settlement Payment, and give up certain legal claims;
2. exclude yourself from the Settlement, not receive a Settlement Payment, and not give up any legal claims; or
3. object to the Settlement.

Before any money is paid, the Court will decide whether to grant Final Approval of the Settlement.