Welcome to the Aspel v. Incode Technologies, Inc. Website

IF YOU WERE IN ILLINOIS AND UPLOADED A SELFIE AND A PHOTO ID TO A MOBILE APP OR WEBSITE FOR IDENTITY VERIFCATION PERFORMED BY INCODE TECHNOLOGIES, INC. BETWEEN NOVEMBER 11, 2018 AND AUGUST 5, 2024, YOU MAY BE ABLE TO CLAIM A PAYMENT FROM A CLASS ACTION SETTLEMENT.

This is an official court notice. You are not being sued. This is not an ad for a lawyer.

A Settlement has been reached in a class action lawsuit between Incode Technologies, Inc. (“Defendant” or “Incode”) and individuals who, while in Illinois, uploaded a selfie and a photo ID to certain apps or websites for identify verification. Defendant provides identity verification software that is built into certain apps and websites used by consumers. The lawsuit claims that, in performing identity verification on individuals in Illinois, Defendant violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by collecting individuals’ biometric data without complying with the law’s requirements. Defendant denies that it violated any law or that the law applies to its conduct. The Court has not decided who is right or wrong.

If you received a notice of this Settlement in the mail or by e-mail, our records indicate that you are a member of the class of people covered by the Settlement. Those included in the Settlement may submit a claim form online or by mail to receive a settlement payment. Included in the Settlement are those who, while in Illinois, uploaded their selfie and photo ID to any application, software, or website operated by an Defendant customer, and subsequently to Defendant, between November 11, 2018 and August 5, 2024 without first having executed a written release or consent form naming Defendant.

If the Court approves the Settlement, members of the Settlement Classes who submit valid claims will receive an equal, or pro rata, share of the $4,000,000 fund that Defendant agreed to create for Class Members, after all notice and administration costs, incentive awards, and attorneys’ fees have been paid. Individual payments to Class Members who submit timely and valid claim forms are estimated to be between $65 and $240. These settlement payments could be more or less depending on the number of valid claims submitted.

Please read this notice carefully. Your legal rights are affected whether you act, or don’t act.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

These rights and options—and the deadlines to exercise them—are explained in this notice.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved and will be paid in installments as described in this notice. Please be patient.

SUBMIT A CLAIM FORM

This is the only way to receive a payment. You must submit a complete and valid claim form either online or by mail before November 25, 2024.

DO NOTHING

You will receive no payment under the Settlement and give up your rights to sue Defendant and certain related companies and individuals about the issues in this case.

EXCLUDE YOURSELF

You will receive no payment, but you will retain any rights you currently have to sue Defendant about the issues in this case.

OBJECT

Write to the Court explaining why you don’t like the Settlement.

ATTEND A HEARING

Ask to speak in Court about the fairness of the Settlement.