If your biometric data was obtained and stored by Foris DAX, Inc. within the state of Illinois between August 1, 2018, and June 5, 2024, you may be entitled to a monetary payment from this settlement.

A proposed settlement has been reached in a class action lawsuit known as Agnew v. Foris DAX, Inc., No. 2024-CH-00435, filed in the Circuit Court of Cook County, Illinois.

The Settlement would resolve a lawsuit brought on behalf of persons who allege that Foris DAX, Inc. (“Defendant”) obtained and stored individuals’ biometrics in Illinois in connection with those individuals’ creation of Crypto.com accounts without first providing them with legally required written disclosures and obtaining written consent. The lawsuit alleges that Defendant violated the Illinois Biometric Information Privacy Act (“BIPA”) by collecting individuals’ biometrics by requiring new users to upload photographs of themselves without first providing the requisite disclosures or obtaining the consent required by BIPA. Defendant denies these claims and denies it violated BIPA.

Settlement Class Members who submit a timely Claim Form that is deemed valid will be entitled to an equal payment paid out of the Settlement Fund after payment is made for administrative expenses, Class Counsel’s attorneys’ fees and expenses, and a Class Representative Service Award. The amount of each valid Claimant’s payment is estimated to be between $30.00 and $60.00, but the exact amount is unknown at this time and depends on several factors, including how many valid Claims are submitted and the amount of costs, attorneys’ fees and expenses.


Your Legal Rights and Options in This Lawsuit
Submit a Claim Form

To accept the Settlement, you must submit a Claim Form by September 3, 2024. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement and is the only thing you need to do to receive a payment.

Object to the Settlement

If you wish to object to the Settlement, you must submit your objection in writing. The objection must be received by the Court no later than September 3, 2024.

Exclude Yourself

You may exclude yourself from the Settlement on an individual basis. If you do so, you will not receive any monetary payment, but you will not release any claims you may have against Defendant. As a Released Party you are then free to pursue whatever legal rights you may have, at your own risk and expense. You must exclude yourself from the Class by September 3, 2024.

Go to a Hearing

The Court will hold the Final Approval Hearing on September 13, 2024 at 11:00 a.m.. You, or an attorney hired by you, may ask to appear and speak at the Final Approval Hearing, but attendance at the hearing is not necessary.

Do Nothing

If you do nothing, you will not receive money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court.

These rights and options—and the deadlines to exercise them—are explained further on the Frequently Asked Questions (FAQs) page.