The settlement is finally approved, but the payment process is closed to new participants. Class members had to submit a valid W-9 by February 11, 2026 to receive money. The administrator's documents now include a final approval order following the March 5 hearing. The original notice contemplated checks only after approval and the effective-date process; the public site does not currently confirm a mailing date or completed distribution, so this page does not describe payments as issued.
StatusFinal Approval Granted; Payment Update Not Posted
W-9 DeadlineFebruary 11, 2026 — Passed
Settlement Fund$120,000
Potential BenefitPro Rata Check Based on Individual Damages
Truck drivers alleged that Southway Carriers misclassified them as independent contractors while exercising the type of control associated with employment. The complaint also challenged deductions taken from settlement statements under lease and lease-to-purchase agreements. According to the drivers, those agreements did not comply with federal Truth-in-Leasing requirements and did not authorize the deductions in the manner required by Illinois wage law. The defendants disputed the claims and agreed to settle to avoid the cost, delay, and collection risk of continued litigation; final approval is not a finding that every allegation was proven.
The lawsuit identified a long list of charges that allegedly reduced drivers' take-home pay: deposits, tolls, Transflo charges, insurance, trailer rent, escrow accounts, tickets, vehicle repairs, electronic logging devices, tires, and fuel cash advances. Those categories mattered because the plaintiffs' legal theories focused on whether the lease documents clearly disclosed the charges and whether the deductions were authorized under the Illinois Wage Payment and Collection Act. A deduction appearing on a driver's statement did not by itself establish the value of a settlement award; individual alleged damages were used in the allocation.
One part of the case relied on the federal Truth-in-Leasing regulations in 49 C.F.R. Part 376. Those rules require written leases between authorized carriers and owner-operators to disclose compensation, charge-backs, equipment obligations, and other material terms. The other part relied on the Illinois Wage Payment and Collection Act, which restricts deductions from employee compensation. The plaintiffs argued that the combined effect of alleged misclassification and noncompliant leases deprived drivers of protections under both bodies of law. The settlement resolved the disputed federal and state claims without a trial.
The certified settlement class covered people and entities that entered and operated under a Southway Carriers Lease Agreement or Lease-to-Purchase Agreement from February 6, 2013 through December 2, 2025. Earlier notices sometimes described the ending date as “the present,” but the operative settlement materials use December 2, 2025. The earlier opt-out process had already concluded before the W-9 notice. A person who remained in the class was bound by the release even if no W-9 was submitted.
This settlement did not use a conventional narrative claim form. Instead, the administrator required a completed tax form so that an eligible class member could receive an individual settlement payment. The W-9 supplied the taxpayer information needed for administration; it did not require receipts for each toll, tire, repair, or other challenged deduction. The deadline was February 11, 2026. That requirement is now historical, and the official site should not be treated as accepting a late W-9 unless the administrator expressly says otherwise.
The $120,000 gross fund covers class-member payments as well as court-approved fees, costs, notice and administration expenses, and service awards. The amount left for drivers is divided pro rata according to individual damages. In practical terms, a driver associated with a larger share of the calculated deductions may receive more than a driver with a smaller share. The notice did not promise a uniform check amount. It also stated that payments would be made by paper check and that tax consequences could vary by recipient.
A class member who did not return a timely W-9 was not eligible for a cash payment, but remaining in the class still carried the settlement release. That distinction was one of the most important parts of the original notice: doing nothing did not preserve the right to sue over the released Truth-in-Leasing and wage-deduction claims. The objection deadline of March 2, 2026 and the W-9 deadline are both over, so neither path is currently open.
The original article correctly described the March 5, 2026 hearing as upcoming, but its urgent same-day W-9 language is now obsolete. The official documents page now lists a final approval order, which confirms that the court completed the approval step. Approval does not itself prove that every check has been printed or delivered. Until the administrator posts a mailing notice or distribution accounting, the careful description is final approval granted with payment timing not publicly confirmed.
The dispute illustrates how classification and lease language can affect a driver's economics. Owner-operators may bear expenses that employees do not, but federal leasing rules require transparency about compensation and deductions. Employment classification also affects wage protections, payroll taxes, benefits, workers' compensation, and unemployment coverage. Those broader issues explain the lawsuit, but this settlement applies only to the defined Southway class and the released claims; it does not decide the status of every independent truck driver.
Former participants should use the official Southway documents page for the final approval order and any later administrator update. The archived notice remains useful for the allocation and release terms. A missing check or address problem should be raised through the contact method on that official site rather than by sending tax information to OpenClassActions.
Review the latest information on the official Southway settlement documents website.
Case
Rivers, et al. v. Southway Carriers, Inc., et al.
Case Number
23-cv-00738
Court
U.S. District Court, Northern District of Illinois
Status
Final approval granted
Class Period
February 6, 2013–December 2, 2025
Settlement Fund
$120,000
W-9 Deadline
February 11, 2026
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