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To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves, settles, and releases all of the Settlement Class Members’ known and unknown claims against Defendant relating to the collection or possession of biometric identifiers or biometric information as alleged in the Complaint in 2023LA68. The Settlement requires Defendant to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and an incentive award to the Class Representative(s), if approved by the Court. The Settlement is not an admission of wrongdoing by Defendant and does not imply that there has been, or would be, any finding that Defendant violated the law, which Defendant denies.
The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all Settlement Class Members, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to receive the relief offered by the Settlement. If the Court does not give final approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.
(1) Make a Claim.
If you wish to participate in the monetary benefits provided by the settlement, you must complete a Claim Form (available here) and submit it to the Settlement Administrator by December 22, 2023.
(2) Do Nothing.
If you do nothing, you will still be considered part of the Settlement, you will release your claims against Defendant for BIPA violations, however, you will not receive any payment from the Settlement.
(3) Exclude yourself.
You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against Defendant and the Releasees (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Releasees at your own risk and expense. To exclude yourself from the Settlement, you must mail, by first class mail, postage prepaid, and postmarked, a signed Exclusion request to the Settlement Administrator which must be postmarked no later than December 22, 2023.
(4) Object to the Settlement.
If you wish to object to the Settlement, you must submit your written objection by filing it, together with the documentation listed below, with Williamson County Circuit Clerk, 407 N Monroe, Marion, Illinois 62959 no later than December 22, 2023. You must also serve a copy of your objection to the Settlement Administrator, attorneys for all Parties to the lawsuit, including Class Counsel (addresses below), as well as the attorneys representing Defendant (Mary A. Smigielski & Michael J. Roman, Lewis Brisbois Bisgaard & Smith LLP, 550 W. Adams, Suite 300, Chicago, Illinois 60661), postmarked no later than December 22, 2023. Any objection to the proposed Settlement must include your (i) full name, address, and telephone number; (ii) the case name and number of this Litigation; (iii) the date range during which you were employed by Defendant; (iv) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (v) the identification of any other objections you have filed, or have had filed on your behalf, in any other class action cases in the last four years; and (vi) your signature. If you hire an attorney in connection with making an objection, that attorney must also file with the Court a notice of appearance by the objection deadline of December 22, 2023. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.
You may appear at the Final Approval Hearing, which to be held on January 19, 2024 at 10:00 a.m. in Suite 100 of the Williamson County Courthouse via Zoom (Meeting ID: 841 1681 1373; Password: 733810), in person or through counsel to show cause of why the proposed Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for an incentive award to the Class Representative are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing.
The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.
Diana E. Wise
Wise Law LLC
637 W Highway 50 #601
O’Fallon, IL 62269
This website is only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained here or contacting the Settlement Administrator - Kroll Settlement Administration - at the address below. If you have any questions, you can also call at the numbers or email addresses set forth above. In addition, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.
“K.V.” vs. Ackercamps.com LLC
Kroll Settlement Administration
PO Box 5324
New York, NY 10150-5324