Legal Rights and Options

You have 4 options:

(1) Exclude yourself.

If you do not want the money from the Settlement, you may exclude yourself. If you do so, you will not receive any cash payment, but you will not release any claims you may have against Defendants and the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have, including pursuing your own lawsuit against Defendants at your own risk and expense. To exclude yourself from the settlement, you must mail a signed letter to the Settlement Administrator at Wenzak BIPA Settlement, c/o Analytics Consulting LLC, P.O. Box 2006, Chanhassen, MN, 55317-2006, postmarked no later than June 20, 2023. The exclusion letter must state that you exclude yourself from this Settlement and must include the name and case number of this Litigation, as well as your full name, address, telephone number, and signature, and a statement that you wish to be excluded.

(2) Object to the Settlement.

If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Circuit Court of DuPage County. The objection must be received by the Court no later than June 20, 2023. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Fish Potter Bolaños, PC, 200 E. 5th Avenue, Suite 115, Naperville IL 60563), as well as the attorneys representing Defendants (John P. Ryan and Joseph D. Kern of Hinshaw & Culbertson, LLP, 151 N. Franklin Street, Suite 2500, Chicago, IL 60606), postmarked no later than June 20, 2023. Any objection to the proposed settlement must include your (a) full name and current address, (b) a statement that you believe yourself to be a member of the Settlement Class, (c) the specific grounds for the objection, (d) all documents or writings that you desire the Court to consider, (e) the name and contact information of any and all attorneys representing you in connection with the objection, (f) a statement indicating whether you intend to appear at the Final Approval Hearing; and (g) 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 June 20, 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 is to be on July 17, 2023 at 9:00 a.m., in person, via remote means, or through counsel to show cause of why the proposed Agreement 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 the incentives awards to the Class Representatives 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.

(3) Do Nothing.

If you are a Class Member and do nothing, you will NOT receive a monetary benefit from the Settlement and you will give up your rights as set forth in this Notice and the Settlement Agreement.

(4) Submit a Claim Form.

If you are a Class Member and submit a valid claim form here by June 20, 2023, then you will receive a share of the settlement fund and will be giving up your rights as set forth in the Settlement Agreement.