The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information of another individual for any purpose, without first providing such individual with written notice and obtaining a written release. This lawsuit alleges that Defendants violated BIPA by allegedly collecting individuals’ biometric data (i.e., facial geometry scans) through use of certain surveillance cameras enabled with facial recognition technology located in PAD’s Sportsbook in East Peoria, Illinois, without first providing written notice or obtaining a written release. Defendants contest these claims and deny that any surveillance cameras installed at PAD were enabled with facial recognition technology or that biometric data has been collected from any guest.

A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims in the case against Defendants. The Settlement requires Defendants to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and service awards to the Class Representatives, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendants and does not imply that there has been, or would be, any finding that Defendants violated the law.

The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the Class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has preliminarily certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given the 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 submit a Claim Form to receive the relief offered by the Settlement. If the Court does not enter a Final Approval Order approving the Settlement, or if the Settlement Agreement 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.

You are a member of the Settlement Class if you passed through and your face was visible to certain security cameras at PAD’s Sportsbook in East Peoria, Illinois at any time between September 2020 and June 2021. If so, you may be a class member and may submit a Claim Form for a cash payment.

Excluded from the Settlement Class are: (1) any Judge, Magistrate, or mediator presiding over this action and members of their families, (2) Defendants, Defendants’ subsidiaries, parent companies, successors, predecessors, and any entity in which Defendants or Defendants’ parents have a controlling interest, (3) class counsel, and (4) the legal representatives, successors or assigns of any such excluded persons.

Cash Payments. If you filed a timely claim and were deemed eligible, you will receive a cash payment. The amount of such payment will depend on the number of valid Claim Forms submitted. This is an equal share of a $825,000 fund that Defendants agreed to create, after the payment of settlement expenses, attorneys’ fees and costs, and any service awards for the named plaintiffs subject to Court approval.

If you are a Settlement Class member and you want to get settlement benefits, you must have completed and submitted a valid Claim Form by February 6, 2023.

Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Defendants relating to their alleged collection and possession of the biometric data of individuals who visited PAD’s Sportsbook in East Peoria, Illinois between September 2020 and June 2021. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

Settlement payments were sent out on March 16, 2023. All checks will expire and become void 120 days after they are issued. Uncashed checks will be donated to Prairie State Legal Services, as agreed to by the Parties and approved by the Court.

If you did not receive your Settlement payment and would like to request a reissue, we will need that request in writing. Please send a letter with your name, claim number, current address, along with your request for reissue. 

If your address has changed and would like us to re-send your Settlement payment to your new address, please send a letter with your name, claim number, previous address (for verification purposes), and your new address, along with your request for reissue. 

If your name has changed and you would like your Settlement payment reissued to your updated name, please send a letter with your previous name, claim number, current address, a copy of your government-issued ID, and a copy of the legal document showing the name change (marriage license, divorce decree, etc.). 

If the claimant is deceased and you would like to accept the benefits on the claimant's behalf, please send a letter with a copy of the death certificate, a copy of a legal document that identifies and authorizes you (the personal representative) to serve as administrator of the estate, and a copy of your government-issued ID. 

All reissue requests must be received in writing. Please send your reissue request letter, along with any of the information required above, to Pruitt v. PAD Settlement Administrator, c/o JND Legal Administration, PO Box 91344, Seattle, WA 98111.

Yes, the Court has appointed lawyers Ryan F. Stephan and Catherine T. Mitchell of Stephan Zouras LLP, and Steven Smith of Steven Smith Law Group to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiffs Audrey and Anthony Scott Pruitt to serve as the Class Representatives. They are Class Members like you. Class Counsel can be reached by phone or email using the contact information set forth below.

You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer at your own expense.

Class Counsel will ask the Court for attorneys’ fees of up to 35% of the Settlement Fund and costs not to exceed $15,000, and will also request service awards of $7,500.00 for each Class Representative from the Settlement Fund. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representatives. The Court may award less than the amounts requested.

(1)    Accept the Settlement.

To accept the Settlement, you must have submitted a Claim Form by February 6, 2023 by U.S. Mail to the Settlement Administrator at Pruitt v. PAD Settlement Administrator, c/o JND Legal Administration, PO Box 91344, Seattle, WA 98111. If your claim was deemed valid, a check will be mailed to you.

(2)    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 the Released Parties (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 Released Parties at your own risk and expense. All exclusion requests must (a) be in writing; (b) identify the case name Pruitt et al. v. Par-A-Dice Hotel Casino et al., Case No. 2020-L-000003; (c) state the full name and current address of the person in the Settlement Class seeking exclusion; (d) be signed by the person(s) seeking exclusion; and (e) be postmarked or received by the Settlement Administrator on or before the Objection/Exclusion Deadline. Each request for exclusion must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in Pruitt et al. v. Par-A-Dice Hotel Casino et al., Case No. 2020-L-000003.” You must have mailed or e-mailed your exclusion request no later than December 27, 2022 to:

Pruitt v. PAD Settlement Administrator
c/o JND Legal Administration
PO Box 91344
Seattle, WA 98111
 

No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.

(3)    Object to the Settlement.

If you wish to object to the Settlement, you must have file a letter or brief in writing with the Circuit Court for the Tenth Judicial Circuit, Tazewell County, Illinois, Courtroom 101, 342 Court Street, Peoria, Illinois 61554. The objection must have been received by the Court no later than December 27, 2022. You must have also sent a copy of your objection by email to the attorneys for all Parties to the lawsuit, including Class Counsel (Ryan F. Stephan of STEPHAN ZOURAS, LLP, rstephan@stephanzouras.com), as well as Defendants’ Counsel (Matthew D. Provance of MAYER BROWN LLP, mprovance@mayerbrown.com) no later than December 27, 2022. Any objection to the proposed Settlement must have included (a) your full name and current address, (b) a statement why you believe you are a member of the Settlement Class, (c) the specific grounds for your objection, (d) all documents or writings that you wish the Court to consider, (e) the name and contact information of any attorneys representing, advising, or in any way assisting you with the preparation or submission of the objection; and (f) a statement indicating whether you intend to appear at the Final Approval Hearing. If you hired an attorney in connection with making an objection, that attorney must have also filed with the court a notice of appearance by the objection deadline of December 27, 2022. If you did not hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you excluded yourself from the Settlement, you cannot file an objection.

(4)    Do Nothing.

If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against Defendants or other Released Parties regarding any of the Released Claims.

The Court held the Final Approval Hearing at 10:00am on February 22, 2023 before the Honorable Judge Paul E. Bauer either via Zoom or in person in Courtroom 101 of the Circuit Court for the Tenth Judicial Circuit, Tazewell County, Illinois, 342 Court Street, Peoria, Illinois 61554. The purpose of the hearing was for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class; and whether it was made in good faith. At the hearing, the Court heard all objections and arguments concerning the fairness of the proposed Settlement.

No. Class Counsel will answer any questions the Court may have. You were, however, welcome to come at your own expense. If you sent an objection, you did not have to come to Court to talk about it. As long as your written objection was filed or mailed on time and met the other criteria described in the Settlement, the Court considered it. You may also have paid a lawyer to attend, but you did not have to.

Yes. If you did not exclude yourself from the Class, you may have asked the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection and intend to appear at the hearing, you must have stated your intention to do so in your objection.

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.

Ryan F. Stephan
Catherine T. Mitchell
STEPHAN ZOURAS, LLP
100 N. Riverside Plaza, Suite 2150
Chicago, Illinois 60606
Tel: 312-233-1550
rstephan@stephanzouras.com
cmitchell@stephanzouras.com

The Notice 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 found at Important Documents. If you have any questions, you can also contact Class Counsel at the number or email addresses set forth above. In addition to the documents available on the case website, 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. 

PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANTS WITH 
QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.