NOTICE OF CLASS ACTION SETTLEMENT
Crosby v. Courier Express One, Inc., Case No. 2019-CH-03391
(Circuit Court of Cook County, Illinois; Judge Jacobius)
An Illinois State Court authorized this Notice. You are not being sued.
This is not a solicitation from a lawyer.
The Circuit Court of Cook County preliminarily approved a class action settlement in the case Christopher Crosby v. Courier Express One, Inc., Case No. 2019-CH-03391 (the “lawsuit”). You are receiving this notice because records show that you worked at Courier Express One, Inc., (“CEO”) during the time period covered by the lawsuit. CEO has agreed to pay $88,436 to settle the lawsuit. This notice explains your options. You may: (1) do nothing and get a settlement payment; (2) exclude yourself from the settlement and not receive a settlement payment; or (3) object to the settlement. Before any money is paid, the Court will decide whether to grant final approval of the settlement.
What Is This Lawsuit About?
The lawsuit alleges that CEO violated an Illinois law called the Biometric Information Privacy Act (“BIPA”) by collecting Illinois employees’ finger scan data on a timekeeping system without obtaining their prior written consent. CEO denies any wrongdoing and maintains that it has not violated any laws. The settlement does not establish who is correct, but rather is a compromise to end the lawsuit and avoid the uncertainties and expenses associated with ongoing litigation.
You can learn more about the lawsuit or review the Settlement Agreement by contacting Class Counsel, Fish Potter Bolaños, P.C. P.C., at (630) 355-7590.
Who Is Included in the Settlement?
The settlement includes all current and former employees of CEO who worked at facilities in the State of Illinois who had their fingers scanned and collected, captured, received, or otherwise obtained or disclosed by CEO without providing prior written authorization AND who have not released their claims pursuant to a settlement agreement following notice of this pending action (“Class Members”).
There are 75 Class Members.
What Can I Get Out of the Settlement?
If you’re eligible and the Court approves the Settlement, CEO has agreed to pay a gross payment of $88,436,000 to 75 class members which is inclusive of compensation of expenses, costs, administration expenses, and incentive awards, and up to 35% of the settlement amount’s initial amount of $85,000 to class members in legal fees. These amounts will be deducted from each payment before the payments are disbursed, which, if granted, class counsel expect will result in payments to Class Members of approximately $678.78
Unless you exclude yourself from the settlement as explained below, you will release CEO from any and all actual or potential claims regarding the alleged collection, storage, and dissemination of biometric data including all claims that were brought or could have been brought in the lawsuit. This release is more fully explained in paragraph 3.1 of the Agreement. The Agreement is available to view at the Clerk’s Office, Circuit Court of Cook County, 50 West Washington St., Chicago, IL, 60602 during regular business hours or on the following Internet page: www.fishlawfirm.com/courier.
What Are Your Options?
(1) If you want to participate in the settlement and receive a settlement payment, do nothing. A check will be mailed to you if the Court grants final approval of the settlement.
(2) If you do not want to be legally bound by the settlement, you must exclude yourself by October 19, 2020 To do so, you must mail your written request for exclusion to the Settlement Administrator. Your written request for exclusion must identify the name of the case and case number, Christopher Crosby v. Courier Express One, Inc., Case No. 2019-CH-03391, include your full name and current address, a statement that you wish to be excluded from the settlement and must be personally signed by you. If you exclude yourself, you will not receive money from this settlement, but you will retain your legal rights regarding any claims that you may have against CEO.
(3) You may object to the settlement by October 19, 2020 if you have not already excluded yourself from the settlement. If you want to object to the settlement, you must file the objection with the Clerk of the Court at Cook County Courthouse, 50 West Washington St., Chicago, IL, 60602 and mail a copy of the written statement to Class Counsel and CEO’s Counsel at the addresses below by October 19, 2020.
Fish Potter Bolaños, P.C., P.C.
200 E. 5th Avenue, Suite 123
Naperville IL 60563
Roetzel & Andress, LPA
1375 E. 9th St., 10th Floor
Cleveland, OH 44114
The written objection must include the case name and number, Christopher Crosby v. Courier Express One, Inc., Case No. 2019-CH-03391, your full name and current address, the specific grounds for the objection, all information you wish for the Court to consider, the name and contact information of your attorney, if any, and a statement indicating whether you intend to appear at the Final Approval hearing. No Class Member will be entitled to object to the settlement unless written notice of the Class Member’s intention has been mailed to the Clerk of the Court by October 19, 2020 and copies provided to Class Counsel and CEO’s Counsel.
How do I update my Contact Information?
You must notify the Settlement Administrator of any changes in your mailing address so that your settlement award will be sent to the correct address. To update your address, contact the Settlement Administrator, at the address listed below.
When is the Final Approval Hearing?
The Court will hold a hearing in this case on November 4, 2020, in Courtroom 2403 of the Circuit Court of Cook County, 50 West Washington St., Chicago, IL, 60602 at 10:00 am, to consider, among other things, (1) whether to approve the settlement; (2) a request by the lawyers representing all class members for an award of no more than 35% of the settlement fund’s initial amount of $85,000 in attorneys’ fees plus costs; and (3) a request for a service award of $3,000 for the Class Representative. You may appear at the hearing, but you are not required to do so.
If you have any questions or for more information, contact Class Counsel at: 630-355-7590
LEGAL DOCUMENTS AVAILABLE FOR REVIEW: