Rottner v. Palm Beach Tan, Inc.
Circuit Court of Cook County, Illinois
Case No 2015-CH-16695
UPDATE: THE COURT HAS APPROVED THE SETTLEMENT. THE FIRST PAYMENT OF $322.52 WAS SENT OUT ON AUGUST 18, 2022. THREE SUBSEQUENT PAYMENTS OF AN EQUAL AMOUNT WILL FOLLOW EACH YEAR AND ARE ANTICIPATED ON SEPTEMBER 4.
IF YOU USED A FINGER SCANNER AT A PALM BEACH TAN TANNING SALON IN ILLINOIS BETWEEN NOVEMBER 13, 2010 AND MARCH 24, 2016, YOU CAN CLAIM A PAYMENT FROM A CLASS ACTION SETTLEMENT.
• A Settlement has been reached in a class action lawsuit between Palm Beach Tan, Inc. and PBT Acquisition I, LLC (“Defendants” or “Palm Beach Tan”) and certain individuals who visited a Palm Beach Tan salon in the state of Illinois. The lawsuit claims that Palm Beach Tan violated an Illinois law called the Illinois Biometric Information Privacy Act (“BIPA”) by collecting individuals’ fingerprint data through a fingerprint-scanning identification system at its tanning salons throughout Illinois without complying with the law’s requirements. Palm Beach Tan denies the allegations of the lawsuit and denies that it did anything wrong. The Court has not decided who is right or wrong. The Settlement has been preliminarily approved by a court in Cook County, Illinois.
• You are included in the Settlement if you scanned your finger(s) for tanning purposes at a Palm Beach Tan facility in the state of Illinois between November 13, 2010 and March 24, 2016. If you received a Notice of the Settlement in the mail or by e-mail, our records indicate that you may be a Class Member and you can submit a claim form online or by mail to receive a cash payment.
• If the Court approves the Settlement, Members of the Class who submit valid claims will receive four payments of an equal, or pro rata, share of a $10,300,000 Settlement Fund that Palm Beach Tan has agreed to establish, subject to the terms stated in the Settlement Agreement, after all notice and administration costs, incentive award, and attorneys’ fees have been paid. Individual payments to Class Members who submit a valid Claim Form are estimated to be $700 to $1,400, depending on the number of valid claims submitted. In order to allow Defendants to pay all the money, estimated payments of $175 to $350 will be made once a year for four years.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
| SUBMIT A CLAIM FORM | This is the only way to receive a payment. You must submit a Claim Form either online or by mail before May 30, 2022. |
| DO NOTHING | You will receive no payment under the Settlement and give up your rights to sue Defendants about the issues in this case |
| EXCLUDE YOURSELF | You will receive no payment, but you will retain any rights you currently have to sue Defendants about the issues in this case. |
| OBJECT | Write to the Court explaining why you don’t like the Settlement. |
| ATTEND A HEARING | Ask to speak in Court about the fairness of the Settlement. |
These rights and options—and the deadlines to exercise them—are explained in the Notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after the Court approves the Settlement and any issues with the Settlement are resolved, as is further set forth in the Settlement Agreement. Please be patient.
