Zhirovetskiy v. Zayo Group, LLC, Class Action Case Website

YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU WERE REQUIRED TO PROVIDE A SCAN OF YOUR HAND, PALM OR FINGER FOR SECURITY PURPOSES TO ZAYO GROUP, LLC AT ANY TIME BETWEEN JULY 6, 2012 AND DECEMBER 27, 2017.

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, such as handprints or fingerprints, of another individual for any purpose, including security, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated the BIPA by requiring individuals visiting its colocations and other facilities within the state of Illinois to provide a scan of their hand, palm or finger for security purposes between July 6, 2012, and December 27, 2017 without first providing the requisite disclosures or obtaining the requisite consent. Defendant contests these claims and denies that it violated the BIPA.

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.

WHAT ARE MY OPTIONS?

(1) Accept the Settlement.

To accept the Settlement, you must submit a Claim Form by April 8, 2019. You may obtain a Claim Form by clicking here or by calling the Settlement Administrator and you may submit your Claim Form online by clicking here, by email to the Settlement Administrator at Info@ZayoBIPASettlement.com, or by U.S. Mail to the Settlement Administrator at: Zayo BIPA Settlement, Settlement Administrator, PO Box 404041, Lousiville, KY 40233-4041. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement, and is the only thing you need to do to receive a payment

(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 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 at your own risk and expense. To exclude yourself from the Settlement, you must mail a signed letter to the Settlement Administrator at: Zayo BIPA Settlement, Settlement Administrator, PO Box 404041, Lousiville, KY 40233-4041. The letter must be postmarked by March 8, 2019.  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 a statement that you wish to be excluded from the Settlement Agreement. You may also exclude yourself online by clicking here and submitting the online form.

(3)     Object to the Settlement.

If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Court of the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street, Courtroom 2408, Chicago, Illinois 60602. The objection must be received by the Court no later than March 8, 2019. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (Myles McGuire, Evan M. Meyers, David L. Gerbie, and Jad Sheikali, McGuire Law, P.C., 55 West Wacker Drive, 9th Floor, Chicago, Illinois 60601), as well as the attorneys representing the Defendant (Joseph A. Strubbe, Frederic T. Knape, and Zachary J. Watters, Vedder Price, P.C., 222 North LaSalle Street, Chicago, IL 60601), postmarked no later than March 8, 2019. Any objection to the proposed Settlement must include (i) your full name, address, and telephone number; (ii) the case name and number of this Litigation; (iii) the name or location of the Zayo Group, Inc. colocation(s) or other facility(ies) you used; (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 March 8, 2019. 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.

(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 the Defendant or other Releasees regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.