Welcome to the Luxottica BIPA Settlement Website
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YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU USED THE TRY-ON APPLICATION TOOL ON RAYBAN.COM WHILE IN ILLINOIS BETWEEN SEPTEMBER 20, 2014 AND MAY 27, 2021.
A proposed settlement has been reached in a class action lawsuit under the Illinois Biometric Information Privacy Act regarding biometric facial geometry allegedly collected from consumers who used the Virtual Try-On Application Tool on RayBan.com. The case is Vo v. Luxottica of America Inc., Case No. 2019-CH-10946, currently pending in the Circuit Court of Cook County, Illinois, Chancery Division. The proposed Settlement is not an admission of wrongdoing by the Defendant, and the Defendant denies that it violated the law. The Court has not decided who is right or wrong. Rather, to save the time, expense, and distraction of litigation, the parties have agreed to settle the lawsuit. That Settlement has been preliminarily approved.
You are a member of the Settlement Class if you used the Try-On Application Tool on RayBan.com while in Illinois at any time between September 20, 2014 and May 27, 2021.
The Settlement creates an $8,000,000.00 Settlement Fund to pay valid claims, Settlement Administration Expenses, attorneys’ fees and expenses, and an Incentive Award to the Class Representative. Each Class Member who submits a timely, valid Claim Form may receive a pro rata distribution from the Settlement Fund. The exact amount each valid claimant will receive is currently unknown and will depend on certain unknown factors to be determined, including how many Settlement Class Members submit valid Claim Forms. To receive an equal cash payment from the Settlement Fund, you must submit a Claim Form by May 31, 2022. Class Members can file a Claim Form online at www.RayBanBIPASettlement.com, or visit that website and download a Claim Form and submit it by U.S. mail. Visit the website below or call for more information on filing your claim. Defendant has also agreed to comply, or remain compliant, with the Illinois Biometric Information Privacy Act.
WHAT ARE MY OPTIONS?
(1) Submit a Claim for a Cash Payment
To obtain cash benefits from the Settlement, you must submit a Claim Form by May 31, 2022. You may submit a Claim Form at the File Claim tab above, or you may obtain a copy of the Claim Form at the Case Documents page and submit it by U.S. Mail to the Settlement Administrator at Luxottica of America Inc. BIPA Settlement, P.O. Box 43502, Providence, RI 02940-3502. 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 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. To exclude yourself from the Settlement, you must mail a signed letter to the Settlement Administrator at Luxottica of America Inc. BIPA Settlement, P.O. Box 43502, Providence, RI 02940-3502, postmarked by May 2, 2022. You may also exclude yourself online at www.RayBanBIPASettlement.com by May 2, 2022. 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 email address, and a statement that you wish to be excluded from the Settlement Agreement.
(3) Object to the Settlement
If you wish to object to the Settlement, you must submit your objection in writing to Clerk of the Court of the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street, Room 802, Chicago, IL 60602. The objection must be received by the Court no later than May 2, 2022. 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, and David L. Gerbie of MCGUIRE LAW, P.C., 55 West Wacker Drive, 9th Floor, Chicago, IL 60601), as well as the attorneys representing the Defendant (David L. Weinstein, Daniel R. Saeedi, and Andrew S. Murphy of TAFT STETTINIUS & HOLLISTER LLP, 111 East Wacker Drive, Suite 2800, Chicago, IL 60601), postmarked no later than May 2, 2022. Any objection to the proposed Settlement must include: (i) your full name, address, telephone number, and email address; (ii) the case name and number of this action; (iii) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (iv) 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 five years; and (v) 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 May 2, 2022. 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 cannot both object to and exclude yourself from the Settlement Agreement. Any Settlement Class Member who attempts to both object to and exclude themselves from the settlement will be deemed to have excluded themselves and will forfeit the right to object to the Settlement Agreement or any of its terms. If you return both a Claim Form and a written request for exclusion, the request for exclusion shall be deemed void and of no force and effect, and the Claim Form shall be processed under the terms of the Settlement.
You may appear at the Final Approval Hearing, which will be held on June 7, 2022 at 1:00 p.m., in Courtroom 2510 of the Circuit Court of Cook County, IL, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602, in person or through counsel to show cause why the proposed Settlement 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 Final Approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for an Incentive Award to the Class Representative 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. The hearing date and time, and whether the hearing will be conducted remotely, is subject to change by the Court, so please check this website for updates.
For more information and for a Claim Form, visit the Case Documents page, or you can email the Settlement Administrator at info@RaybanBIPAsettlement.com or call 1-855-934-5781.
May 2, 2022
Deadline for Class Members to Exclude themselves from Settlement
May 2, 2022
Deadline for Class Members to Object to the Settlement
May 31, 2022
June 7, 2022 at 1:00 p.m.
Final Approval Hearing*
* The Final Approval Hearing can be accessed via Zoom:
Zoom Meeting ID: 966 9558 1801
Zoom Meeting Password: 160424
Zoom Call-in Number: 312-626-6799