Para informacion en Español, haga clic aquí

YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU WERE REQUIRED TO PROVIDE YOUR FINGERPRINT FOR EMPLOYEE TIMEKEEPING PURPOSES BY RALPH LAUREN CORPORATION AT ANY TIME BETWEEN JANUARY 3, 2016 THROUGH DECEMBER 31, 2019, UNLESS YOU HAVE PREVIOUSLY SIGNED A WAIVER OR RELEASE RELATING TO THESE CLAIMS.

 A proposed settlement in a class action lawsuit, Genesis Martinez v. Ralph Lauren Corporation, Case No. 2021-L-000005, currently pending in the Sixteenth Judicial Circuit, Kane County, Illinois (the “Lawsuit”). The Settlement would resolve the Lawsuit brought on behalf of persons who allege that Ralph Lauren Corporation (“Defendant”) required its employees to provide their fingerprint scan for timekeeping purposes without first providing them with legally-required written disclosures and obtaining written consent. Defendant contests these claims and denies that it violated the Illinois Biometric Information Privacy Act. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only.

WHAT IS THIS LAWSUIT ABOUT?

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 fingerprints, of another individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. The Lawsuit alleges that Defendant violated the BIPA by requiring its current and/or former employees to submit their fingerprint scans for timekeeping purposes during the Class Period without first providing the requisite disclosures or obtaining the requisite consent. Defendant contests these claims and denies that it violated the BIPA.

WHO IS IN THE SETTLEMENT CLASS?

You are a member of the Settlement Class if, during the Class Period, you were required to provide your biometric information (e.g., fingerprint scan, etc.) for timekeeping purposes to Defendant within the state of Illinois during the Class Period and have not previously signed a waiver or release relating to these claims. You will be considered a member of the Settlement Class unless you timely file an Exclusion Form.

WHAT ARE MY OPTIONS?

(1)       Accept the Settlement.

To accept the Settlement, you Must submit a Claim Form by March 20, 2023. A Claim Form may be submitted online here or you may request a paper claim form from the Settlement Administrator and submit it via U.S. Mail to the Settlement Administrator whose address will be pre-printed on the accompanying envelope. If the Settlement is approved and your claim is deemed valid, following Final Approval you will receive payment by check or electronic transfer.

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 against the Releasees at your own risk and expense. To exclude yourself from the Settlement, you must submit a request for exclusion online before 11:59 p.m. CST on March 20, 2023 or mail a signed Exclusion Form to the Settlement Administrator, postmarked by March 20, 2023.

(3)       Object to the Settlement.

If you wish to object to the Settlement, you must submit your objection in writing to Kane County Circuit Clerk, Theresa E. Barreiro, 540 S Randall Rd, St. Charles, IL 60174. The objection must be postmarked or received on file no later than March 20, 2023. You must also send a copy of your objection to the attorneys for all Parties to the Lawsuit, including Class Counsel (addresses below), as well as the attorneys representing Defendant (David Poell, Sheppard Mullin Richter & Hampton LLP, 321 North Clark Street, 32nd Floor, Chicago, IL 60654), and to the Settlement Administrator, postmarked or emailed no later than March 20, 2023. Any objection to the proposed Settlement must include the following information: (i) your full name, address, and telephone number and unique identifier assigned by the Settlement Administrator; (ii) the case name and number of this Lawsuit; (iii) the full name, address, telephone number, and email address of the objector’s counsel, and the state bar(s) to which counsel is admitted (if the objector is represented by counsel); and (iv) all grounds for the objection, with factual and legal support for the stated objection. 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 may appear at the Final Approval Hearing, which to be held on May 4, 2023 at 9:00 a.m., in Courtroom 350 of the Kane County Courthouse, 100 W 3rd St, Geneva IL 60134 (or by remote means as authorized), in person or through counsel to show cause of 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 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.