1. What is the notice and why should I read it?
2. What is a putative class action lawsuit?
3. What is this lawsuit about?
4. Who is included in the Settlement Class?
5. What does the Settlement provide?
6. How do I get a payment?
7. When will I get my payment?
8. Do I have a lawyer in the case?
9. Should I get my own lawyer?
10. How will the lawyers be paid?
11. What happens if I do nothing at all?
12. What happens if I ask to be excluded?
13. How do I ask to be excluded?
14. If I don’t exclude myself, can I sue Defendant for the same thing later?
15. If I exclude myself, can I get anything from this Settlement?
16. How do I object to the Settlement?
17. What’s the difference between objecting and excluding myself from the Settlement?
18. When and where will the Court decide whether to approve the Settlement?
19. Do I have to come to the Final Approval Hearing?
20. May I speak at the Final Approval Hearing?
21. Where do I get more information?
22. How do I get Peoplefinders.com to stop showing my information?
23. Will removing my information from Peoplefinders.com impact my legal rights?
The Court authorized the notice to let you know about a proposed Settlement with Confi-Chek. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.
Judge Lynn Weaver-Boyle of the Circuit Court of Cook County, Illinois, Chancery Division is overseeing this class action. The case is called Eisenberg v. Confi-Chek, Inc., No. 2021-CH-05599 (Cir. Ct. Cook Cnty.). The person who filed the lawsuit, Marilyn Eisenberg, is the Plaintiff. The company she sued, Confi-Chek, Inc., is the Defendant.
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A class action is a lawsuit in which an individual or individuals called the “Class Representative” bring a single lawsuit on behalf of other people who have similar legal claims. All of these people together are a “Class” or “Class Members.” Once a Settlement 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.
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Confi-Chek runs a website called Peoplefinders.com that provides directory services, including various information about people. It’s free to search any person’s first and last name, which results in a free preview of the information potentially related to the person searched. Subscriptions are available via the website. The Illinois Right of Publicity Act, 765 ILCS 1075/1, et seq., prohibits using individuals’ names, addresses, email addresses, work information, job title, or other identifying information to advertise, promote, or in connection with an offer for sale of products or services, without written consent. This lawsuit alleges that Defendant violated the Illinois Right of Publicity Act by allegedly displaying Illinois residents’ identifying information on Defendant’s website, Peoplefinders.com, in connection with a subscription to Defendant’s services between November 2, 2021 and January 1, 2023. The Illinois Right of Publicity Act provides for $1,000 damages per violation. Defendant denies that it did anything wrong and denies that it violated any law.
More information about Plaintiff’s complaint in the lawsuit and the Defendant’s defenses can be found in the “Important Documents” section of this Settlement Website
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You are a member of the Settlement Class if you had an Illinois residential address and your name was displayed on the Peoplefinders.com website and clicked on between November 2, 2021 and January 1, 2023. Excluded from the Settlement Class are (1) any judge or magistrate judge presiding over this Action and members of their families, (2) Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest, (3) persons who properly execute and file a timely request for exclusion from the Settlement Class, and (4) the legal representatives, successors, or assigns of any such excluded persons. If you received a notice of the Settlement via email or in the mail, our records indicate that you are a class member and are included in the Settlement. You may call or email the Settlement Administrator at (844) 804-3201 or info@confichekrightofpublicity.com to ask whether you are a member of the Settlement Class.
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Cash Payments. If you’re eligible, you can file a claim to receive a cash payment. Payments to Settlement Class Members who submit a valid Claim Form are estimated to be $89 to $178, but the settlement payments could be more or less depending on the number of valid claims submitted. These will be a pro rata, or equal, share of a $4,896,540 fund that Defendant agreed to create for the Settlement Class, after the payment of Settlement expenses, attorneys’ fees, and any incentive award for the Class Representative approved by the Court.
Prospective Relief. Under the Settlement, Defendant has agreed not to display the name of any Settlement Class Member whose location, according to Defendant’s database, remains in Illinois, on any page on its website that includes a subscription offer Defendant’s products or services by the Settlement’s Effective Date, and to refrain from doing so for a period of three years thereafter.
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If you are a Settlement Class Member and you want to get a payment, you must complete and submit a valid Claim Form by October 7, 2024. If you received an email notice, it contained a link to the online Claim Form, which is also available on this website here and can be filled out and submitted online. The online claim form lets you select to receive your payment by Venmo, Zelle, or check. A paper Claim Form with pre-paid postage was attached to the postcard notice you may have received in the mail. If you send in a paper Claim Form and it is approved, you will receive a check by mail.
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The hearing to consider the fairness of the Settlement is scheduled for November 14, 2024 at 1:00 p.m. If the Court approves the Settlement, Class Members whose claims were approved by the Settlement will be issued a check or electronic payment (as chosen by the Class Member) within 28 days after the Settlement Effective Date. Please be patient. Uncashed checks and electronic payments that are unable to be completed will expire and become void 180 days after they are issued and will revert to the Settlement Fund to be distributed pro rata to claiming Settlement Class Members or, if redistribution is not feasible, or if residual funds remain after redistribution, to Legal Aid Chicago, subject to approval of the Court.
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Yes, the Court has appointed lawyers Eli Wade-Scott, Ari J. Scharg, and Michael Ovca from Edelson PC and Philip L. Fraietta from Bursor & Fisher, PA as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff Marilyn Eisenberg to serve as the Class Representative. She is a Class Member like you. Class Counsel can be reached by calling (312) 589-6370.
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You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you do so, you will have to pay that lawyer.
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Class Counsel will ask the Court for attorneys’ fees of up to 35% of the Settlement Fund, plus expenses, and will also request an incentive award of $1,000 for the Class Representative from the Settlement Fund. If the Settlement is finally approved, the Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any award to the Class Representative. The Court may award less than the amounts requested.
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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 Defendant or the other Released Parties regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.
To submit a Claim Form, or for information on how to request exclusion from the Settlement Class or file an objection, please review the Important Documents on this website. You may also call (844) 804-3201 for more information about the Settlement.
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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 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.
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You can mail or email a request stating that you want to be excluded from the Settlement. Your request must: (a) be in writing; (b) identify the case name Eisenberg v. Confi-Chek, Inc., No. 2021-CH-05599 (Cir. Ct. Cook Cnty.); (c) state the full name and current address of the person seeking exclusion; (d) be signed by the person(s) seeking exclusion; and (e) be postmarked or received by the Settlement Administrator on or before October 7, 2024. Each request for exclusion must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in Eisenberg v. Confi-Chek, Inc., No. 2021-CH-05599 (Cir. Ct. Cook Cnty.).” You must mail or email your exclusion request no later than October 7, 2024 to:
Eisenberg v. Confi-Chek, Inc.
c/o/ Settlement Administrator
P.O. Box 25481
Santa Ana, CA 92799
-or-
info@confichekrightofpublicity.com
You can’t exclude yourself over the phone. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs. Each request for exclusion must be submitted individually.
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No. Unless you exclude yourself, you give up any right to sue Defendant and any other Released Party for the claims being resolved by this Settlement.
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No. If you exclude yourself, you will not receive a payment.
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If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file a letter or brief with the court stating that you object to the Settlement in Eisenberg v. Confi-Chek, Inc., No. 2021-CH-05599 (Cir. Ct. Cook Cnty.) no later than October 7, 2024.
The objection must be in writing, personally signed by the objector, and must include: (a) the person’s full name and current address, (b) a statement that he or she believes himself or herself to be a member of the Settlement Class, (c), the specific grounds for the objection, (d) all documents or writings that the person desires the Court to consider, (e) the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection, and (f) a statement indicating whether the objector intends to appear at the Final Approval Hearing (either personally or through counsel, who must file an appearance or seek pro hac vice admission). All written objections must be filed with the Court and postmarked, emailed, or delivered to Class Counsel and Defendant’s Counsel no later than the October 7, 2024.
If you hire an attorney in connection with making an objection, that attorney must file an appearance with the Court or seek pro hac vice admission to practice before the Court, and electronically file the objection by the objection deadline of October 7, 2024. 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.
In addition to filing your objection with the Court, you must send via mail, email, or delivery service, by no later than October 7, 2024, copies of your objection and any supporting documents to both Class Counsel and Defendant’s lawyers at the addresses listed below:
Class Counsel | Defendants’ Counsel |
Philip L. Fraietta | Pamela Q. Devata |
Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees and incentive awards on September 23, 2024.
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Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be a Settlement Class Member. If you exclude yourself, you have no basis to object because the case no longer affects you.
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The Court will hold a Final Approval Hearing on November 14, 2024 at 1:00 p.m before the Honorable Lynn Weaver-Boyle at the Richard J. Daley Center, 50 West Washington Street, Courtroom 2502, Chicago, IL 60602 or via remote means as instructed by the Court. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representative.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this website.
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No. Class Counsel will answer any questions the Court may have. You are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria required and described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
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Yes. If you do not exclude yourself, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement. If you filed an objection (see Question 16 above) and intend to appear at the Final Approval Hearing, you must state your intention to do so in your objection.
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The Notice summarizes the proposed Settlement. More details, including the Settlement Agreement and other documents are available here or at the Clerk’s Office in the Richard J. Daley Center, 50 West Washington Street, Chicago, IL 60602, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays and any closures. You can also contact Class Counsel at (312) 589-6370 with any questions.
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Although, under the settlement, Defendant has agreed not to display the name of any Settlement Class Member whose location, according to Defendant’s database, remains in Illinois, on any page on its website that includes a subscription offer to Defendant’s products or services by the Settlement’s Effective Date, and to refrain from doing so for a period of three years thereafter, your name may still appear on any page on Defendant’s website that does not include a subscription offer to Defendant’s products or services.
If you would like to remove your information from Defendant’s website, you can submit a request through https://www.peoplefinders.com/opt-out and complete the prompts as directed. Removal requests may take time to process.
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No. Your choice to remove your information from Defendant’s website has no bearing on your ability to collect from this Settlement. Removing your information from Defendant’s website is not the same as excluding yourself from the Settlement. These opt-out processes are available to all individuals with a listing on Defendant’s website whether or not they are Settlement Class Members. These processes are not related to this Settlement in any way.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, THE DEFENDANT, OR THE
DEFENDANT’S LAWYERS WITH QUESTIONS ABOUT THE SETTLEMENT OR DISTRIBUTION OF
SETTLEMENT PAYMENTS
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