Why did I get this Notice This is a court-authorized notice of a proposed settlement in a class action lawsuit, Xxxxx, et. al. v. Macoupin Energy, LLC; 2017L24, Macoupin County, State of Illinois, Illinois, pending in the Circuit Court. The Settlement would resolve a lawsuit brought on behalf of persons who allege that Macoupin Energy LLC, Xxxxxx Mining LLC, Hillsboro Energy LLC, Xxxxxx Mining LLC, Mach Mining LLC, Viking Mining LLC, M-Class Mining LLC, and Xxxxxxxxxx Energy LLC, (“Defendants”) required its employees to provide their hand scan for timekeeping purposes without first providing them with legally-required written disclosures and obtaining written consent. Defendants contest these claims and deny that they violated the Illinois Biometric Information Privacy Act. If you received this notice, you have been identified as someone who fits the Class Definition. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. This notice explains the nature of the class action lawsuit, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so that you can better understand your legal rights. 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. This lawsuit alleges that Defendants violated the BIPA by requiring their current and/or former employees to submit their hand scan for timekeeping purposes during the Class Period without first providing the requisite disclosures or obtaining the requisite consent. Defendants contest these claims and deny that they collected biometric information or otherwise violated BIPA. WHY IS THIS A CLASS ACTION? 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. WHY IS THERE A SETTLEMENT? To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all BIPA claims against Defendants. The Settlement requires Defendants to pay money to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and incentive awards to the Class Representatives, if approved by the Court. The Settlement is not an admission of wrongdoing by Defendants and does not imply that there has been, or would be, any finding that Defendants violated the law. The Court has already preliminarily approved the Settlement. Nevertheless, because the settlement of a class action determines the rights of all members of the class, the Court overseeing this lawsuit must give final approval to the Settlement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this notice and the opportunity to exclude themselves from the Settlement Class, to voice their support or opposition to final approval of the Settlement, and to submit a Claim Form to receive the relief offered by the Settlement. If the Court does not give final approval to the Settlement, or if it is terminated by the Parties, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.
