Illinois Restaurant Biometric Privacy $1.3M Settlement

If you visited Diamond Cabaret (also known as Penthouse Club) or Country Rock Cabaret in Sauget, Illinois, between July 26, 2016, and December 17, 2024, and provided an ink print or similar fingerprint mark on a receipt or document during a credit card transaction, you may be eligible to claim approximately $90 from a class action settlement.

Illinois Restaurant Concepts, LLC, along with MRC, LLC, VCG Holding Corporation, Family Dog, LLC, and HWL-3, LLP, have agreed to pay a settlement to resolve two class action lawsuits. These lawsuits allege that the defendants violated the Illinois Biometric Information Privacy Act (BIPA) by collecting customers' fingerprints without first providing required written disclosures or obtaining written consent.

Who is eligible for a BIPA settlement payout?

Class members need to meet the following criteria:

• You visited either Diamond Cabaret (also known as Penthouse Club) or Country Rock Cabaret located in Sauget, Illinois between July 26, 2016, and December 17, 2024.
• During your visit, you provided an ink fingerprint or similar mark on a receipt or document when making a credit card payment.

Are there any exclusions?

If you received a notice but have never visited these establishments, it is possible someone with the same name visited and made a payment over $300. If have never visited either of these strip clubs, you are not a class member and can disregard the notice.

How much will the class action payment be?

Approved claimants will receive:

• Cash Payment: Approximately $90 per claimant, final amount determined by the number of claims submitted.
• Dark Web Monitoring: Three years of monitoring provided by Experian. This service continuously scans the dark web for personal information leaks and alerts users if their information is compromised.

How to claim a settlement payment

To receive a class action rebate, you must submit a claim by April 8, 2025. Class members can file a claim online or download the PDF claim form to print and mail to the settlement administrator.

Settlement Administrator mailing address: Greene v. Illinois Restaurant Concepts, P.O. Box 25226, Santa Ana, CA 92799

Required proof and information

• Notice ID and PIN required to submit an online claim.
• No other supporting documentation required with claim form, but could be requested at a future date.

Payout options

Valid claimants will be issued a paper check mailed to the address provided on the claim form.

BIPA settlement fund breakout

The settlement fund will include:

• Settlement administration costs: Estimated at $20,000
• Attorneys' fees: Up to $554,202
• Attorneys' expenses: Estimated at $6,795
• Service awards to the class representatives: $5,000 x 3 for a total of $15,000
• Dark web monitoring services: Final cost determined by number of claimants
• Payments to class members with valid claims: Remaining settlement balance

Important dates

• Deadline to File a Claim: April 8, 2025
• Final Approval Hearing: May 6, 2025, at 11:00 a.m.

When is the BIPA settlement payout date?

A final approval hearing is scheduled for May 6, 2025. Payments to class members with valid claims will be issued approximately 120 days after the court grants final approval of the settlement.

Why was this class action lawsuit filed?

The lawsuit alleges violations of Illinois' BIPA law due to requiring some customers to provide an ink print on a credit card receive or document. The defendants deny wrongdoing but agreed to settle to avoid continued litigation costs and the possibility of a trial.

Sources

1. Official Settlement Website