Frequently Asked Questions

A Court authorized the Notice because you have a right to know about a proposed Settlement of the class action lawsuit known as King et al. v. Lightricks, US Inc.. et al., Case No. 2024LA000197 (the “Litigation”), and about all of your options before the Court decides whether to give final approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

The Circuit Court of Sangamon County, Illinois is overseeing this case. The persons who sued, Tonya King, Marvalace Garrett, Terrance Bell, Meghan Richardson, Heather Penzkofer, Lucia Flores, Karen Ayala, Anne Sidler, Lisa Toler, Barbara Wuest-Moore, William Taylor, Sarah Gamboa, Katie Gortva, Kenneth Hilderbrand, Anna Boyd, as Guardian and Next Friend of O.G., Bridget Lawrence, as Guardian and Next Friend of C.L., and Latoya Lawrence, as Guardian and Next Friend of J.C., are called the “Plaintiffs” or “Class Representatives.” Lightricks, Ltd. and Lightricks US, Inc. are the “Defendants.”  

The lawsuit alleges the Defendants violated Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (“BIPA”), based on Defendants allegedly collecting and storing biometric identifiers and/or biometric information (collectively, “biometric data”) through the use of Lightricks Apps without complying with BIPA’s requirements. Lightricks Apps include Facetune, Photoleap, Videoleap, and LTX Studio.

Defendants deny all wrongdoing or liability of any kind whatsoever asserted by Plaintiffs or Settlement Class Members in the Litigation. Despite Defendants’ belief that they are not liable for the allegations in the Litigation and despite Defendants’ belief that they have viable defenses to those allegations, Defendants desire to settle the Litigation, and thus avoid the expense and burden of continued litigation of any action or proceeding relating to the matters being fully settled and finally put to rest in this Settlement Agreement.

The Plaintiffs’ Complaint, Class Action Settlement Agreement and Release, and other case-related documents are posted on this website. The Settlement resolves the lawsuit. The Court has not decided who is right. 

In a class action, the persons called the “Class Representatives” (in this case, Plaintiffs) sue on behalf of themselves and other people with similar claims. 

All the people who have claims similar to the Plaintiffs are Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not found in favor of either Plaintiffs or the Defendants. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Members who submit timely and valid Claim Forms will receive a Settlement Payment, as described in this Notice. Defendant denies all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement Class includes the following persons: All individuals in Illinois whose image or voice was analyzed by a Lightricks App at any time between September 30, 2017 and November 25, 2024 (the “Class Period”). 

For clarity, the Settlement Class will include both minors and adults and all will be treated the same under the terms of the Settlement. 

Excluded from the Settlement Class are: (i) Defendants; (ii) any person who was an officer or director of Defendants during the Class Period; (iii) any firm or entity in which Defendants have or had a controlling interest; (iv) parents, affiliates, or subsidiaries of Defendants; (v) the legal representatives, agents, heirs, beneficiaries, successors-in-interest, or assigns of any excluded person or entity, in their respective capacity as such; (vi) the Court and staff (and the immediate family thereof) to whom this Litigation is assigned; and (vii) any other persons or entities who or which validly exclude themselves from the Settlement Class. 

If you are not sure whether you are in the Settlement Class or have any other questions about the Settlement, visit this website, call the toll-free telephone number, (833) 739-0737. You also may send questions to the Settlement Administrator at info@ LightricksBIPAsettlement.com.

The Settlement provides for the establishment of a Settlement Fund in the amount of $4,485,000 (Four Million Four Hundred and Eighty-Five Thousand Dollars) to pay for: (i) all Settlement Payments to Settlement Class Members who submit Approved Claims, (ii) the Service Awards to the Class Representatives, (iii) the Fee Award, (iv) payment of Settlement Administrative Expenses, (v) any federal, state, and/or local Taxes of any kind (including any interest or penalties thereon) and any and all other fees, costs, or expenses.

Each Settlement Class Member who timely files with the Settlement Administrator an Approved Claim will receive a Settlement Payment of up to $60 from the Settlement Fund. However, if the dollar value of Approved Claims exceeds the amount in the Settlement Fund available to satisfy those Approved Claims after payment of (i) the Service Awards to the Class Representatives, (ii) the Fee Award, (iii) payment of Settlement Administrative Expenses, (iv) any federal, state, and/or local Taxes of any kind (including any interest or penalties thereon), then Settlement Payments to Claimants from the Settlement Fund shall be reduced on a pro-rata basis (increase or decrease), such that the total available cash will satisfy all Approved Claims. If there is money remaining in the Settlement Fund after the payment of all Approved Claims, Service Awards, Fee Awards, Settlement Administration Expenses, and Taxes, it will be returned to the Defendants.

If you are a Settlement Class Member, you must complete and submit a valid Claim Form in order to receive a payment. You may download a Claim Form on this website, request a Claim Form by calling the Settlement Administrator toll-free at, (833) 739-0737, or by emailing the Settlement Administrator at [email protected]. To be valid, a Claim Form must be completed fully and accurately signed under penalty of perjury and timely submitted.

You may submit a Claim Form by U.S. mail or file a Claim Form on the Settlement Website. If you send in a Claim Form by U.S. mail, it must be postmarked no later than December 23, 2024. If you file a Claim Form on the Settlement Website, then you must do so by December 23, 2024.

No matter which method you choose to file your Claim Form, please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.

Payments to Settlement Class Members will be made only after the Court grants final approval to the Settlement and after any appeals are resolved. If there are appeals, resolving them can take time. Please be patient.

In order to exercise the right to be excluded, a Settlement Class Member must timely send an individual, written letter requesting exclusion from Settlement to the Settlement Administrator providing: (i) the Settlement Class Member’s name, address, and email, (ii) the Settlement Class Member’s signature, (iii) the name and number of the Action, and (iv) a statement that he/she wishes to be excluded from the Settlement Class for purposes of the Settlement.

To be valid, a request for exclusion must be postmarked or received by November 25, 2024. A request to be excluded that does not include all of the foregoing information, or that is sent to an address other than the below, or that is not postmarked or received by November 25, 2024, or which otherwise does not comply with the requirements set forth in the Parties’ Settlement Agreement, shall be invalid, and the person(s) submitting such a request shall remain a Settlement Class Member and shall be bound as a Settlement Class Member by the Settlement Agreement, if approved.

Lightricks Privacy Settlement

ATTN: Exclusion Request

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

You may opt out of the Settlement Class only for yourself.

No. Unless you exclude yourself, you give up the right to sue the Defendant for the claims that the Settlement resolves. You must exclude yourself from this Settlement Class in order to pursue your own lawsuit.

Unless you opt out of the Settlement, you cannot sue or be part of any other lawsuit against the Defendant about the issues in this case, including any existing litigation, arbitration, or proceeding. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you. 

The Class Action Settlement Agreement & Release is available on this website. The Class Action Settlement Agreement & Release provides more detail regarding the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firm representing the Settlement Class listed in Question 14 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

No. You will not get a payment from the Settlement Fund if you exclude yourself from the Settlement.

The Court has appointed the following lawyers as “Class Counsel” to represent all Settlement Class Members.

PEIFFER WOLF CARR KANE CONWAY & WISE LLP
One US Bank Plaza, Suite 1950
St. Louis, MO 63104

SIRI & GLIMSTAD, LLP 
200 Park Avenue, 17th Floor
New York, NY 10166

WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson Blvd., Suite 1700 
Chicago, IL 60604

DON BIVENS PLLC
15169 N. Scottsdale Rd., Suite 205
Scottsdale, AZ 85254

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

Class Counsel intends to request up to 40% of the Settlement Fund as payment for attorneys’ fees, as well as reimbursement out-of-pocket expenses (“Fee Award”). The Court will decide the Fee Award amount to award.

Class Counsel will also request that a Service Award of $1,000 each be paid to the Class Representatives for their services as representatives on behalf of the Settlement Class.

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. 

Any objection to the Settlement Agreement, and any papers submitted in support of said objection, shall be considered by the Court at the Final Approval Hearing only if, on or before November 25, 2024, the person making an objection shall file notice of his/her intention to do so and at the same time: (i) file copies of such papers he/she proposes to submit at the Final Approval Hearing with the Clerk of the Court, or alternatively, if the objection is from a Settlement Class Member represented by counsel, files any objection through the Court’s electronic filing system; and (ii) send copies of such papers via United States mail, hand delivery, or overnight delivery to Class Counsel and Defendant’s Counsel. A copy of the objection must also be mailed to the Settlement Administrator at the address designated by the Settlement Administrator to receive requests for exclusion or objections.

Any Settlement Class Member who intends to object to this Settlement must include in any such objection: ((i) his/her full name, address, email address, and current telephone number; (ii) the case name and number of the Action; (iii) information sufficient to identify the objector’s Lightricks App account(s), including but not limited to the unique email address(es) used with such account(s); (iv) all other information required by the Claim Form to identify the objector as a Settlement Class Member, including proof that the objector is a Settlement Class Member; (v) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (vi) the identification of any other objections he/she has filed, or has had filed on his/her behalf, in any other class action cases in the last four years; and (vii) the objector’s hand signature. 

If represented by counsel, the objecting Settlement Class Member must also provide the name and telephone number of his/her counsel. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing at his/her own expense, either with or without counsel, he/she must state as such in the written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing and all exhibits he/she intends to introduce into evidence at the Final Approval Hearing, which must also be attached to, or included with, the written objection.

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

The Court has scheduled a Final Approval Hearing on January 6, 2025, at 10:30 AM CT at the Circuit Court of the Seventh Judicial Circuit, Sangamon County, Illinois. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At the Final Approval Hearing, the Parties will request that the Court consider whether the Settlement Class should be certified as a class pursuant to 735 ILCS 5/2 for settlement and, if so, (i) consider any properly-filed objections; (ii) determine whether the Settlement is fair, reasonable and adequate, was entered into in good faith and without collusion, and should be approved, and shall provide findings in connections therewith; and (iii) enter the Final Approval Order, including final approval of the Settlement Agreement, and a Fee Award. It is unknown how long these decisions will take.

No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing (see Question 16 above). You cannot speak at the hearing if you exclude yourself from the Settlement.

If you are a Settlement Class Member and do nothing, meaning you do not file a timely Claim, you will not get benefits from the Settlement. Further, unless you exclude yourself, you will be bound by the judgment entered by the Court.

This Notice summarizes the proposed Settlement. More details are in the Class Action Settlement Agreement & Release, which you can view on this website. You can also contact the Settlement Administrator by mail, email or phone.

Lightricks Privacy Settlement

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

info@ LightricksBIPAsettlement.com

(833) 739-0737

It is your responsibility to contact the Settlement Administrator to update or change your contact information. Please visit the Contact Us page on this website, email the Settlement Administrator at [email protected] or call (833) 739-0737. You may also contact the Settlement Administrator in writing by mail:

Lightricks Privacy Settlement

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391