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If you are or were an Illinois resident or were present in Illinois and your photo was taken or used by law enforcement, you may be eligible for payment from a class action settlement


News provided by

Circuit Court of Cook County, Illinois, Chancery Division

May 27, 2025, 18:00 ET

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CHICAGO, May 27, 2025 /PRNewswire/ --

This notice is to inform you that a proposed settlement has been reached in a class action lawsuit relating to facial recognition technology provided to law enforcement and used to search galleries of booking photos. The lawsuit alleges that Defendants Motorola Solutions, Inc. and Vigilant Solutions, LLC violated an Illinois law called the Illinois Biometric Information Privacy Act ("BIPA") by allegedly collecting, storing, using, and disclosing individuals' biometric data in connection with providing the FaceSearch technology and access to a booking photo gallery to law enforcement customers, allegedly without complying with the law's requirements. The case is Simmons v. Motorola Solutions, Inc., Case No. 2024-L-010142, currently pending in the Circuit Court of Cook County, Illinois, Chancery Division. The proposed Settlement is not an admission of wrongdoing by Defendants. Defendants deny that they violated the law. The Court has not decided who is right or wrong.

Am I a Part of the Settlement? You may be a Settlement Class member if your face appeared in images processed by the FaceSearch technology at any point in time up to April 9, 2025 and you: (a) are or were an Illinois resident; or (b) were present in Illinois at the time the image(s) was taken or processed.

What this means is that if you are or were an Illinois resident or were present in Illinois and your photo was taken or used by law enforcement, you may be part of the Settlement.

If so, you are eligible to submit a claim to receive cash benefits from this Settlement. More information about this Settlement is available online in the detailed web notice at www.simmonsBIPAsettlement.com.

What Does The Settlement Provide? If you're eligible and the Court approves the Settlement, you can file a claim to receive a cash payment. The amount of such payment is estimated to be approximately $200-$550, but could be more or less depending on the number of valid claims submitted. This amount would be an equal share of a $47,500,000 fund that Defendants have agreed to create, after the payment of settlement expenses, attorneys' fees, and any incentive awards in the litigation approved by the Court.

How Do I Get My Payment? Visit the Settlement Website, www.simmonsBIPAsettlement.com, and submit a Claim Form online. You can also call 1-855-688-8844 to request a paper copy of the Claim Form. All Claim Forms must be postmarked or submitted online by July 29, 2025.

What are My Options? You can do nothing, comment on or object to any of the settlement terms, or exclude yourself from the settlement. If you do nothing, you won't be able to sue Motorola Solutions or Vigilant or certain related companies and individuals in a future lawsuit about the claims addressed in the settlement. If you exclude yourself, you won't get a payment but you'll keep your right to sue Motorola Solutions and Vigilant on the issues the settlement concerns. You must contact the settlement administrator by mail or e-mail to exclude yourself. You can also object to the settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be received by July 8, 2025.

Do I Have a Lawyer? Yes. The Court has appointed lawyers from the law firm Loevy & Loevy as "Class Counsel." They represent you and other settlement class members. The lawyers will request to be paid from the total amount that Defendants paid into the Fund. You can hire your own lawyer, but you'll need to pay that lawyer's legal fees. The Court has also chosen Irene Simmons and Rodell Sanders—class members like you—to represent the Settlement Class.

When Will the Court Approve the Settlement? The Court will hold a final approval hearing on August 20, 2025 at 9:30 a.m. before the Honorable Joel Chupack in Room 2601 at the Richard J. Daley Center, 219 S. Dearborn Street, Chicago, Illinois 60604. The Court will hear objections, determine if the settlement is fair, and consider Class Counsel's request for fees and expenses of up to 34% of the settlement fund and incentive awards of $7,500. Class Counsel's request will be available on the Settlement Website.

Where Can I Get More Information? This notice is only a summary. For more information, visit: www.simmonsBIPAsettlement.com

URL: www.simmonsBIPAsettlement.com

SOURCE Circuit Court of Cook County, Illinois, Chancery Division

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