Simmons BIPA Settlement

1. WHY DID I GET A NOTICE?

   You received a Notice because a Settlement has been reached in a class action lawsuit against Motorola Solutions, Inc. (“Motorola Solutions”) and Vigilant Solutions LLC (“Vigilant”; together with Motorola Solutions, “Defendants”), which provided law enforcement customers with facial recognition technology known as FaceSearch and with access to a gallery of booking photos. The lawsuit alleges that Defendants 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 FaceSearch and access to the booking photo gallery, 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. Rather, to avoid the time, expense, and uncertainty of litigation, the Parties have agreed to settle the lawsuit. The Settlement has been preliminarily approved by a court in Chicago, Illinois.

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2. WHAT IS THIS LAWSUIT ABOUT?

   The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from collecting, capturing, obtaining, or possessing the biometric identifiers and/or information of an individual without complying with the requirements of the statute. This lawsuit alleges that Defendants violated BIPA and were unjustly enriched by allegedly collecting, capturing, obtaining, using, storing, and disclosing individuals’ biometric data in connection with providing the FaceSearch technology and a gallery of booking photos to law enforcement customers, without complying with the statute. Defendants contest these claims and deny that they violated BIPA or committed any other wrongdoing and deny that Plaintiffs or the putative class members are entitled to recover anything from Defendants.

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3. 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.

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4. 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 claims in the case against Defendants and their affiliated entities and individuals. 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 preliminarily certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given a 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 enter a Final Approval Order approving the Settlement, or if the Settlement Agreement 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.

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5. WHO IS IN THE SETTLEMENT CLASS?

   You are a member of the Settlement Class if your face appeared in an image or images that were processed using the FaceSearch technology at any point in time through 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 a member of the Settlement Class.

   Excluded from the Settlement Class are: (1) any Judge or Magistrate presiding over this action and members of their families, (2) Defendants, Defendants’ subsidiaries, parent companies, successors, predecessors, and any entity in which Defendants or their 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.

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6. WHAT DOES THE SETTLEMENT PROVIDE?

   Cash Payments. If you are a member of the Settlement Class, you can file a claim to receive a cash payment. The amount of such payment is estimated to be approximately $200 to $550 for those who file a valid claim but could be more or less depending on the number of valid Claim Forms submitted. This 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 for the named plaintiffs in the litigation approved by the Court and payment of costs of notifying Settlement Class Members and administering the Settlement.

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7. HOW DO I GET A PAYMENT?

   If you are a Settlement Class Member and you want to get settlement benefits, you must complete and submit a valid Claim Form by July 29, 2025. An online Claim Form is available on this website and can be filled out and submitted here. You can also get a paper Claim Form here. We encourage you to submit a claim online. It’s faster, and it’s free. The Claim Form requires you to provide the following information: (i) full name, (ii) current U.S. Mail address, and (iii) either (1) your assigned Claim ID number, or (2) the location and date that you are contending your photo was taken, and the law enforcement agency that took or uploaded the photo, and supporting documentation.

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8. WHAT RIGHTS AM I GIVING UP IN THIS SETTLEMENT?

   Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Motorola Solutions or Vigilant or certain related entities and individuals relating to the alleged collection, use, storage, and disclosure of your biometric data. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available on the Settlement Website. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

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9. WHEN WILL I BE PAID?

   The hearing to consider the fairness of the Settlement is scheduled for August 20, 2025, at 9:30 a.m. If the Court approves the Settlement, Settlement Class members whose claims were approved by the Settlement Administrator will be sent a check or potentially an electronic payment. Please be patient. All checks will expire and become void 90 days after they are issued. Uncashed checks will be donated to a not-for-profit entity agreed to by the Parties and approved by the Court, or such other organization as the Court may order consistent with the Illinois statutory requirements for cy pres recipients.

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10. DO I HAVE A LAWYER?

    Yes, the Court has appointed lawyers Jon Loevy and Mike Kanovitz of Loevy & Loevy to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiffs Irene Simmons and Rodell Sanders to serve as the Class Representatives. They are Class Members like you. Class Counsel can be reached by phone or email using the contact information set forth in the “Who Represents the Class” section below.

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11. SHOULD I GET MY OWN LAWYER?

    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 want your own lawyer, you will have to pay that lawyer.

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12. HOW WILL THE LAWYERS BE PAID?

    Class Counsel will ask the Court for attorneys’ fees of up to 34% of the Settlement Fund and will also request incentive awards of $7,500.00 for each Class Representative from the Settlement Fund. The Court will determine the proper amount of any attorneys’ fees to award Class Counsel and the proper amount of any award to the Class Representatives. The Court may award less than the amounts requested.

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13. WHAT ARE MY OPTIONS?

    1. Accept the Settlement.

       To accept the Settlement, you must submit a Claim Form by July 29, 2025. You may obtain a copy of the Claim Form here and mail it to the Settlement Administrator at Simmons BIPA Settlement Administrator, P.O. Box 2920, Portland, OR 97208-2920, or you may submit your Claim Form online here. If the Settlement is approved and your claim is deemed valid, a check will be mailed to you. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement and is the only thing you need to do to receive a payment.

    2. Exclude yourself.

       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. All exclusion requests must (a) be in writing; (b) identify the case name Simmons v. Motorola Solutions, Inc., 2024-L-010142; (c) state the full name and current address of the person in the Settlement Class seeking exclusion; (d) include their assigned Claim ID number or a statement and supporting documentation showing why he or she believes himself or herself to be a member of the Settlement Class including the location and date that they are contending their photo was taken and the law enforcement agency that took or uploaded the photo, (e) be signed by the person(s) seeking exclusion; and (f) be postmarked or received by the Settlement Administrator on or before the Objection/Exclusion Deadline. 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 Simmons v. Motorola Solutions, Inc., 2024-L-010142 (Cook Cnty. Cir. Ct.).” You must mail or email your exclusion request no later than July 8, 2025, to:

       Simmons BIPA Settlement Administrator
       P.O. Box 2920
       Portland, OR 97208-2920
       exclusions@simmonsBIPAsettlement.com

       No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.

    3. Object to the Settlement.

       If you wish to object to the Settlement, you must file a letter or brief in writing with the Clerk of the Court of the Circuit Court of Cook County, Illinois, Richard J. Daley Center, 50 West Washington Street, Room 2601, Chicago, Illinois 60602. The objection must be received by the Court no later than July 8, 2025. You must also send a copy of your objection by email to the attorneys for all Parties to the lawsuit, including Class Counsel (Jonathan Loevy and Michael Kanovitz of Loevy & Loevy, jon@loevy.com and mike@loevy.com), as well as Defendants’ counsel (David Layden of Jenner & Block LLP, dlayden@jenner.com) no later than July 8, 2025. Any objection to the proposed Settlement must include (a) your full name and current address, (b) your assigned Claim ID number or a statement and supporting documentation showing why you believe you are a member of the Settlement Class including the location and date that you contend your photo was taken and the law enforcement agency that took or uploaded the photo, (c) the specific grounds for your objection, (d) all documents or writings that you wish the Court to consider, (e) the name and contact information of any attorneys representing, advising, or in any way assisting you with the preparation or submission of the objection; and (f) a statement indicating whether you intend to appear at the Final Approval Hearing. If you hire an attorney in connection with making an objection, that attorney must also file with the court a notice of appearance by the objection deadline of July 8, 2025. 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.

       Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees and incentive awards on June 17, 2025.

       You may appear at the Final Approval Hearing, which will be held on August 20, 2025 at 9:30 a.m. in Courtroom 2601 of the Circuit Court of Cook County, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602, in person or through counsel to show cause why the proposed Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the entry of the Final Approval Order, the request for attorneys’ fees and expenses, and/or the request for incentive awards to the Class Representatives are required to indicate in their written objection their intention to appear at the hearing on their own behalf or through counsel and to identify the names of any witnesses they intend to call to testify at the Final Approval Hearing, as well as any exhibits they intend to introduce at the Final Approval Hearing.

    4. Do Nothing.

       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 Defendants or 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.

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14. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

    The Court will hold the Final Approval Hearing at 9:30 a.m. on August 20, 2025, before the Honorable Joel Chupack in Room 2601 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602. 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 Class; and whether it was made in good faith. 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 the incentive awards to the Class Representatives.

    Note: The date and time of the fairness hearing are subject to change by Court Order, and the hearing may be conducted remotely. Any changes will be posted on the Settlement website.

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15. DO I HAVE TO COME TO THE HEARING?

    No. Class Counsel will answer any questions the Court may have. You are, however, 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 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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16. MAY I SPEAK AT THE HEARING?

    Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the hearing concerning any part of the proposed Settlement. If you filed an objection and intend to appear at the hearing, you must state your intention to do so in your objection.

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17. WHO REPRESENTS THE CLASS?

    The Court has approved the attorneys below to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

    Jonathan I. Loevy
    Michael I. Kanovitz
    LOEVY & LOEVY
    311 N. Aberdeen, 3rd Floor
    Chicago, Illinois 60607
    1-312-243-5900
    jon@loevy.com
    mike@loevy.com

    For check reissues, check verification or to determine whether you are a class member, please contact the Settlement Administrator by emailing Andrew.Casey@epiqglobal.com. Please do not contact Class Counsel as they do not have access to this information and are unable to help with these requests.

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18. WHERE CAN I GET ADDITIONAL INFORMATION?

    This website is only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained here. If you have any questions, you can also call the Settlement Administrator at 1-855-688-8844 or Class Counsel at the number or email addresses set forth in FAQ 17. In addition to the documents available on the case website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.

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Please Do Not Contact the Court, the Judge, the Defendants, or the Illinois law enforcement agency that took your booking photo with Questions about the Settlement or Claims Process.