Frequently Asked Questions

BASIC INFORMATION

1. What is this notice and why should I read it?

The Court authorized this notice to let you know about a proposed Settlement with PUMA. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a payment as part of the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.

Judge Sharon Johnson Coleman of the United States District Court for the Northern District of Illinois is overseeing this class action. The case is called Ramos v. PUMA North America, Inc., Case No. 21-cv-03192 (N.D. Ill.). The person who filed the lawsuit, Joselyn Ramos, is the Plaintiff. The company she sued, PUMA North America, Inc. is the Defendant.

2. What is a class action lawsuit?

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 legal 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.

THE CLAIMS IN THE LAWSUIT AND THE SETTLEMENT

3. 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, and/or using the biometric identifiers and/or biometric information of another individual for any purpose, without first providing notice and getting consent in writing. Biometrics are things like your fingerprint, faceprint, or a scan of your iris. This lawsuit alleges that PUMA violated BIPA by allegedly collecting some employees’ biometric data when they used finger-scan timeclocks at its Illinois locations without giving notice or getting consent. PUMA strongly denies these allegations and denies that it violated BIPA. The Court has not made any findings of wrongdoing against PUMA.

More information about Plaintiff’s complaint in the lawsuit and the Defendant’s defenses can be found in the Case Documents section of this website.

WHO’S INCLUDED IN THE SETTLEMENT?

4. Who is included in the Settlement Class?

The Court decided that this Settlement includes all current and former employees of PUMA North America, Inc. who used a finger scanner at a PUMA facility in Illinois between March 1, 2016 and May 3, 2023. Some exceptions to participating apply. For example, persons who signed an arbitration agreement with PUMA, and persons who signed a consent form related to the collection and use of biometric data prior to their first use of PUMA’s timekeeping system are not included. There are 127 people in the Settlement Class.

5. Who is not included in the Settlement Class?

In addition to persons who executed Defendant’s consent form related to the collection, use, disclosure, retention, and destruction of biometric data prior to their first use of Defendant’s timekeeping system and persons who have signed an arbitration agreement with Defendant, the following additional people are excluded: (1) any Judge or Magistrate presiding over this action and members of their families, (2) Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its 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.

6. How do I know if I am in the Settlement Class?

If you are a current or former employee of PUMA who used a finger scanning time clock at a PUMA store in Illinois between March 1, 2016 and May 3, 2023, and are not subject to any of the exclusions above, then you are a member of the Settlement Class and are entitled to a cash payment. If you received a notice of the Settlement in the mail or by email, our records indicate that you are a class member and are included in the Settlement. You may call or email the Settlement Administrator at (877) 723-7129 or info@RamosBIPASettlement.com to ask whether you are a member of the Settlement Class.

THE SETTLEMENT BENEFITS

7. What does the Settlement provide?

Cash Payments to Class Members: If the Court approves the Settlement, PUMA has agreed to create a Settlement Fund of $179,200.00. Class Counsel expect that each class member will receive a settlement payment of approximately $740.00 after all fees and costs are deducted.

Agreement on Future Conduct: As part of the Settlement, PUMA has agreed that it will destroy all biometric data collected from former employees in Illinois. PUMA has also agreed to maintain a consent and disclosure program related to biometric data going forward by obtaining written releases from all Illinois employees who use biometric time clocks, making BIPA-required disclosures, destroying biometric data that it no longer needs, and maintaining a retention and deletion policy.

HOW TO GET SETTLEMENT BENEFITS

8. How do I get a payment?

If you are a Class Member, you will receive a settlement payment automatically. You have several options for your payment method. If you do nothing, a check will be mailed to you at your last known address. You can request to update your address on the Settlement Website here. You can also select to receive your payment electronically, via Venmo, PayPal, or Zelle (instead of a check), on the Settlement Website here. You will need your unique “Claim ID” to login to update your address or select an electronic payment method, which is located on the notice you may have received in the mail or by e-mail. If you cannot locate your Claim ID, email the Settlement Administrator at info@RamosBIPASettlement.com.

9. When will I get my payment?

The hearing to consider the fairness of the Settlement is scheduled for August 16, 2023 at 9:00 a.m. If the Court approves the Settlement, and there are no objections to the Settlement, eligible Class Members will automatically be sent their payment within 60 days via check or the electronic payment method they chose (see Question 8 above). Please be patient. All checks will expire and become void 180 days after the date they are issued. Any electronic deposit unable to be processed within 180 days of the first attempt will expire and become void. Uncashed checks and electronic payments unable to be processed will be re-distributed to the Settlement Class Members who cashed their checks or successfully received their electronic payments, if feasible and in the interests of the Settlement Class. If redistribution is not feasible, or if residual funds remain after redistribution, such funds will be donated to Legal Aid Chicago, earmarked to support its Workers’ Rights Practice Group, pending Court approval.

THE LAWYERS REPRESENTING YOU

10. Do I have a lawyer in the case?

Yes, the Court has appointed lawyers J. Eli Wade-Scott and Schuyler Ufkes of Edelson PC as the attorneys to represent you and other Class Members. These attorneys are called “Class Counsel.” In addition, the Court appointed Plaintiff Joselyn Ramos to serve as the Class Representative. She is a Class Member like you. Class Counsel can be reached by calling 1-866-354-3015.

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 do so, you will have to pay that lawyer.

12. How will the lawyers be paid?

Class Counsel will ask the Court for reimbursement of their expenses and attorneys’ fees of up to 35% of the Settlement Fund, and will also request an incentive award of $5,000.00 for the Class Representative from the Settlement Fund. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any incentive award to the Class Representative. The Court may award less than the amounts requested.

YOUR RIGHTS AND OPTIONS

13. What happens if I do nothing at all?

If you do nothing, you will be a Settlement Class Member, and if the Court approves the Settlement, you will automatically be sent a payment, and you will also be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you also won’t be able to start a lawsuit or be part of any other lawsuit against PUMA or any other Released Parties (as that term is defined in the Settlement Agreement) for the claims or legal issues being resolved by this Settlement.

14. What happens if I ask to be excluded?

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 PUMA or 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 PUMA and the Released Parties at your own risk and expense.

15. How do I ask to be excluded?

You can mail or email a letter stating that you want to be excluded from the Settlement. Your letter must: (a) be in writing; (b) identify the case name Ramos v. PUMA North America, Inc., Case No. 21-cv-03192 (N.D. Ill.); (c) state the full name and current address of the person in the Settlement Class seeking exclusion; (d) be signed by the person seeking exclusion; and (e) be postmarked or received by the Settlement Administrator on or before July 26, 2023. Your request to be excluded must also include a statement to the effect that: “I hereby request to be excluded from the proposed Settlement Class in Ramos v. PUMA North America, Inc., Case No. 21-cv-03192 (N.D. Ill.).” You must mail or email your exclusion request no later than July 26, 2023 to:

Ramos v. PUMA North America

c/o Settlement Administrator

P.O. Box 25226

Santa Ana, CA 92799

or

info@RamosBIPASettlement.com

You can’t exclude yourself over the phone. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs. Each request for exclusion must be separately signed and submitted.

16. If I don’t exclude myself, can I sue PUMA for the same thing later?

No. Unless you exclude yourself, you give up any right to sue PUMA and any other Released Parties (as that term is defined in the Settlement Agreement) for the claims being resolved by this Settlement.

17. If I exclude myself, can I get anything from this Settlement?

No. If you exclude yourself, you will not receive a payment.

18. How do I object to the Settlement?

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must file a letter or brief with the Court stating that you object to the Settlement in Ramos v. PUMA North America, Inc., Case No. 21-cv-03192 (N.D. Ill.), no later than July 26, 2023. Your objection must be e-filed or delivered to the Court at the following address:

Clerk of the United States District Court for the Northern District of Illinois

Everett McKinley Dirksen United States Courthouse

219 South Dearborn Street

Chicago, Illinois 60604

The Court has authorized pro se litigants to submit filings via the Clerk’s Office’s Pro Se Filer Submission webpage here.

The objection must be in writing, must be signed, and must include the following information: (a) your full name and current address, (b) a statement that you believe yourself to be a member of the Settlement Class, (c) whether the objection applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class, (d) the specific grounds for your objection, (e) all documents or writings that you desire the Court to consider, (f) the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of your objection or who may profit from the pursuit of your objection, and (g) a statement indicating whether you (or your counsel) intend to appear at the Final Approval Hearing. You must submit any objection in writing by July 26, 2023 in order to be heard by the Court at the Final Approval Hearing. If you hire an attorney in connection with making an objection, that attorney, must file an appearance with the Court or seek pro hac vice admission to practice before the Court, and electronically file the objection by the objection deadline of July 26, 2023. 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.

In addition to filing your objection with the Court, you must send via mail, email, or delivery service, by no later than the July 26, 2023, copies of your objection and any supporting documents to both Class Counsel and the Defendant’s Counsel at the addresses listed below:

Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees and Plaintiff’s request for an incentive award on July 12, 2023.

19. What’s the difference between objecting and excluding myself from the Settlement?

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class as a Class Member. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be a Settlement Class Member. If you exclude yourself, you have no basis to object because the case no longer affects you.

THE COURT’S FINAL APPROVAL HEARING

20. When and where will the Court decide whether to approve the Settlement?

The Court will hold the Final Approval Hearing on August 16, 2023 at 9:00 a.m. before the Honorable Sharon Johnson Coleman in Room 1241 of the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604. 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. 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 expenses and the incentive award to the Class Representative.

Note: The date, time, and location of the Final Approval Hearing are subject to change by the Court. Any changes will be posted on this Settlement Website.

21. Do I have to come to the hearing?

No. Class Counsel will answer any questions the Court may have. You are 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.

22. May I speak at the hearing?

Yes. If you do not exclude yourself from the Settlement 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 (see Question 18 above) and intend to appear at the hearing, you must state your intention to do so in your objection.

GETTING MORE INFORMATION

23. Where do I get more information?

The information on this website summarizes the proposed Settlement. More details, including the Settlement Agreement and other documents are available here or at the Clerk’s Office in the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays and any closures as a result of the COVID-19 pandemic. You can also contact Class Counsel at 1-866-354-3015 with any questions.

PLEASE DO NOT CONTACT THE COURT, THE JUDGE, THE DEFENDANT OR THE DEFENDANT’S LAWYERS WITH QUESTIONS ABOUT THE SETTLEMENT OR DISTRIBUTION OF SETTLEMENT PAYMENTS.