1. Why did I get a notice?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. Who is in the Settlement Class?
6. What if I have never been to a strip club?
7. What are my options?
8. What does the Settlement provide?
9. What rights am I giving up in this Settlement?
10. When will I be paid?
11. When will the Court rule on the Settlement?
12. Who represents the Settlement Class?
13. Where can I get additional information?
The court-authorized Notice of a proposed Settlement (“Settlement”) is in two putative class action lawsuits entitled Greene and Brown v. Illinois Restaurant Concepts, LLC, et al., Case No. 21 L 686, and Agicic v. Family Dog, LLC, et al., Case No.: 22 LA 543, both of which are pending in the Circuit Court of St. Clair County, Illinois (the “Lawsuits”). The Settlement would resolve the Lawsuits, which were brought on behalf of persons who allege that Illinois Restaurant Concepts, LLC; MRC, LLC; VCG Holding Corporation; Family Dog, LLC; and HWL-3, LLP (“Defendants”) obtained customers’ alleged fingerprints without first providing those customers with legally required written disclosures and obtaining written consent, and in so doing, allegedly violated the Illinois Biometric Information Privacy Act (“BIPA”). Defendants deny these claims and deny that they violated BIPA or any other applicable law. If you received a Notice, you have been identified as someone who may have provided an ink print or other similar mark on a receipt or other document in connection with a credit card payment at one of the following strip clubs located in Sauget, Illinois between July 26, 2016, and December 17, 2024, Diamond Cabaret (also known as Penthouse Club) or Country Rock Cabaret.
The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of Settlement only. The Notice explains the nature of the Lawsuits, the terms of the Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so that you can better understand your legal rights.
Back To Top
The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private entities from capturing, obtaining, storing, transferring, and/or using biometric identifiers and/or information, such as fingerprints and facial geometry scans, of an individual without first providing such individual with certain written disclosures and obtaining written consent. The Lawsuits allege that Defendants violated BIPA by obtaining customers’ fingerprints in connection with credit card transactions they made at the strip clubs listed above between July 26, 2016, and December 17, 2024, without first providing the requisite disclosures or obtaining the requisite consent. Defendants deny these claims, deny the allegations in the Lawsuits, and deny that they violated BIPA or any other law. The Court has not decided the merits of the claims against Defendants or Defendants’ defenses to those claims. Both sides agreed to the Settlement to resolve the Lawsuits to avoid further litigation and the risks associated therewith.
Back To Top
A class action is a lawsuit in which an individual called a “Class Representative” brings a lawsuit on behalf of other people who have similar claims. All of these people together are a “Settlement Class” or “Settlement Class Members” for the purposes of this Settlement. Once a Settlement Class is certified for the purposes of Settlement only, 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.
Back To Top
To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement, which resolves all claims against Defendants and the Released Parties. The Settlement requires Defendants to pay money and provide certain benefits to the Settlement Class, as well as pay settlement administration expenses, attorneys’ fees and costs to Class Counsel, and Class Representative 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 conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can submit a Claim Form to receive the benefits offered by the Settlement. Class members may also exclude themselves from the Settlement Class, or object to final approval of the Settlement. If the Court does not give final approval to the Settlement, or if it 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.
Back To Top
You are a member of the Settlement Class if, at any time between July 26, 2016, and December 17, 2024, you provided an ink print or other similar mark generated from pressing your finger on a receipt or other document in connection with a credit card payment at a facility owned or operated by Illinois Restaurant Concepts, LLC or MRC, LLC. You will be considered a Releasor under the Settlement unless you properly execute and file a timely request for exclusion from the Class as explained in FAQ 7 below.
Back To Top
You have received a notice because a person with your same name has visited one of the strip clubs owned or operated by Illinois Restaurant Concepts, LLC or MRC, LLC between July 26, 2016, and December 17, 2024, and made a credit card payment over $300 at the club. If that person was not you, and you’ve never been to one of the strip clubs listed in Subpart E above, then you are not a class member and you can disregard the notice.
Back To Top
To accept the Settlement and claim your settlement funds, you must submit a Claim Form by April 8, 2025, including a sworn statement that you visited the Diamond Cabaret (also known as Penthouse Club) or Country Rock club between July 26, 2016 and December 17, 2024 and provided an ink print or other similar mark generated from pressing your finger on a receipt or other document in connection with a credit card payment. The Claim Form is provided with the notice. To make a claim, file here, fill out the Claim Form and place in the self-addressed envelope that is also included with the Notice, or download a copy here and mail it to the Settlement Administrator. If you use the self-address envelope, you do not need to apply postage to the envelope – you can simply place it in the US mail.
If you are a Settlement Class Member and you timely return a completed and valid Claim Form, and if the Court grants final approval of the Settlement, you will receive a check and the opportunity to initiate three years of dark web monitoring. If required by law, you may also be sent a 1099 tax reporting form.
If you do nothing, you will receive no money or other benefits from the Settlement, but you will still be bound by all orders and judgments of the Court. You will not be able to file or continue a lawsuit against the Defendants or Released Parties regarding any legal claims arising out of or relating to the allegations in the Lawsuit. You will lose your right to sue Defendants and the other Released Parties for alleged violations of BIPA and all other Released Claims as defined in the Settlement Agreement.
If you do not want to be legally bound by the Settlement, you must exclude yourself from the Settlement by April 8, 2025. If you do this, you will NOT get a settlement payment or other benefits in connection with the Settlement. To exclude yourself from the Settlement, you must mail your written request for exclusion to the Settlement Administrator (contact information here). Your written request for exclusion must be postmarked by April 8, 2025, include your full name, address, email address, telephone number, the name and number of the Lawsuits; a statement that you visited the Diamond Cabaret (also known as Penthouse Club) or Country Rock club in Sauget, Illinois between July 26, 2016 and December 17, 2024 and provided an ink print or other similar mark generated from pressing your finger on a receipt or other document in connection with a credit card payment and wish to be excluded from the Settlement, and it must be signed by you.
If you exclude yourself, you will not receive money or any other benefits from this Settlement, but you will not release any claims you may have against Defendants and 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 Defendants and Released Parties at your own risk and expense. You cannot exclude yourself by phone, email or on this website.
If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Circuit Court of St. Clair County, Illinois. The objection must be received by the Court no later than April 8, 2025. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Class Counsel (address below in FAQ 12), as well as the attorney representing Defendant: Jody Kahn Mason, Jackson Lewis P.C., 150 North Michigan Avenue Suite 2500, Chicago, IL 60601, postmarked no later than April 8, 2025. Any objection to the proposed Settlement must include your (i) full name, address, e-mail address, and telephone number; (ii) the case name and number of this Lawsuit; (iii) a statement that you visited the Diamond Cabaret (also known as Penthouse Club) or Country Rock club in Sauget, Illinois between July 26, 2016 and December 17, 2024 and provided an ink print or other similar mark generated from pressing your finger on a receipt or other document in connection with a credit card payment; (iv) all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials; (v) the identification of any other objections you have filed, or have had filed on your behalf, in any other class action cases in the last five years; and (vi) your signature. 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 April 8, 2024. 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.
You may appear at the Final Approval Hearing, which is to be held on May 6, 2025, at 11:00 a.m., in 405 of the St. Clair County Courthouse, and via Zoom [Meeting ID: 774 529 8349], in person or through counsel to show cause of 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 approval of the Settlement, the request for attorneys’ fees and expenses, and/or the request for Class Representative 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.
Back To Top
Cash Payment: Defendants have agreed to create a Settlement Fund for the Settlement Class Members who submit valid and timely claims. All Settlement Class Members who submit valid and timely claims are entitled to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member will be entitled to an equal payment out of the Settlement Fund, less deductions for settlement administration costs, attorneys’ fees, and Class Representative Awards to the named Plaintiffs. The Settlement Administrator will issue a check to each Class Member following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 180 days after they are issued. At this time, it is estimated that the cash payment will be approximately $90.
Option for Dark Web Monitoring: All Settlement Class Members who submit valid and timely claims are also eligible to initiate three years of Dark Web Monitoring provided by Experian. Dark Web Monitoring is a service that continuously monitors the dark web for stolen or leaked information that is being shared and sold among criminals operating on the dark web and the service alerts a user when it detects the users’ personal information has been exposed. If you make a claim and the settlement is finally approved by the Court, you will receive an activation code and instructions with your settlement check which can be used to activate Dark Web Monitoring. Any properly activated Dark Web Monitoring costs by any Settlement Class Member will be paid directly to Experian by Defendants. Under no circumstances will any Settlement Class Member be eligible for or receive an additional cash payout in lieu of Dark Web Monitoring.
Additionally, the attorneys who brought this lawsuit (listed in FAQ 12) will ask the Court to award them attorneys’ fees of up to 40% of the Maximum Settlement Fund, plus reasonable costs, for the substantial time, expense and effort expended in investigating the facts, litigating the case, and negotiating the Settlement. The Class Representatives also will apply to the Court for a payment of up to $5,000 each for their time, effort, and service to the Class in this matter.
Back To Top
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 Defendants and Released Parties and their related entities and relating to any Released Claim as defined in the Settlement Agreement. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available here and upon request. Unless you formally exclude yourself from this Settlement, you will release your claims. 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.
Back To Top
The Parties cannot predict exactly when (or whether) the Court will give final approval to the Settlement, so please be patient. However, if the Court finally approves the Settlement, you will be paid as soon as possible after the court order becomes final, which should occur within approximately 120 days after the Settlement has been finally approved. If there is an appeal of the Settlement, payment may be delayed. Updated information about the case can be obtained through Class Counsel at the information provided below.
Back To Top
The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement. At the Final Approval Hearing, the Court will also consider whether to make final the certification of the Class for settlement purposes only, hear any proper objections and arguments to the Settlement, as well as any requests for an award of attorneys’ fees, costs, and expenses and Class Representative Awards that may be sought by Plaintiffs and Class Counsel. The Court will hold the Final Approval Hearing on May 6, 2025, at 11:00 a.m., in 405 of the St. Clair County Courthouse, and via Zoom [Meeting ID: 774 529 8349].
If the Settlement is given final approval, the Court will not make any determination as to the merits of the claims against Defendant or its defenses to those claims. Instead, the Settlement’s terms will take effect and the Lawsuits will be dismissed on the merits with prejudice. Both sides have agreed to the Settlement in order to achieve an early and certain resolution to the Lawsuits, in a manner that provides specific and valuable benefits to the members of the Settlement Class.
If the Court does not approve the Settlement, if it approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become final for some other reason, you will not be paid at this time and Settlement Class Members will receive no benefits from the Settlement. Plaintiffs, Defendants, and all of the Settlement Class Members will be in the same position as they were prior to the execution of the Settlement, and the Settlement will have no legal effect, no class will remain certified (conditionally or otherwise), and the Plaintiffs and Defendants will continue to litigate the Lawsuits. There can be no assurance that if the Settlement is not approved, the Settlement Class will recover more than is provided in the Settlement, or indeed, anything at all.
Back To Top
The Court has approved the following attorneys 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.
Roberto L. Costales
William H. Beaumont
Beaumont Costales LLC
107 W. Van Buren, Suite 209
Chicago, IL 60605
rlc@beaumontcostales.com
whb@beaumontcostales.com
Back To Top
This website and the Notice are 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 by going to the Important Documents Page. If you have any questions, you can also call the Settlement Administrator at (866) 675-2936. You can also contact Class Counsel at the email addresses set forth in FAQ 12. In addition, 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.
Back To Top