Frequently Asked Questions

  1. Why did I get a Post Card or Email 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 does the Settlement Provide?
  7. What Rights am I giving up in this Settlement?
  8. When will I be paid?
  9. Who represents the Class?
  10. Where can I get Additional Information?
  1. Why did I get a Post Card or Email Notice?

    These are Court-authorized notices of a proposed Settlement in a class action lawsuit, Salkauskaite, et al. v. Sephora USA, Inc., Case No. 2018-CH-14379 (Cir. Ct. Cook Cnty., Illinois) pending in the Circuit Court of Cook County, Illinois before the Honorable Anna M. Loftus. The Settlement would resolve a lawsuit brought on behalf of persons who allege that Sephora USA, Inc. (“Sephora”) collected, stored, and used individuals’ biometric facial geometry without first providing them with legally-required written disclosures and obtaining written consent. If you received this notice, you have been identified as someone who may have interacted with a Sephora Virtual Artist Kiosk within the state of Illinois. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only. This notice explains the nature of the class action lawsuit, 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.

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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 capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information, such as facial geometry, of another individual for any purpose, including identity verification, without first providing such individual with certain written disclosures and obtaining written consent. This lawsuit alleges that Defendant violated the BIPA by collecting, storing, and using the biometric facial geometry of individuals who interacted with a Sephora Virtual Artist Kiosk, without first providing the requisite disclosures or obtaining the requisite consent. Defendant contests these claims and denies that it violated the BIPA.

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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 against Sephora and its affiliated entities. The Settlement requires Sephora to pay money to the Settlement Class, as well as pay settlement Administration Expenses, attorneys’ fees and costs to Class Counsel, and an Incentive Award to the Class Representative, if approved by the Court. The Settlement is not an admission of wrongdoing by Sephora and does not imply that there has been, or would be, any finding that Sephora 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 be given 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 give Final Approval of 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.

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  5. Who is in the Settlement Class?

    You are a member of the Settlement Class if you interacted with any Sephora Virtual Artist Kiosk in the state of Illinois from July 1, 2018 to March 12, 2021. If you had any interaction with one of Sephora’s in-store Virtual Artist Kiosks in the state of Illinois, then you may  submit a claim for cash benefits.

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  6. What does the Settlement Provide?

    Cash Payments. Defendant Sephora has agreed to create a Settlement Fund for the Class Members to pay valid claims, settlement Administration Expenses, attorneys’ fees, costs and expenses, and an Incentive Award to the Class Representative. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely Claim Form that is deemed valid will be entitled to an equal payment paid out of the Settlement Fund. The exact amount of each Class Member’s payment is unknown at this time but could be approximately $500.00, depending on certain unknown factors to be determined, including the total number of valid Claim Forms submitted. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the Final Approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 100 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees of up to 35 percent of the Settlement Fund, plus reasonable costs, for the substantial time, expense and effort spent investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000.00 for her time, effort, and service in this matter.

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  7. 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 Defendant and its related entities, agents, and vendors (as defined in the Settlement Agreement), relating to the alleged collection of individuals’ facial geometry while they interacted with a Sephora Virtual Artist Kiosk in Illinois. 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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  8. When will I be paid?

    The Court granted final approval to the Settlement in class action lawsuit, Salkauskaite, et al. v. Sephora USA, Inc., Case No. 2018-CH-14379 (Cir. Ct. Cook Cnty., Illinois) on June 23, 2021. The Settlement Administrator is in the process of evaluating and paying valid claimants.

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  9. Who represents the Class?

    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.

      
    Evan M. Meyers
    Eugene Y. Turin
    Timothy P. Kingsbury
    MCGUIRE LAW, P.C.
    55 W. Wacker Drive, 9th Floor Chicago, IL 60601

    emeyers@mcgpc.com
    eturin@mcgpc.com
    tkingsbury@mcgpc.com
    Tel: 312-893-7002

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  10. Where can I get Additional Information?

    The notice is only a summary of the proposed Settlement of this lawsuit. More details are available in the Settlement Agreement which, along with other documents, can be obtained on the Case Documents page of this website. If you have any questions, you can also call the Settlement Administrator at 866-810-0906 or Class Counsel at the number or email addresses set forth above. 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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