1. Why did I get Notice?
2. What is a class action?
3. What is this class action about?
4. Why is this particular lawsuit a class action?
5. Has the Court decided who is right?
6. Is there any money available now?
7. Am I a part of this class?
8. What if I’ve never been to Scarlett’s Cabaret?
9. What if I know someone who provided their fingerprint at Scarlett’s Cabaret and did not get the notice?
10. Do I have to do anything? What happens if I do nothing at all?
11. Why would I ask to be excluded?
12. How can I ask to be excluded?
13. Do I have a lawyer in the case?
14. Should I get my own lawyer?
15. How will the lawyers be paid?
16. How will the Court decide who is right?
17. Do I have to come to the trial?
18. Will I get money or other relief after the trial?
19. Are more details available?
Plaintiffs’ counsel has determined that you may be a member of a class action lawsuit. The Notice. explains that the Court has “certified” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The lawsuit is to decide whether the claims being made against the Scarlett’s Defendants on your behalf are correct. Judge Christopher T. Kolker of the Illinois Circuit Court of St. Clair County is overseeing this class action. The lawsuit is called Rapp et al. v. RCI Management Services, Inc. et al., Case No. 22LA884.
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In a class action, one or more “plaintiffs,” also called “class representatives” (in this case, Adam Rapp and Larrin Johns), sue on behalf of themselves and other people with similar claims. All the people with similar claims are together called the “class” or “class members.” The company or companies they sue (in this case, the Scarlett’s Defendants) are called the “defendants.” In a class action, a single court resolves the issues for all class members, except for those who exclude themselves from the class. A class action allows the claims of all class members to be more efficiently resolved than they would be in separate lawsuits and provides a remedy for class members whose individual damages are not large enough to justify their own separate lawsuits.
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This class action alleges the Scarlett’s Defendants captured, collected, or otherwise obtained the biometric information of individuals who purchased “Dance Dollars” at Scarlett’s Cabaret. Plaintiffs, who were customers at Scarlett’s Cabaret, claim that the Scarlett’s Defendants obtained an ink copy of their fingerprints on “Dance Dollar Forms” after they purchased “Dance Dollars” at Scarlett’s Cabaret. Plaintiffs allege that this practice of obtaining fingerprints without informed written consent violated the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/et seq., and that Class Members are entitled to recover statutory damages in an amount of either $1,000 or $5,000 per violation in addition to other nonmonetary relief.
The Scarlett’s Defendants deny these allegations.
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The Court decided that the claims in this case can be a class action and move toward a trial because this case meets the requirements of Section 2-801 of the Illinois Code of Civil Procedure, which governs class actions in Illinois courts. Specifically, the Court found that (a) there are more than enough people with similar claims, (b) there are legal questions and facts that are common to all class members, (c) Plaintiffs’ claims are typical of the claims of other class members, (d) Plaintiffs and the lawyers representing the class will fairly and adequately represent the class’ interests, and (e) this class action will be more efficient than having many individual lawsuits.
More information about why the Court is allowing this lawsuit to be a class action is in the Court’s order certifying the class, available here.
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No. The Court has not determined whether the Scarlett’s Defendants violated BIPA, nor has the Court determined what, if any, money or other relief is available to the class. By establishing the class and issuing notice, the Court is not determining that Plaintiffs will win or lose this case. Plaintiffs must prove their claims at an upcoming trial. (See “The Trial” below.)
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No money or other benefits are available at this time. The Court has not yet decided whether the Scarlett’s Defendants did anything wrong. Further, the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified about how you may receive such benefits.
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The Court has decided that the class includes:
“All individuals whose fingerprints were placed on a Dance Dollar Form at Scarlett’s Cabaret from October 20, 2017 to July 18, 2024.”
If you meet this definition, you are part of the class.
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You have received the notice because a person with your name may have visited Scarlett’s Cabaret and provided an ink copy of their fingerprint to the Club. If that person was not you, and you’ve never been to Scarlett’s Cabaret, then you are not a class member and you can disregard the notice.
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If you know someone who provided their fingerprint on a “Dance Dollar Form” at Scarlett’s Cabaret on or after October 20, 2017, and that person did not receive a copy of this notice, you can direct them to call the notice administrator for more information. The notice administrator can be reached at: (888) 226-8857. You can also direct them to contact class counsel, whose contact information is listed in FAQ13, below.
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No, you do not have to do anything at all to stay in the class action, and staying in the class action is the only way to receive any potential money or other benefits from this case. If you do nothing and you qualify as a member of the class, then you will automatically stay in the class action as a class member, and you will automatically be notified if you are entitled to receive any money or benefits from this case.
Keep in mind that if you stay in the class, regardless of whether Plaintiff wins or loses at trial, you will not be able to sue or continue to sue Scarlett’s Defendants about the same issues that are the subject of this class action, and you will be bound by any judgment the Court makes at trial.
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If you exclude yourself from the class—which also means to remove yourself from the class, and is sometimes called “opting out” of the class—you won’t get any money or benefits from this lawsuit even if Plaintiffs obtain them as a result of the trial between the Scarlett’s Defendants and Plaintiffs. However, you may then be able to sue or continue to sue (at your own expense) the Scarlett’s Defendants regarding the claims at issue in this class action. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.
If you start your own lawsuit against the Scarlett’s Defendants after you exclude yourself, you’ll have to hire and pay your own lawyer for the lawsuit, and you’ll have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against the Scarlett’s Defendants, you should talk to your lawyer soon because your claims may soon be barred by a statute of limitations.
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To ask to be excluded, you must send an “Exclusion Request” in the form of either a letter sent by U.S. Mail, an email stating that you want to be excluded from the Scarlett’s Cabaret BIPA class action. Your Exclusion Request must include your complete name, address, email address, telephone number, and signature. Exclusion requests must be signed to be valid. If you choose to mail your Exclusion Request, send it to Scarlett’s Cabaret BIPA Class Action Lawsuit, c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799. If you choose to email your Exclusion Request, email it to info@ScarlettsBIPAClassAction.com.
Exclusion Requests that are not postmarked or emailed by November 15, 2024, will not be recognized.
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Yes, if you are a member of the class defined above and do not exclude yourself, you automatically have a lawyer representing you at no out‐of‐pocket cost to you. The Court has appointed lawyers that the Court has decided are qualified to represent you and all class members. These lawyers are called “class counsel” and are experienced in handling class actions and complex cases. The lawyers who have been appointed as class counsel are:
Roberto Costales
William H. Beaumont
Beaumont Costales LLC
107 W. Van Buren
Suite 209
Chicago, Illinois 60605
whb@beaumontcostales.com
rlc@beaumontcostales.com
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You do not need to hire your own lawyer because class counsel is working on your behalf. However, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask them to appear in court for you in this case if you want someone other than class counsel to speak for you.
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If class counsel recover money or benefits for the class, they may ask the Court for fees and expenses. You won’t have to pay these fees and expenses out of your own pocket. Rather, if the Court grants class counsel’s request, the fees and expenses would be either deducted from any money obtained for the class or paid separately by the Scarlett’s Cabaret Defendants.
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The Court has scheduled a trial to decide who is right in this case. The trial will begin on March 25, 2025, if the case isn’t resolved by a settlement or otherwise. Information about the date and location of the trial will be posted on this website.
If a trial goes forward, class counsel will have to prove Plaintiffs’ claims at a trial. During the trial, a jury will hear all the evidence to help them reach a decision about whether Plaintiffs or the Scarlett’s Defendants are right about the claims in the lawsuit. There is no guarantee that Plaintiffs will win or that they will get any money for the class.
Please note that the date of the trial in this matter is subject to change, and without further notice. You can check this website for updates about the trial schedule.
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You do not need to attend the trial, although you may be required to attend the trial if called as a witness. Class counsel will present the case for Plaintiffs and the class members, and the Scarlett’s Defendants will present the defenses. The results of the trial will be posted on this website.
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If Plaintiff obtains money or benefits as a result of the trial or a settlement, you will be notified about how to obtain the money or benefits. We do not know how long this will take.
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Visit the Important Documents page of this website to find the Court’s Order certifying the class, the First Amended Complaint filed by Plaintiffs, and the Scarlett’s Defendants’ Answer to the First Amended Complaint, among other documents. You may also speak to class counsel, whose contact information is listed above in FAQ13, free of charge.
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