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On September 8, 2023, the United States District Court for the Northern District of Illinois certified classes of consumers in 7 states who alleged that Defendants—operators of “people search” websites that provide certain background information on individuals—used tens of thousands of individuals’ identities to solicit subscription purchases in violation of their states’ right of publicity statutes. The settlement resolves several cases that class counsel vigorously litigated and creates non-reversionary, state-specific settlement funds that total $10,102,897.
The Court appointed East End Trial attorney Kevin Tucker to represent the settlement classes, as well as his co-counsel from Edelson PC; Bursor & Fisher, P.A.; and Beaumont Costales LLC.
The settlement creates seven state-specific settlement funds, from which eligible class members are expected to receive individual payments between $577 and $960 for residents in Alabama; $82 to $137 for California; $635 to $1,058 for Illinois; $111 to $185 for Indiana; $82 to $137 for Nevada; $286 to $477 for Ohio; and $107 to $178 for South Dakota.
Under the settlement, Defendants also agree not to display the name of any person included in the settlement who has an address, according to Defendants’ database, in Alabama, California, Illinois, Indiana, Nevada, Ohio, or South Dakota on any page of the Instant Checkmate, Intelius, Truthfinder, and U.S. Search products that includes a subscription offer. Defendants will implement this change within 30 days of the entry of a Final Approval Order.
The case is Fischer v. Instant Checkmate LLC, No. 1:19-cv-04892 (N.D. Ill.). The Court’s class certification and preliminary approval order is available at Fischer v. Instant Checkmate LLC, No. 1:19-cv-04892, Doc. 272 (N.D. Ill. Sept. 8, 2023).