The class action settlement provides for a total payment of $4,500,000 that PMall has agreed to pay to settle the claims of Settlement Class Members. Subject to Court approval, the Gross Fund shall be reduced by the following: (1) the Settlement Administrator’s costs of up to $100,000; (2) an Incentive Award of $7,500 for each of the three Settlement Class Representatives; and (3) Settlement Class Counsel’s costs (not to exceed $7,300) and an award of up to one-third of the total settlement (minus the costs of notice and settlement administration, the Incentive Awards, and Settlement Class Counsel’s costs) for attorney fees (approximately $1,456,733). Following these reductions, the remaining amount 2 shall constitute the Net Fund which shall be distributed equally to Settlement Class Members who timely return valid claim forms (“Settlement Class Participants”).
The amount of money each Settlement Class Participant will receive will depend on the number of valid claim forms received and on the total amount deducted from the Gross Fund to cover administration costs, incentive awards, and attorneys’ fees and costs. For example, if the administration costs, awards, and attorneys’ fees and costs listed above are deducted, and 10% of the 20,393 registrations are Settlement Class Participants, each will receive approximately $1,428. If 50% of the registrations are Settlement Class Participants, each will receive approximately $285. These are examples: your actual payment could be more or could be less, and it will not be determined until all claims are submitted and the Court grants final approval of the settlement.
Unless you exclude yourself from the settlement as explained below, you will give up all claims arising out of the allegations in the Consolidated Class Action Complaint in the Action, including claims that were litigated in the Action or that could have been brought in the Action, whether known or unknown, arising from or related to the same nucleus of facts, or that relate in any way to Plaintiffs’ and the Settlement Class Members’ Biometric Information or Biometric Identifiers (as those terms are defined in BIPA) or to data generated by measurements of their biological, physical, or behavioral patterns or characteristics, or to the possession, collection, capture, purchase, receipt, obtainment, sale, lease, trade, profit, disclosure, redisclosure, dissemination, use, storage, transmission, protection, or deletion of their Biometric Information, of their Biometric Identifiers, or of their biological, physical, or behavioral patterns or characteristics.
The release of claims covers PMall, Bed Bath and Beyond Inc. (a former owner of PMall), and 1-800 Flowers.com, Inc. (the current owner of PMall), and each of their respective past, present, and future owners, affiliates, parents, subsidiaries, divisions, officers, directors, shareholders, agents, employees, independent contractors, attorneys, insurers, reinsurers, benefit plans, predecessors, and successors.