Frequently Asked Questions

BASIC INFORMATION

1. WHY WAS THIS NOTICE ISSUED?

A Court authorized this notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

The case is pending in the Circuit Court of Will County, Illinois, Twelfth Judicial Circuit. The case is called John Hancock v. AAA Galvanizing - Peoria, Inc. and AZZ, Inc., Case No. 2021L612. The person who sued is called the Plaintiff. The Defendants are AAA Galvanizing - Peoria, Inc. and AZZ, Inc.

2. WHAT IS A CLASS ACTION?

In a class action, one or more people called class representatives (in this case, John Hancock) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.

3. WHAT IS THIS LAWSUIT ABOUT?

This lawsuit alleges that AZZ violated Illinois law by unlawfully collecting, capturing, receiving, or otherwise disclosing the Biometric Identifiers and/or Biometric Information of those who worked for it through its handprint clock-in system. AZZ denies the claims in the lawsuit and contends that it did not do anything wrong and denies that class certification is warranted or appropriate. The Court did not resolve the claims and defenses raised in this action. Nor has the Court determined that AZZ did anything wrong or that this matter should be certified as a class action, except the class may be certified for settlement purposes only if the Settlement is fully approved by the Court. Rather, the Parties have, without admitting liability, agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

4. WHY IS THERE A SETTLEMENT?

The Court has not decided whether the Plaintiffs or AZZ should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The issuance of this Notice is not an expression of the Court’s opinion on the merit or the lack of merit of the Plaintiff’s claims or the defenses in the lawsuit. Both parties recognize that to resolve the issues raised in the lawsuit would be time-consuming, uncertain, and expensive.

WHO’S INCLUDED IN THE SETTLEMENT?

5. HOW DO I KNOW IF I AM IN THE SETTLEMENT CLASS?

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals whose hand or palm scan(s) and/or associated biometric identifier, information, or data was captured, obtained, stored, transferred and/or used by AZZ's timekeeping system in one or more of AZZ's facilities located within the State of Illinois between August 10, 2016 and August 10, 2021.

THE SETTLEMENT BENEFITS

6. WHAT DOES THE SETTLEMENT PROVIDE?

Monetary Relief: A non-reversionary Settlement Fund has been created totaling $674,661.00. Class Member payments as well as the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees, and awards to the Class Representatives, will come out of this fund (see Question 11).

Prospective Relief: AZZ has represented that it is providing all notices and consents required by BIPA.

A detailed description of the settlement benefits can be found in the Case Documents section of this website.

7. HOW CAN I GET A PAYMENT FROM THE SETTLEMENT?

If you are a Settlement Class Member, you do not have to do anything to receive payment. A check will be mailed to you if the Court grants final approval of the settlement.

8. WHEN WILL I GET MY PAYMENT?

The hearing to consider the fairness of the settlement is scheduled for August 28, 2023. If the Court approves the settlement, Class Members will receive their payment within 60 days after the Settlement has been finally approved and/or after any appeals process is complete. Class Members will receive their payment in the form of a check. All checks will expire and become void 45 days after they are issued.

REMAINING IN THE SETTLEMENT

9. WHAT AM I GIVING UP IF I STAY IN THE CLASS?

If the Settlement becomes final, you will give up your right to sue AZZ and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against AZZ are described in the Settlement Agreement. You will be “releasing” AZZ and certain of its affiliates, employees and representatives as described in Section 3.2 of the Settlement Agreement. Unless you exclude yourself (see Question 12), you are “releasing” the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available through the Case Documents link on the website.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 10 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

THE LAWYERS REPRESENTING YOU

10. DO I HAVE A LAWYER IN THE CASE?

The Court has appointed Beaumont Costales, LLC to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

11. HOW WILL THE LAWYERS BE PAID?

Any Class Counsel attorneys’ fees and costs awarded by the Court will be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than 40% of the Settlement Fund, plus reimbursement of reasonable costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund. Subject to approval by the Court, the Class Representative may be paid up to $5,000 from the Settlement Fund.

EXCLUDING YOURSELF FROM THE SETTLEMENT

12. HOW DO I GET OUT OF THE SETTLEMENT?

To exclude yourself from the Settlement, you must mail or otherwise deliver a written request for exclusion stating that you want to be excluded from the Hancock v. AAA Galvanizing - Peoria, Inc. and AZZ, Inc., Case No.2021L612 settlement. Your letter or request for exclusion must also include your name, your address, your signature, the name and number of this case, and a statement that you wish to be excluded. You must mail or deliver your exclusion request no later than July 27, 2023 to:

Hancock v. AZZ Inc.

c/o Settlement Administrator

PO Box 25226

Santa Ana, CA 92799

13. IF I DON’T EXCLUDE MYSELF, CAN I SUE AZZ FOR THE SAME THING LATER?

No. Unless you exclude yourself, you give up any right to sue AZZ for the claims being resolved by this Settlement.

14. IF I EXCLUDE MYSELF, CAN I GET ANYTHING FROM THIS SETTLEMENT?

No. If you exclude yourself, you will not receive a pro rata payment from the Net Settlement Fund.

OBJECTING TO THE SETTLEMENT

15. HOW DO I OBJECT TO THE SETTLEMENT?

If you are a Class Member and do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the Settlement in Hancock v. AAA Galvanizing - Peoria, Inc. and AZZ, Inc., Case No. 2021L612 and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a Class Member, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and AZZ’s Counsel listed below.

Class Counsel will file with the Court and post on this website its request for attorneys’ fees by July 13, 2023.

If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to Question 18), you must say so in your letter or brief and file the objection with the Court and mail a copy to these two different places postmarked no later than July 27, 2023.

16. WHAT’S THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING MYSELF FROM THE SETTLEMENT?

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

THE COURT’S FINAL APPROVAL HEARING

17. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold the Final Approval Hearing at 9:00 a.m. on August 28, 2023 at the Will County Courthouse, 100 West Jefferson Street, Joliet, IL 60432. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be available to hear any timely filed objections and arguments concerning the fairness of the Settlement.

The hearing may be postponed to a different date or time without notice, so it is a good idea to check Important Dates on this website or call 1-866-613-7705. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of such Final Approval Hearing.

18. DO I HAVE TO COME TO THE HEARING?

No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

19. MAY I SPEAK AT THE HEARING?

Yes. So long as you timely filed an objection to the settlement, you may ask the Court for permission to speak at the Fairness Hearing, but do not have to. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Hancock v. AAA Galvanizing - Peoria, Inc. and AZZ, Inc., Case No. 2021L612.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. You must also be available to sit for a deposition within 40 miles of your residence or by remote video conference, and you must indicate in your letter or brief each date you are available to sit for a deposition during the 21-day period following the submission of your objection. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than July 27, 2023, and be sent to the addresses listed in Question 15.

GETTING MORE INFORMATION

20. WHERE DO I GET MORE INFORMATION?

More details, including the Settlement Agreement and other documents are available on this website in the Case Documents. You may also write with questions to Hancock v. AZZ Inc., c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA, 92799. You can call the Settlement Administrator at 1-866-613-7705, if you have any questions. Before doing so, however, please read this full Notice carefully. You may also find additional information elsewhere on the case website. Please do not telephone the Court to inquire about the settlement process.