1. Why is the notice being provided?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a Settlement?
5. How do I know if I am part of the Settlement?
6. What if I am not sure whether I am included in the Settlement?
7. What benefits does the Settlement provide?
8. Tell me more about the Voucher.
9. What am I giving up as part of the Settlement?
10. Do I have a lawyer in the case?
11. How will the lawyers be paid?
12. What does it mean to exclude myself from the Settlement?
13. If I exclude myself, can I get anything from this Settlement?
14. If I do not exclude myself, can I sue later?
15. How do I exclude myself from the Settlement?
16. How do I tell the Court if I do not like the Settlement?
17. What is the difference between objecting and asking to be excluded?
18. When and where will the Court decide whether to approve the Settlement?
19. Do I have to come to the Final Approval Hearing?
20. May I speak at the Final Approval Hearing?
21. What happens if I do nothing at all?
22. How do I get more information about the Settlement?
The Class Notice is provided pursuant to an order issued by the Court to inform you of the proposed Settlement and the Final Approval Hearing to be held by the Court to consider, among other things, (a) whether the Settlement is fair, reasonable and adequate and should be approved; and (b) whether to grant Class Counsel’s request for a Fee Award, and the Class Representatives’ request for incentive awards. The Class Notice explains the nature of the lawsuit, the general terms of the proposed Settlement (including the Vouchers available), and your legal rights and obligations. The Class Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses asserted in the Lawsuit.
The judge of the Circuit Court of the 19th Judicial District, Lake County (Illinois) is overseeing this action, which is known as Emilie Hayek et al v. Alo, LLC, Case No. 2024LA00000193 (“Lawsuit”). The persons who filed the lawsuit are called the “Plaintiffs.” Alo, LLC, is the “Defendant.”
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The lawsuit alleges that Alo, LLC (“Alo Moves”) installed the Meta Pixel on its website. The Meta Pixel is a piece of computer code that registers the webpages visited by a user and transfers that information to Meta, formerly known as Facebook. Plaintiffs allege that the Meta Pixel discloses which videos a user watches on the Alo Moves website, and that doing so violates the Video Privacy Protection Act, 18 U.S.C. § 2710 et seq.
Alo Moves vigorously denies Plaintiffs’ allegations, and no court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated.
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In a class action, one or more people called “class representatives” or “Representative Plaintiffs” sue on behalf of themselves and other people with similar claims. The Plaintiffs (the class representatives here), together with the people they represent, are called Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those people who timely exclude themselves from the Settlement Class. In this case, the Class Representatives are Emilie Hayek, Anuraag Khandelwal, and Samantha Cutrona.
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The Court has not decided in favor of Plaintiffs or Alo Moves. Instead, both sides agreed to a settlement. Settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to members of the Settlement Class. The Class Representatives and attorneys for the Settlement Class (“Settlement Class Counsel”) believe the Settlement is in the best interests of the Settlement Class Members.
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You are included in the Settlement Class if you are a member of the following:
All Persons in the United States who, from October 20, 2021 to the Present, watched one or more videos on Alo Moves, and whose Video Viewing Information was disclosed to Meta via the Meta Pixel.
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If you are not sure whether you are in the Class, or have any other questions about the Settlement, write to: Hayek et al v. Alo LLC c/o Settlement Administrator P.O. Box 25199, Santa Ana, CA 92799.
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Every member of the Settlement Class who makes a valid claim will receive a voucher containing a unique code, which can be redeemed for three months of free access to all services provided on the Alo Moves website.
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The Voucher will contain a unique code that can be redeemed on the Alo Moves website. Each Class Member who makes a valid claim will receive one Voucher. Vouchers are fully transferrable and may be sold for cash or other considerations. The services provided in each Voucher have a retail value of $38.79. Vouchers must be redeemed on the Alo Moves website within six (6) months of being issued.
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Unless you exclude yourself, you cannot sue Alo Moves or be part of any lawsuit against Alo Moves involving any of the issues or claims in this Lawsuit; you will be subject to and bound by all of the decisions by the Court in this lawsuit; and you will be releasing all claims against Alo Moves and all related entities and individuals, as described in the Settlement Agreement.
The Settlement Agreement is available at www.hayeksettlement.com. The Settlement Agreement describes the Released Claims and Released Parties, so please read it carefully. If you have any questions about what this means, you can communicate with Settlement Class Counsel, or you can talk to your own lawyer at your own expense.
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Yes, you do have a lawyer in the case. The Court appointed the law firms of Meyer Wilson Co., LPA, and Levin Law, P.A., to represent the Settlement Class. These firms are called “Settlement Class Counsel.” You will not be charged by these lawyers for their work on this case. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will ask the Court for Alo Moves to pay a Fee Award of up to $625,000, and Class Representatives’ incentive awards not to exceed $2,000 each. The Court will ultimately decide the appropriate amount of attorneys’ fees, expenses, and service awards.
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If you want to keep the right to sue Alo Moves regarding the claims asserted in this Lawsuit, you must take steps to exclude yourself from the Settlement Class. Excluding yourself is also called “opting out” of the Settlement.
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If you exclude yourself, you cannot get a Voucher under the Settlement Agreement and you cannot object to the Settlement, Class Counsel’s request for a Fee Award, or Class Representatives’ request for incentive awards.
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Unless you exclude yourself, you give up the right to sue Alo, LLC and the Released Parties for all claims asserted in the Lawsuit and subject to the Settlement Agreement.
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To exclude yourself from the proposed Settlement, you must timely submit, by U.S. Mail, written notice of your intent to opt-out of the Settlement to the Settlement Administrator’s designated address established for opt-outs. The written notice must clearly manifest your intent to be excluded from the Settlement Class in Emilie Hayek et al v. Alo, LLC, and must be signed by you. You can only request exclusion for yourself: you cannot request to exclude any other member of the Settlement Class. Mass opt-outs are not permitted.
To be effective, written notice must be postmarked by October 18, 2024 and mailed to:
Hayek et al v. Alo LLC
c/o Settlement Administrator
P.O. Box 25199
Santa Ana, CA 92799
You cannot ask to be excluded on the phone, by email, or on this website.
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If you are a Settlement Class Member, you can object to or comment on the Settlement, Settlement Class Counsel’s request for attorneys’ fees and expenses, and/or the Settlement Class Representative’ request for service awards. To object, you must state in writing that you object to the Settlement, and include the following information in your written objection:
Failure to include this information may be grounds for the Court to disregard your objection.
To be considered timely, any valid objection in the appropriate form must be filed with the Clerk of the Circuit Court for the 19th Judicial District no later than sixty (60) days following the Notice Date. The Settlement Class Member must also mail a copy of their objection to the following different places, postmarked no later than October 18, 2024:
Court | Plaintiffs’ Counsel | Alo, LLC’s Counsel |
Clerk of the Court | Matthew R. Wilson | Meegan Brooks |
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You can object to the Settlement when you wish to remain a Settlement Class Member and be subject to the Settlement but disagree with some aspect of the Settlement. An objection allows your views to be heard in Court.
Excluding yourself from the Settlement Class means that you are no longer a Settlement Class Member and do not want the Settlement to apply to you. Once you are excluded, you lose the right to receive a Voucher as part of the Settlement, or to object to any aspect of the Settlement because the case no longer affects you.
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The Court will hold a Final Approval Hearing at 9:00 a.m. on December 19, 2024 at the 19th Judicial District Circuit Court, 18 N County Street, Waukeegan, IL 60085. At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court may also consider Settlement Class Counsel’s request for a Fee Award and Representative Plaintiffs’ request for incentive awards. If there are objections, the Court will consider them during the Final Approval Hearing. After the Final Approval Hearing, the Court will decide whether to approve the Settlement Agreement, and determine how much to award to Settlement Class Counsel for attorneys’ fees and expenses, and to Representative Plaintiffs as a Service Award. You do not need to attend.
The Final Approval Hearing may be moved to a different date or time without additional notice, which shall be posted on the Settlement Website. If you wish to attend the Final Approval Hearing it is recommended that you periodically check this website to confirm the date of the Final Approval Hearing.
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You do not have to attend the Final Approval Hearing. Settlement Class Counsel will attend this hearing and will answer any questions that the Court may have regarding the Settlement. However, you are welcome to attend this hearing at your own expense. If you submit a written objection, you do not have to come to the Final Approval Hearing to raise your objection. As long as you timely filed your objection with the Court and mailed your objection to the Court, Settlement Class Counsel, and Alo, LLC’s Counsel, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but their attendance is not necessary.
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Yes, you may speak at the Final Approval Hearing. If you would like to do so, you must include within a timely and valid objection, as described above, that you intend to personally appear and testify at the Final Approval Hearing and you must identify any counsel representing you who intends to appear at the Final Approval Hearing. You cannot speak at the Final Approval Hearing if you exclude yourself from the Settlement.
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If you are a Settlement Class Member and you do nothing, you will be legally bound by any Settlement approved by the Court but you will not receive a Voucher as part of the Settlement Agreement. You will not be able to bring a lawsuit or assert any legal claims against Alo, LLC and the Released Parties about the claims raised in this Lawsuit.
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The Notice summarizes the Settlement but more details are included in the Settlement Agreement. You can get a copy of the Settlement Agreement here or by contacting the Claims Administrator at (844) 804-4754, info@hayeksettlement.com OR mailing Hayek et al v. Alo LLC c/o Settlement Administrator P.O. Box 25199, Santa Ana, CA 92799.
You can also download a copy of the Claim Form, or get additional information about the Settlement and Lawsuit, in the Important Documents section of this website.
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