Howell v. Bumble Trading L.L.C.

The Court authorized the Notice, and the notice you may have received in the mail or by email, to let you know about a proposed class action settlement involving Defendants. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

Judge Ronald A. Barch of the Circuit Court of Winnebago County, Illinois is overseeing this case. The case is known as Howell et al. v. Bumble Trading L.L.C. et al., No. 2021-L-307 (Cir. Ct. Winnebago Cnty., Ill.). The people who sued are called "Plaintiffs" or "Class Representatives." The companies they sued—Badoo Trading Limited and Bumble Trading L.L.C.—are called "Defendants."

In a class action, one or more people called "plaintiffs" or "class representatives" sue on behalf of a group of people who have similar claims. In this case, these people together are called the "Settlement Class." In a class action settlement, the Court resolves the issues for all members of the settlement class, except for those who exclude themselves from the settlement class. People who do not exclude themselves in this Settlement are called "Settlement Class Members." After the Parties reached an agreement to settle this case, the Court recognized it as a case that may be treated as a class action for settlement purposes.

This lawsuit involves the Bumble and Badoo dating apps. The lawsuit alleges that the apps violated Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), in connection with user photographs uploaded to the apps. Bumble and Badoo deny all of the allegations made in the lawsuit and do not make any admission of guilt or wrongdoing by entering into the Settlement. A copy of the Complaint in the lawsuit can be found here.

The Court has not decided whether Plaintiffs or Defendants should win this case. Instead, both sides agreed to a settlement. The Class Representatives and their attorneys (“Class Counsel”) believe the Settlement is in the best interests of the Settlement Class.

The Settlement Class includes all individuals who used the Bumble or Badoo apps while a resident of or located in the State of Illinois between November 1, 2016, and December 31, 2021.

Excluded from the Settlement Class are:

1. Defendants;
2. Defendants’ parents, subsidiaries, affiliates, officers, directors, investors, and employees;
3. any entity in which Defendants have a controlling interest;
4. any individual who, in any other matter or proceeding, has agreed to release claims otherwise covered by the Settlement before September 20, 2024; and
5. any judge presiding over the pending lawsuit, the judge’s staff, and members of the judge’s immediate family.

As part of the Settlement, Defendants have agreed to pay $40 Million into a fund to pay each Settlement Class Member who submits a Valid Claim, as well as any court approved attorneys’ fees and expenses, Service Awards to Class Representatives, and notice and settlement administration costs. Each Settlement Class Member who submits a timely, Valid Claim may receive a pro rata portion of the Net Settlement Fund after attorneys' fees and expenses, service awards, and admin fees are deducted. The per-person payment to each Valid Claimant depends on certain unknown factors, including the number of valid Claim Forms submitted. As part of the Settlement, Defendants have agreed to delete any previously-collected biometric information and/or biometric identifiers of the Settlement Class that were obtained during the photo verification or content moderation process (if any) and that, subject to any changes in relevant authority, Defendants will continue to comply with BIPA to the extent that they collect data that falls within the scope of the statute. Class Counsel will apply to the Court seeking up to 35 percent of the Settlement Fund as payment for reasonable attorneys’ fees, plus expenses in an amount to be approved by the Court, and the Class Representatives will apply for up to $5,000 each in Service Awards for their time and effort expended in serving the Class. Class Counsel’s motion for fees and expenses, as well as the Class Representatives’ application for service awards, will be available under the Important Documents page of this website.

The deadline to file a claim was September 20, 2024, and has passed. It is too late to file a claim in this matter.

The Court approved the Settlement on October 24, 2024. There may be appeals, and the appeal process can take time. If there is no appeal, your Class Benefit will be processed promptly. Please be patient. Updates regarding the Settlement and when payments will be made will be posted on this website.

Yes, the Court has appointed lawyers Katrina Carroll of Lynch Carpenter LLP, Jonathan M. Jagher of Freed Kanner London & Millen, LLC, and Evan M. Meyers of McGuire Law, P.C., as the attorneys to represent you and other members of the Settlement Class. These attorneys are called “Class Counsel.” You will not be charged for these lawyers.

Class Counsel’s contact information is as follows:

In addition, the Court appointed Plaintiffs Dario Dzananovic and Kemelle Howell to serve as the Class Representatives. They are members of the Settlement Class like you.

You don’t need to hire your own lawyer because Class Counsel is working on your behalf at no additional cost to you. If you want your own lawyer, you will have to pay that lawyer. For example, you can ask your lawyer to appear in court for you at your own expense if you want someone other than Class Counsel to represent you.

The Court has approved payment of attorneys’ fees, costs and expenses to Class Counsel in the amount of $14,103,727.98 and has approved Service Awards to the Class Representatives of $5,000 each for their time and effort expended in serving the Settlement Class. These amounts will be paid from the Settlement Fund. Class Counsel’s motion for fees and expenses, as well as the Class Representatives’ application for Service Awards, is available under the Important Documents page of this website.

If you are a Settlement Class Member and do nothing, you will not receive anything from the Settlement and you will be legally bound by all orders and judgments of the Court. Unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against Defendants for any claim released by the Settlement. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.

If you exclude yourself from the Settlement, you can’t claim the monetary Class Benefit from the Settlement. You will not be bound by any orders and judgments of the Court. You will be able to start a lawsuit or be part of another lawsuit against Defendants for claims released by the Settlement.

The deadline to ask to be excluded from the Settlement was September 20, 2024, and has passed. It is too late to request exclusion from the Settlement.

No. Unless you exclude yourself, you give up any right to sue or continue to sue Defendants for any claim regarding the subject matter of the claims in this case.

That means that Defendants, their respective current and former owners, parents, wholly or majority-owned subsidiaries, divisions, affiliated and related entities of any nature whatsoever, whether direct or indirect, as well as each of Defendants’ and these entities’ respective predecessors, successors, and assigns, licensees, representatives, assigns, trustees, transferees, fulfillers, service providers, vendors, purchasers, users, and vendees, all other persons, entities, and corporations acting on their behalf, and any of their current and former directors, officers, employees, principals, agents, advisors, consultants, partners, contractors, insurers, reinsurers, and subrogees, shareholders, and attorneys and including, without limitation, any person related to any such entity or person who is, was, or could have been named as a defendant in this lawsuit from any and all claims, demands, rights, damages, arbitrations, liabilities, obligations, suits, debts, liens, and causes of action (including, without limitation, claims for attorneys’ fees and expenses and costs) pursuant to any theory of recovery (including, but not limited to, those based in contract or tort, common law or equity, federal, state, or local law, statute, ordinance, or regulation) of every nature and description whatsoever, ascertained or unascertained, suspected or unsuspected, existing or claimed to exist, including unknown claims, as of the execution date of the Settlement that have been or could have been asserted in this lawsuit, or that relate to the collection of, capture of, storage of, use of, profit from, possession of, disclosure of, or dissemination of users’ personal data, including biometric identifiers or biometric information.

No. If you exclude yourself, you give up the right to receive any Class Benefit from the Settlement. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.

The deadline to object to the Settlement was September 20, 2024, and has passed. It is too late to object to the Settlement.

Objecting means telling the Court you don’t like something about the Settlement. You can object only if you stay in the Settlement Class (i.e., you don’t exclude yourself from the Settlement). Excluding yourself from the Settlement Class is telling the Court you don’t want to be part of the Settlement. If you exclude yourself, you will have no basis to object because the case will no longer affect you.

The Final Approval Hearing was held on October 23, 2024, and the Court approved the Settlement on October 24, 2024.

The Notice and this website summarize the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement and Release available here or contact Class Counsel (see response to FAQ 9, above).

You may also access court records relating to the case on the Court docket or by visiting the Winnebago County Clerk of the Circuit Court between 8:00 a.m. and 4:30 p.m. Monday through Friday, excluding court holidays.

More information about the Settlement is available on this website, toll-free at 1-877-763-0944, or by contacting Class Counsel.

Please do not contact the Court, the Judge, or Defendants to inquire about the Settlement or the claim process.