Farag v Kiip Settlement

If you received notice of the Settlement by email, then you may be a member of the Settlement Class. However, even if you did not receive a notice, you may still be a member of the Settlement Class if you fall within the Settlement Class definition. The “Settlement Class” is defined as:

All individuals who used a software app integrated with the Kiip advertising platform between January 1, 2010, and June 13, 2019.

Excluded from the Settlement Class are Kiip; any entity that is a subsidiary of or is controlled by Kiip; anyone employed by Class Counsel; and any judge to whom the case is assigned, his or her spouse, and members of the judge’s staff.

The Circuit Court of Cook County, Illinois (Honorable Celia G. Gamrath) has conditionally certified, for settlement purposes only, the Settlement Class.

If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, you can view the full Settlement Agreement here, or write to:

Farag v. Kiip
Settlement Administrator
P.O. Box 2876
Portland, OR 97208-2876

Defendant Kiip is a mobile marketing company that displays advertisements on mobile devices through mobile applications, or “apps,” installed on individuals’ smartphones, including iPhones and Android devices. Plaintiffs brought a class action lawsuit against Kiip alleging that Kiip violated the law by secretly obtaining mobile users’ personal information without their permission and at times when they weren’t using their mobile devices. Plaintiffs have alleged that Kiip’s advertising platform, together with a certain mobile app, illegally collected, intercepted, and/or transmitted consumers’ personal data without their knowledge or consent. This is just a summary of the allegations. The complaint in the lawsuit is posted here and contains all of the allegations.

Kiip denies Plaintiffs’ allegations and denies that it has violated the law. However, in order to avoid the expense, inconvenience, and distraction of continued litigation, Kiip has agreed to a Settlement Agreement.

In a class action, one or more people called “class representatives” sue on behalf of other people who have similar claims. In this case, Christine Farag and Jessica Vasil sued Kiip and sought to represent other consumers who similarly had claims against Kiip. The Court has appointed them for settlement purposes to be Settlement Class Representatives for all Settlement Class Members in this case.

The Court also appointed the law firm McGuire Law, P.C. as Class Counsel to represent the Settlement Class Members. If you want to be represented by your own lawyer, you may hire one at your own expense.

The Settlement provides for creation of a Settlement Fund totaling $1,000,000, which will be used to make payments to the Class Members after first making deductions for notice and administration costs, Incentive Awards to the Class Representatives, and attorneys’ fees for Class Counsel. If the Court finally approves the Settlement, each Settlement Class Member who timely submits a valid Claim Form will be eligible to receive an equal payment from the Settlement Fund. The exact amount of each Settlement Class Member’s payment is unknown at this time; the final amount of each payment will depend on the number of claims submitted and the amount available in the Settlement Fund after the deductions.

Kiip has also agreed to implement business practices to ensure that mobile users’ personal information isn’t collected or transmitted without their permission.

To receive benefits, you must submit a Claim Form online here or by mail no later than September 11, 2019.

Claim Forms can be downloaded here and mailed to the Settlement Administrator at:

Farag v. Kiip
Settlement Administrator
P.O. Box 2876
Portland, OR 97208-2876

No. Class Counsel will ask the Court for an award of attorneys’ fees and expenses for investigating the facts, litigating the case, and negotiating the Settlement. This award is subject to Court approval and can be up to 40% of the Settlement Fund, or $400,000. To date, Class Counsel have not received any payment for their services in litigating the case on behalf of the Class Representatives and the Settlement Class, nor have Class Counsel been reimbursed for their costs and expenses directly relating to their representation of the Settlement Class. Class Counsel’s contact information is as follows:

Myles McGuire
 mmcguire@mcgpc.com
Paul T. Geske
 pgeske@mcgpc.com
Timothy P. Kingsbury
 tkingsbury@mcgpc.com

MCGUIRE LAW, P.C.
55 West Wacker Drive, Suite 900
Chicago, Illinois 60601
 Tell: (312) 893-7002

Class Counsel will also request that an Incentive Award of $5,000 be awarded to each of the Class Representatives in recognition of their service to the Settlement Class. The amount of any fee or service award will be determined by the Court.

Unless you exclude yourself, you will be part of the Settlement Class, and you will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot sue, continue to sue, or be part of any lawsuit against Kiip arising out of, related to, or connected with interception, collection, or receipt of personal data that occurred in connection with software apps integrated with Kiip’s advertising platform during the Class Period. The released claims include all claims that were or could have been asserted in the Litigation, regardless of whether those claims are known or unknown, filed or unfiled, asserted or as yet un-asserted, existing or contingent.

If you are a member of the Settlement Class, you may object to the Settlement or any part of the Settlement that you think the Court should reject; if so, the Court will consider your views. To object, you must send your objection in writing to the Settlement Administrator, Class Counsel, and Kiip’s Counsel providing:

1. The case name and case number of this Litigation (Farag et al. v. Kiip, Inc., Case No. 2019-CH-01695 [Ill. Cir. Ct. Cook Cnty.]);
2. Your full name, current address, email address, and phone number;
3. The name of the software applications you used that you believe integrated Kiip’s advertising platform;
4. The reasons why you object to the Settlement along with any supporting materials;
5. Information about other objections you or your lawyer(s) have made in other class action cases in the last four (4) years; and
6. Your signature.

Your objection must be postmarked no later than September 18, 2019. Objections must be mailed to:

If you want to exclude yourself from the Settlement Class, sometimes referred to as “opting out,” you will not be eligible to receive any benefits as a result of this Settlement. However, you will keep the right to sue or continue to sue Kiip on your own and at your own expense concerning any of the claims that will be released as part of this Settlement.

To exclude yourself from the Settlement Class, you must send a letter to the Settlement Administrator providing:

1. The case name and case number of this Litigation (Farag et al. v. Kiip, Inc., Case No. 2019-CH-01695 [Ill. Cir. Ct. Cook Cnty.]);
2. Your full name, current address, email address, and phone number;
3. The name of the software applications you used that you believe integrated Kiip’s advertising platform;
4. A statement that you wish to exclude yourself from the Settlement Class; and
5. Your signature.

If you wish to exclude yourself, you must submit the above information to the following address so that it is postmarked no later than September 11, 2019:

Farag v. Kiip
Settlement Administrator
P.O. Box 2876
Portland, OR 97208-2876

REQUESTS FOR EXCLUSION FROM THE CLASS THAT ARE NOT POSTMARKED ON OR BEFORE SEPTEMBER 11, 2019, WILL NOT BE HONORED.

You cannot exclude yourself from the Settlement Class on this Settlement Website. You cannot exclude yourself by mailing a request to any other location or after the deadline above. Your exclusion notice must be signed by you.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

You will remain a member of the Settlement Class and release your claims against Kiip. However, you must file a Claim Form to receive a benefit in this Settlement.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement and any requests for fees, expenses, and Incentive Awards. The Final Approval Hearing is currently set for October 18, 2019, at 10:00 a.m. in the Chancery Division of the Circuit Court of Cook County, Illinois, Courtroom 2508 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602. The hearing may be moved to a different date or time without additional notice, so you should check the Settlement Website and the Court’s docket for updates.

At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the request by Class Counsel for attorneys’ fees and expenses and for the Class Representatives’ Incentive Awards. If there are any objections, the Court will consider them at the Final Approval Hearing. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long that decision may take.

You may attend the hearing, at your own expense, but you do not have to do so.

You may ask the Court for permission to speak at the hearing. To do so, you must send a letter saying that you intend to appear and wish to be heard. Your notice of intention to appear must include the following:

1. The case name and case number of this Litigation (Farag et al. v. Kiip, Inc., Case No. 2019-CH-01695 [Ill. Cir. Ct. Cook Cnty.]);
2. Your full name, current address, email address, and phone number;
3. The name of the software applications you used that you believe integrated Kiip’s advertising platform;
4. A statement that this is your “Notice of Intention to Appear” at the Final Approval Hearing in this case;
5. Copies of any papers, exhibits, or other evidence or information that you will present to the Court;
6. The reasons you want to be heard; and
7. Your signature.

You must send copies of your notice of intent to appear, postmarked by September 18, 2019, to:

You can view the full Settlement Agreement here, or you can write to the address below for more information.

Farag v. Kiip
Settlement Administrator
P.O. Box 2876
Portland, OR 97208-2876

NOTE: PLEASE DO NOT CALL OR WRITE THE COURT, THE COURT CLERK’S OFFICE, KIIP, OR KIIP’S COUNSEL. THEY WILL NOT BE ABLE TO ASSIST YOU.