COLIN LATEANO v. CHICAGO CUBS BASEBALL CLUB, LLC

Case No. 1:23-cv-02757 in the United States District Court for the Northern District of Illinois

Case Home

If you received two or more marketing text messages from the Cubs after making a stop request, you may be entitled to receive compensation as part of a proposed settlement.

A federal court authorized yourNotice. It is not a solicitation from a lawyer.

  • A proposed settlement will provide $1,225,000.00 (the “Settlement Funds”) to fully settle and release claims of the Settlement Class, which is defined as:

    The 2,486 persons (1) subscribing to a residential telephone number (2) to which Defendant sent at least two text messages within a 12-month period (3) promoting its goods for sale (4) at least 30 days after receipt of a “stop” reply (5) within four years of the date of the Complaint.

    The following are excluded from the Settlement Class: (1) the district and magistrate judges presiding over this case; (2) the judges of the Seventh Circuit; (3) the immediate families of the preceding person(s); (4) any Released Party; and (5) any Settlement Class Member who timely opts out of this Action.
     
  • The Defendant denies Plaintiff’s allegations and any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiff’s claims. By entering into the settlement, the Defendant has not conceded the truth or validity of any of the claims against it.
     
  • The Settlement Funds shall be used to pay amounts related to the settlement, including awards to Settlement Class Members, attorneys’ fees and costs to attorneys representing Plaintiff and the Settlement Class (“Class Counsel”), any service award for Plaintiff, and the costs of notice and administration of the settlement. Class Counsel estimate that Settlement Class members will each receive, on average, approximately $300, which may vary depending on how many text messages were received. Any monies remaining in the Settlement Fund after a second distribution from uncashed checks to the class members who cashed their checks will be distributed to The National Consumer Law Center as cy pres subject to court approval.
     
  • Your rights and options, and the deadlines to exercise them, are explained in this Notice. Your legal rights are affected whether you act or do not act. Read this Notice carefully. Please refer to the Settlement Agreement, which contains defined terms used herein.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS
(This chart only summarizes your rights and options; please see below for further information)

STAY IN THE CLASS AND RECEIVE PAYMENT

You do not need to do anything to stay in the class.  If you stay in the class, you will be eligible to receive payment but you will be bound by the settlement terms and will lose your right to file your own lawsuit regarding the conduct at issue.

You may select how you will receive payment and update your address by visiting the Update Address page. Otherwise, if you received notice in the mail, a paper check will be mailed to you at the same address, and if you received notice via e-mail, an electronic payment will be made using that e-mail address. 

EXCLUDE YOURSELF OR “OPT-OUT” OF THE SETTLEMENT

If you ask to be excluded from the class, you will not receive a payment.  This is the only option that allows you to pursue your own claims for the conduct at issue.   The deadline for excluding yourself from the class is May 14, 2024 and you must follow the instructions below.

OBJECT TO THE SETTLEMENT

If you wish to object to the Settlement, you must write to the Court explaining why you believe the Settlement is unfair. You can object only if you do not exclude yourself from the class. The deadline for objecting is May 14, 2024 and you must follow the instructions below.

GO TO THE FINAL APPROVAL HEARING

You may attend the Final Approval Hearing. At the Final Approval Hearing you may ask to speak in Court about the fairness of the settlement only if you do not exclude yourself from the class. To speak at the Final Approval Hearing, you must file with the Court a document which includes your name, address, telephone number, your signature, and your intention to appear at the Final Approval Hearing. This must be filed no later than June 17, 2024.
  • These rights and options—and the deadlines to exercise them—are explained in your Notice.
  • The Court in charge of this case still has to decide whether to approve the settlement. Payments will be disbursed if the Court approves the settlement and after any appeals are resolved. Please be patient.