1. What is this notice and why should I read it?
2. What is a class action lawsuit?
3. What is this lawsuit about?
4. Who is included in the Settlement Class?
5. What does the Settlement provide?
6. How do I get a payment?
7. When will I get my payment?
8. Do I have a lawyer in the case?
9. Should I get my own lawyer?
10. How will the lawyers and Class Representatives be paid?
11. What happens if I do nothing at all?
12. What happens if I ask to be excluded?
13. How do I ask to be excluded?
14. If I don’t exclude myself, can I sue ZoomInfo for the same thing later?
15. If I exclude myself, can I get anything from this Settlement?
16. How do I object to the Settlement?
17. What’s the difference between objecting and excluding myself from the Settlement?
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. Where do I get more information?
The Court authorized this notice to let you know about a proposed Settlement with ZoomInfo. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.
Judge Charles P. Kocoras of the United States District Court for the Northern District of Illinois is overseeing this class action. The case is called Ramos, et al. v. ZoomInfo Technologies, LLC, No. 21-cv-02032 (N.D. Ill.).
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A class action is a lawsuit in which an individual or individuals called the “Class Representative” bring a single lawsuit on behalf of other people who have similar legal claims. All of these people together are a “Class” or “Class Members.” Once a Settlement Class is certified, a class action Settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
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ZoomInfo runs a website that provides directory services, including various information about people. Individuals can search a person’s name, which results in a preview with information potentially related to the person searched. This preview can include individuals’ full names, business addresses, work history, job title, partial business phone number and work email address, and other identifying information. This preview can also contain a free trial offer for ZoomInfo’s directory or an offer to sign up for a free version of ZoomInfo’s directory. Certain state laws, including in California, Illinois, Indiana, and Nevada, prohibit using a person’s name or other identifying information to advertise, promote, or in connection with an offer for sale any of its products or services without prior written consent. The lawsuit alleges that ZoomInfo violated these laws by allegedly displaying individual’s identifying information on its website’s preview pages and offering to the searcher a free trial to ZoomInfo’s directory. These state laws permit damages for each violation of their right of publicity law. ZoomInfo denies that it violated any law.
More information about Plaintiffs’ complaint in the lawsuit and the Defendant’s defenses can be found in the Documents section of this website.
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You are a member of a Settlement Class if you are in one of the groups below:
California Settlement Class: You were a California resident whose name was displayed in a preview page viewed for the first time on ZoomInfo.com between January 9, 2020 and March 27, 2024.
Illinois Settlement Class: You were an Illinois resident whose name was displayed in a preview page viewed for the first time on ZoomInfo.com between April 15, 2020 and March 27, 2024.
Indiana Settlement Class: You were an Indiana resident whose name was displayed in a preview page viewed for the first time on ZoomInfo.com between March 27, 2022 and March 27, 2024.
Nevada Settlement Class: You were a Nevada resident whose name was displayed in a preview page viewed for the first time on ZoomInfo.com between March 27, 2022 and March 27, 2024.
If you received a notice of the Settlement via email or in the mail, our records indicate that you are a Settlement Class Member and are included in the Settlement. You may call or email the Settlement Administrator at (866) 602-7871 or info@zoominforightofpublicitysettlement.com to ask whether you are a Settlement Class Member.
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Cash Payments. If you’re eligible, you can file a claim to receive a cash payment. The amount of the payment will depend on a variety of factors, including which state’s class you are in. The amount provided differs because each state’s laws allow for different amounts of damages to be awarded for violation of their right of publicity laws. Your payment will also depend on how many claims are filed in your state. The settlement creates four State-Specific Settlement Funds amounting to the following amounts: California, $14,228,617.50; Illinois, $11,695,860.00; Indiana, $2,302,080; and Nevada, $1,331,055. Each of these amounts is subject to an upward adjustment based on the total number of individuals in each state’s Settlement Class.
Class Counsel estimates individual payments for each state as follows: California, $108.43 to $216.86; Illinois, $145.93 to $291.85; Indiana, $740.77 to $1,481.54; and Nevada, $971.24 to $1,942.47. These settlement payments will be an equal share of each State-Specific Settlement Fund after the payment of settlement expenses, attorneys’ fees, and any incentive award for the Class Representatives, as approved by the Court.
Prospective Relief. Under the Settlement, ZoomInfo has agreed not to use any Settlement Class Member’s identity to advertise any of ZoomInfo’s products or services after the Effective Date, and to refrain from doing so for a period of three years.
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If you are a Settlement Class Member and you want to get a payment, you must complete and submit a Claim Form by September 2, 2024. If you received an email notice, it contained a link to the online Claim Form, which is also available on this website here and can be filled out and submitted online. The online claim form lets you select to receive your payment by Venmo, Zelle, or check. A paper Claim Form with pre-paid postage was attached to the postcard notice you may have received in the mail. If you send in a paper Claim Form and it is approved, you will receive a check by mail. By participating in the settlement you will be bound by all orders and judgments of the Court.
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The hearing to consider the fairness of the Settlement is scheduled for October 22, 2024. If the Court approves the Settlement and there are no appeals, Class Members whose claims were approved by the Settlement Administrator will be issued a check or electronic payment (as chosen by the Class Member) within 28 days after the Settlement Effective Date. Please be patient. Uncashed checks and electronic payments that are unable to be completed will expire and become void 180 days after they are issued and will revert to the Settlement Fund to be distributed pro rata to claiming Settlement Class Members or in a manner as otherwise directed by the Court upon application made by Class Counsel.
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Yes, the Court has appointed lawyers from the law firms Edelson PC and Bursor & Fisher, PA as the attorneys to represent you and other Settlement Class Members. These attorneys are called “Class Counsel.” Class Counsel can be reached by calling 312-589-6370.
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You don’t need to hire your own lawyer because Class Counsel is working on your behalf. You may hire your own lawyer, but if you do so, you will have to pay that lawyer.
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Class Counsel will ask the Court for attorneys’ fees and expenses of up to 35% of each State-Specific Settlement Fund, after first deducting Settlement Administration Expenses and any incentive awards to the Class Representatives. Class Counsel will file with the Court and post on the Settlement Website its request for attorneys’ fees and incentive awards on September 2, 2024.
Class Counsel will also request an incentive award for each Class Representative from the State-Specific Settlement Fund associated with the class they represent as follows: California, $750; Illinois, $1,000; Indiana, $1,000; and Nevada, $750. If the Settlement is finally approved, the Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel and the proper amount of any incentive award to the Class Representatives. The Court may award less than the amounts requested.
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If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you exclude yourself from the Settlement, you will not be able to file or continue a lawsuit against ZoomInfo or the other Released Parties regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.
To submit a Claim Form, or for information on how to request exclusion from the Settlement Class or file an objection, please continue reading. You may also call (866) 602-7871 for more information about the Settlement.
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You may exclude yourself from the Settlement. If you do so, you will not receive any cash payment, but you will not release any claims you may have against the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have by pursuing your own lawsuit against the Released Parties at your own risk and expense.
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You can mail or email a letter stating that you want to be excluded from the Settlement. Your letter must: (a) be in writing; (b) identify the case name, Ramos, et al. v. ZoomInfo Technologies, LLC, No. 21-cv-02032 (N.D. Ill.); (c) identify if the person seeking exclusion is a member of the California Settlement Class, the Illinois Settlement Class, the Indiana Settlement Class, or the Nevada Settlement Class; (d) state the full name and current address of the person seeking exclusion (e) be signed by the person(s) seeking exclusion; and (f) be postmarked or received by the Settlement Administrator on or before September 16, 2024. Each request for exclusion must also contain a statement to the effect that “I hereby request to be excluded from the proposed Settlement Class in Ramos, et al. v. ZoomInfo Technologies, LLC, No. 21-cv-02032 (N.D. Ill.).” You must mail or e-mail your exclusion request no later than September 16, 2024 to:
Ramos, et al. v. ZoomInfo Technologies, LLC c/o Settlement Administrator
P.O. Box 25188
Santa Ana, CA 92799
-or-
info@zoominforightofpublicitysettlement.com
You can’t exclude yourself over the phone. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs. This means that each individual who seeks to exclude themselves must send an individual, separate request to the Settlement Administrator that complies with each of the requirements listed above.
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No. Unless you exclude yourself, you give up any right to sue ZoomInfo and any other Released Party for the claims being resolved by this Settlement.
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No. If you exclude yourself, you will not receive a payment.
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If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you don’t like any part of it. To object, you must file a letter or brief with the court stating that you object to the Settlement in Ramos, et al. v. ZoomInfo Technologies, LLC, No. 21-cv-02032 (N.D. Ill.) no later than than September 16, 2024. Your objection must be e-filed or delivered to the court at the following address:
Clerk of the United States District Court for the Northern District of Illinois
Everett McKinley Dirksen United States Courthouse
219 South Dearborn Street Chicago, Illinois 60604
Filing instructions for pro se litigants can be found here.
The objection must be in writing, must be signed by the objector, and must include the following information: (a) your full name and current address; (b) a statement that you believe you are a member of the California Settlement Class, the Illinois Settlement Class, the Indiana Settlement Class, or the Nevada Settlement Class; (c) whether the objection applies only to the objector, to a specific subset of the objector’s respective Settlement Class, or to the entirety of the objector’s Settlement Class; (d) the specific grounds for your objection; (e) all documents or writings that you wish the Court to consider; (f) the name and contact information of any attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection; and (g) a statement indicating whether you intend to appear at the Final Approval Hearing.
If you hire an attorney in connection with making an objection, that attorney must file an appearance with the Court or seek pro hac vice admission to practice before the Court, and electronically file the objection by the objection deadline of [Objection/Exclusion Deadline]. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.
In addition to filing your objection with the Court, by no later than [Objection/Exclusion Deadline], you must send via mail, email, or delivery service copies of your objection and any supporting documents to both Class Counsel and Defendant’s lawyers at the addresses listed below:
Class Counsel | Defendant’s Counsel |
Michael W. Ovca | Martin L. Roth |
Class Counsel will file with the Court and post on the Settlement Website its request for attorneys’ fees and incentive awards on September 2, 2024.
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Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be a Settlement Class Member. If you exclude yourself, you have no basis to object because the case no longer affects you.
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The Court will hold a Final Approval Hearing on October 22, 2024 at 9:50 a.m. before the Honorable Charles P. Kocoras in Courtroom 1801 at the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604 or via remote means as instructed by the Court. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the Class Representative.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this website.
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No. Class Counsel will answer any questions the Court may have. You are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria required and described in the Settlement, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to.
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Yes. If you do not exclude yourself, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement. If you filed an objection (see Question 16 above) and intend to appear at the Final Approval Hearing, you must state your intention to do so in your objection.
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This notice summarizes the proposed Settlement. More details, including the Settlement Agreement and other documents are available here or at the Clerk’s Office in the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays. You can also contact Class Counsel at 312-589-6370 with any questions.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, THE DEFENDANT, OR THE
DEFENDANT’S LAWYERS WITH QUESTIONS ABOUT THE SETTLEMENT OR DISTRIBUTION OF SETTLEMENT PAYMENTS
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