Frequently Asked Questions

Basic Information

1. What is the Notice?

The Notice explains that the Court has “certified” a class action lawsuit that may affect you. If you are a member of the Class, you have legal rights and options that you may exercise before the Court holds a trial. The lawsuit is to decide whether the claims being made against the Defendant on your behalf are correct. Judge Kevin T. Hoerner of the Illinois Circuit Court of St. Clair County (the “Court”) is overseeing this class action. The lawsuit is called VonBokel, et al. v. Deja Vu Showgirls-Washington Park, LLC Case No. 2021L 000767.

2. What is a class action?

In a class action, one or more “Plaintiffs,” also called “Class Representatives” (in this case, John VonBokel), sue on behalf of themselves and other people with similar claims. All the people with similar claims are together called the “Class” or “Class Members.” The company or companies they sue (in this case, Deja Vu Showgirls-Washington Park, LLC) are called the “Defendants.” In a class action, a single court resolves the issues for all Class Members, except for those who exclude themselves from the Class. A class action allows the claims of all Class Members to be more efficiently resolved than they would be in separate lawsuits and provides a remedy for class members whose individual damages are not large enough to justify their own separate lawsuits.

3. What is this lawsuit about?

This class action alleges the Defendant captured, collected, or otherwise obtained the biometric identifiers and biometric information of individuals by having customers place their fingerprints on receipts using an ink pad at Larry Flynt’s Hustler Club in Washington Park, Illinois. The Class Representative alleges that this practice of obtaining fingerprints without informed written consent violated the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/et seq., and that members of the Class are entitled to recover statutory damages in an amount of either $1,000.00 or $5,000.00 per violation in addition to other nonmonetary relief.

The Defendant denies these allegations.

4. Why is this particular lawsuit a class action?

The Court decided that the claims in this case can be a class action and move toward a trial because this case meets the requirements of Section 2-801 of the Illinois Code of Civil Procedure, which governs class actions in Illinois courts.

5. Has the Court decided who is right?

No. The Court has not determined whether the Defendant violated the BIPA, nor has the Court determined what, if any, money or other relief is available to the Class. By establishing the Class and issuing notice, the Court is not determining that the Class Representative will win or lose this case. The Class Representative must prove his claims at an upcoming trial.

6. Is there any money available now?

No money or other benefits are available at this time. The Court has not yet decided whether the Defendant did anything wrong. Further, the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified about how you may receive such benefits.

7. Am I a part of this Class?

The Court has decided that the Class includes:

“All individuals whose ink fingerprints were placed on a receipt for a transaction at Larry Flynt’s Hustler Club in Washington Park, Illinois from August 10, 2016, to July 7, 2025.”

If you meet this definition, you are part of the Class.

8. What if I know someone who provided their fingerprint at Larry Flynt's Hustler Club in Washington Park, Illinois and did not get this notice?

If you know someone whose ink fingerprints were placed on a receipt for a transaction at Larry Flynt’s Hustler Club in Washington Park, Illinois on or after August 10, 2016, and that person did not receive notice, you can direct them to call the Notice Administrator for more information. The Notice Administrator can be reached at (833) 417-4896. You can also direct them to contact class counsel, whose contact information is listed in FAQ 13, below.

What Happens Next

9. Do I have to do anything? What happens if I do nothing at all?

No, you do not have to do anything at all to stay in the class action, and staying in the class action is the only way to receive any potential money or other benefits from this case. If you do nothing and you qualify as a member of the Class, then you will automatically stay in the class action as a member of the Class.

Keep in mind that if you stay in the Class, regardless of whether Plaintiff wins or loses at trial, you will not be able to sue or continue to sue Defendant about the same issues that are the subject of this class action.

10. Why would I ask to be excluded?

If you exclude yourself from the Class—which also means to remove yourself from the Class and is sometimes called “opting out” of the Class—you won’t get any money or benefits from this lawsuit even if the Class Representative obtains them as a result of the trial with the Defendant and the Class Representative. However, you may then be able to sue or continue to sue (at your own expense) the Defendant regarding the claims at issue in this class action. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

If you start your own lawsuit against the Defendant after you exclude yourself, you’ll have to hire and pay your own lawyer for the lawsuit, and you’ll have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against the Defendant, you should talk to your lawyer soon because your claims may soon be barred by a statute of limitations.

11. How can I ask to be excluded?

To ask to be excluded, you must send an “Exclusion Request” in the form of either a letter sent by U.S. Mail, an email stating that you want to be excluded from the Hustler Club BIPA class action. Your Exclusion Request must include your complete name, address, email address, telephone number, and signature. Exclusion requests must be signed to be valid. If you choose to mail your Exclusion Request, send it to Hustler Club BIPA Class Action Lawsuit, c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799. If you choose to email your Exclusion Request, email it to info@HustlerBIPAClassAction.com.

Exclusion Requests that are not postmarked or emailed by January 14, 2026, will not be recognized.

The Lawyers Representing You

12. Do I have a lawyer in the case?

Yes, if you are a member of the Class defined above and do not exclude yourself, you automatically have a lawyer representing you at no out‐of‐pocket cost to you. The Court has appointed lawyers that the Court has decided are qualified to represent you and all class members. These lawyers are called “Class Counsel” and are experienced in handling class actions and complex cases. The lawyers who have been appointed as Class Counsel are:

Roberto Costales
William H. Beaumont
Beaumont Costales LLC
107 W. Van Buren, Suite 209
Chicago, Illinois 60605
whb@beaumontcostales.com
rlc@beaumontcostales.com

13. Should I get my own lawyer?

You do not need to hire your own lawyer because class counsel is working on your behalf. However, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask them to appear in court for you in this case if you want someone other than class counsel to speak for you.

How will the lawyers be paid?

If Class Counsel recovers money or benefits for the class, they may ask the Court for fees and expenses. You won’t have to pay these fees and expenses out of your own pocket. Rather, if the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by the Defendant.

The Trial

15. How will the Court decide who is right?

The Court has not yet scheduled a trial to decide who is right in this case, if the case isn’t resolved by a settlement or otherwise. Information about the date and location of the trial will be posted on this website.

If a trial goes forward, Class Counsel will have to prove the Class Representative’s claims at a trial. During the trial, the fact finder will hear all the evidence to help them reach a decision about whether Class Representative or the Defendant is right about the claims in the lawsuit. There is no guarantee that the Class Representative will win or that they will get any money for the Class.

16. Do I have to come to the trial?

You do not need to attend the trial, although you may be required to attend the trial if called as a witness. Class counsel will present the case for the Class Representative and members of the Class, and the Defendant will present its defenses. The results of the trial will be posted on this website.

17. Will I get money or other relief after the trial?

If the Class Representative obtains money or benefits as a result of the trial or a settlement, this website will be updated with that information. We do not know how long this will take.

Getting More Information

18. Are more details available?

More information can be found in the Court’s Order certifying the Class, the operative lawsuit, among other documents, located on the Important Documents page. You may also speak to Class Counsel, whose contact information is listed above in FAQ 13, free of charge.

Please do not contact the Court with questions about this case. The Court will not provide Class Members with legal advice or information about this case.