Re: [CLIENT NAME] v.
Hinge Inc., et al.
Dear [CLIENT NAME]
We look forward
to working with you to pursue your claims against Hinge Inc. and/or
Match Group, LLC (collectively, “Hinge”)
for its violations of the Illinois Biometric Information
Privacy Act, 740 ILCS 14/1, et
seq., relating to Hinge’s scanning, collecting,
capturing, and
storing your facial geometry from uploaded
photos and government-issued IDs in connection with its Selfie Verification process
without consent. This is an agreement (the “Agreement”) between you and Milberg Coleman Bryson
Phillips Grossman LLC (“MCBPG”). I, along with MCBPG attorneys who are licensed to
practice law in Illinois and other states, will be primarily responsible for your case. Although I am
only licensed to practice law in Florida, our team at MCBPG includes attorneys licensed in
Illinois and other states who will be working with me and others on your case.
You understand
and authorize MCBPG to proceed with filing your claims as an
individual arbitration, rather than in a
court.1 Arbitration is a simplified means of
pursuing legal claims, where the claim is decided by an
arbitrator rather than a judge or jury and is overseen by an arbitral organization
such as the American Arbitration Association. Arbitration can be very different from a court case. Unlike a court
case, there is no jury in arbitration, and there is limited discovery. Although
we anticipate an arbitration, this agreement shall apply regardless of whether
the claims are filed in arbitration, in court, or resolved by settlement prior
to a filing in any forum. While it is MCBPG’s goal to secure the maximum
recovery possible for you or your minor child in connection with your claims, you
authorize MCBPG to resolve and settle your claims with Hinge, at a minimum, for
a two hundred dollar ($200.00) value. Of course, MCBPG will do its best to
resolve your claims for a higher amount. This is within the range of available
statutory damages under Illinois’ Biometric Information Privacy Act, 740 ILCS
14/1, et seq., which
allows for the recovery of statutory damages of one-thousand dollars
($1,000.00) per negligent violation and five-thousand dollars ($5,000.00) per
intentional violation.
Our firm will
handle the above-referenced matter based upon a contingent fee
arrangement wherein our collective fee will
be forty percent (40%) of any recovery obtained in this matter, whether it be through
settlement or judgment. We reserve the right to associate any co-counsel that
we deem advisable or necessary for the proper handling of your claim. Our fee
will be split among our firm and any firm(s) we associate. This arrangement
would not include any appeal that may be subsequently taken by any party. Although
atypical, there is a basis under the Illinois Biometric Information Privacy
Act, whereby we may be able to recover attorneys’ fees from Hinge on your
behalf. Should we be successful in doing so, our fee shall be the greater of:
(1) total attorneys’ fees awarded by the arbitrator or court; or (2) forty
percent (40%) of the total recovery (including attorneys’ fees).
During this
litigation, we will incur expenses for copies, long distance telephone calls,
legal research, travel, etc. Typically, these costs are paid by the client.
However, we will advance all costs incurred by our firms, such as copies,
postage, express delivery charges, legal research (e.g., Westlaw, LexisNexis,
PACER), travel expenses, etc. We will also incur costs that are not generated
by our firm, such as the filing fees with the arbitral organization or court,
costs of the experts, legal process outsourcing companies (i.e., service of
process, document production, trial exhibits), and deposition costs (including transcripts). We will be reimbursed for these costs if, and only if, we
ultimately obtain a recovery. Advanced costs are deducted from the recovery
after the calculation of the contingent fee.
Please understand
that MCBPG may at any time recommend that the case not be continued for good
and sufficient reasons including, but not limited to, little or no likelihood
for success on the claims’ merits, or the lack of available sums, whether they
be the assets of Hinge or applicable insurance coverage. If we should make such
a recommendation to discontinue, we may withdraw our representation upon due
notice.
Also understand
that your file and any materials compiled by our firms during
representation will remain the property of
our firms upon conclusion of the representation. We will cooperate fully in furnishing a copy
of relevant materials from the file to any successor attorney who you may retain. Additionally,
we will maintain the file on this matter for at least six (6) years. Should you
wish to obtain any information or materials from the file, including personal items furnished to us in the
handling of your case (i.e., documents, photographs), these will be returned to
you by request if the request is made within six (6) years after the conclusion
of the representation.
Finally, we do
not make any promises or guarantees regarding the outcome or conclusion of your
claims.
If you have any questions about the foregoing,
please advise. We would appreciate your returning a signed copy of this
engagement letter to us for our files.
We look forward
to working with you on this matter.
Sincerely,
Jonathan B. Cohen