This settlement includes two separate groups. The settlement provides for up to $2,250,000 in benefits for the Claims-Made Settlement Class Members, and a $1,500,000 non-reversionary Common Fund for the Common-Fund Settlement Class Members. The total potential value of this settlement is capped at $3,750,000.
The proposed Settlement will provide the following benefits to Settlement Class Members:
Common-Fund Settlement Class Benefits: The Common-Fund Settlement Class Members may submit a Claim for Common-Fund Benefits on or before December 21, 2023. These benefits include:
$100 Pro-Rata Cash Payment: Common-Fund Settlement Class Members may submit a Claim for a $100 cash payment. The Settlement Administrator will make pro rata settlement payments, which may increase or decrease the $100 Cash Payment, subject to the total amount of the Common Fund. This benefit is in lieu of any other settlement benefits offered to the Common-Fund Settlement Class Members.
Lost-Time Claims: Common-Fund Settlement Class Members may submit a Claim for up to five hours of time spend remedying issues related to the Data Incident at $25 per hour if the Settlement Class Member (1) attests that any claimed lost time was spent related to and arising out of the Data Incident, and (2) selects the applicable activity the time was spent on or provides a brief general description of how the claimed lost time was spent. No documentation need be submitted in connection with Lost-Time Claims. Claims for Lost- Time are included in the $5,000 individual cap on out-of-pocket expense reimbursement.
Out-of-Pocket Expense Claims: Common-Fund Settlement Class Members may submit a Claim for reimbursement of up to $5,000 in documented out-of-pocket losses reasonably and fairly traceable to the Data Incident. Out-of-Pocket-Expense Claims can include, without limitation, (i) unreimbursed losses relating to fraud or identity theft; (ii) professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; (iii) costs associated with freezing or unfreezing credit with any credit reporting agency; (iv) credit monitoring costs that were incurred on or after April 2020 that the claimant attests under penalty of perjury were caused or otherwise incurred as a result of the Data Incident, through the date of Claim submission; (v) and miscellaneous expenses such as notary, data charges (if charged based on the amount of data used) fax, postage, copying, mileage, cell phone charges (only if charged by the minute), and long-distance telephone charges.
Common-Fund Settlement Class Members with Out-of-Pocket-Expense Claims must submit documentation and attestation supporting their claims. This may include receipts or other documentation, not “self-prepared” by the claimant, that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation.
Out-of-Pocket Expense losses must include an attestation that the monetary losses were caused or otherwise incurred as a result of the Data Incident and were not incurred due to some other event or reason.
Claims-Made Settlement Class Benefits: Claims-Made Settlement Class Members may submit a Claim for Claims-Made settlement benefits on or before December 21, 2023. These Benefits include:
Lost-Time Claims: Claims-Made Settlement Class Members may submit a Claim for up to three hours of time spend related to the Data Incident at $20 per hour if the Settlement Class Member (1) attests that any claimed lost time was spent related to and arising out of the Data Incident, and (2) selects the applicable activity the time was spent on or provides a brief general description of how the claimed lost time was spent. No documentation need be submitted in connection with Lost-Time Claims. Claims for Lost-Time are included in the $750 individual cap on out-of-pocket expense reimbursement.
Out-of-Pocket Expense Claims: Claims-Made Settlement Class Members may submit a Claim for reimbursement of up to $750 in documented out-of-pocket losses reasonably and fairly traceable to the Data Incident. Out-of-Pocket-Expense Claims can include, without limitation, (i) unreimbursed losses relating to fraud or identity theft; (ii) professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; (iii) costs associated with freezing or unfreezing credit with any credit reporting agency; (iv) credit monitoring costs that were incurred on or after April 2020 that the claimant attests under penalty of perjury were caused or otherwise incurred as a result of the Data Incident, through the date of claim submission; and (v) miscellaneous expenses such as notary, data charges (if charged based on the amount of data used) fax, postage, copying, mileage, cell phone charges (only if charged by the minute), and long-distance telephone charges.
Claims-Made Settlement Class Members with Out-of-Pocket-Expense Claims must submit documentation and attestation supporting their claims. This may include receipts or other documentation, not “self-prepared” by the claimant, that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation.
Out-of-Pocket Expense losses must include an attestation that the monetary losses were caused or otherwise incurred as a result of the Data Incident and were not incurred due to some other event or reason.
Identity-Theft Protection Benefit: Claims-Made Settlement Class Members can submit a Claim to accept the 12-months’ free identity-theft-protection services.
