GETTING MORE INFORMATION. How do I get more information? This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxx, by calling 1-XXX-XXX-XXXX, or by writing to: COI Claims Administrator EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
GETTING MORE INFORMATION. How do I get more information? This Notice summarizes the proposed Settlement. Complete You are urged to review more details are provided in the Settlement Agreement. The For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxxxxx.xxxxxxxxXXXXxxxxxxxxxx.xxx. You also may write with questions to the Settlement Administrator at Rack Room Settlement Administrator, by calling P.O. Box XXXX, XXXX, XX XXXXX or call the toll-free number, 1-XXXxxx-XXXxxx-XXXX, or by writing to: COI Claims Administrator EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page xxxx. A settlement has been reached in a class action lawsuit against Convergent Outsourcing alleging that Rack Room Shoes, Inc. (“ConvergentRack Room”) for sent text messages to wireless telephone numbers without consent of the recipients in violation of the Telephone Consumer Xxxxxxxxxx Xxx, 00 X.X.X. § 000. Rack Room denies the allegations and any wrongdoing. The Court has not decided who is right. Who’s Included? The Settlement includes all persons who received a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information text message on their cell phone from Rack Room. Specifically, the class is defined as “(1) All persons within the United States (2) who enrolled in the Rack Room Reward Program or around June 17, 2022 (“Data Incident”). o Documented Ordinary Losses – Up to $1,500 for documented outthe Off Broadway Reward Program at the point-of-pocket expenses fairly traceable sale (3) by giving their cellular telephone number verbally to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffscashier, and payments for claims for Ordinary Losses(4) who received a Rack Room Rewards Program or Off Broadway Rewards Program text message (5) from April 2, Attested Time Spent2014 through the date of certification.” You received this email because records show that you may be a Settlement Class Member. How Can I Get a Payment? To get a payment, you must submit a Claim Form by the deadline stated below. You may download a Claim Form at the Settlement Website, www.Rack XxxxXXXXxxxxxxxxxx.xxx, or request a Claim Form by calling the Settlement Administrator at the toll-free number below. To be valid, a Claim Form must be completed fully and accurately, signed under penalty of perjury, and Extraordinary Lossessubmitted timely. Note that if the costs of the settlement exceed the Settlement FundYou may submit a Claim Form by U.S. mail or file a Claim Form online. If you send in a Claim Form by U.S. mail, individuals selecting this option may not receive any paymentit must be postmarked by xxxxxxxxxx. If you file a Claim Form online, then you must so file by 11:59 p.m. EST on xxxxxxxxxx.
Appears in 1 contract
Samples: Settlement Agreement
GETTING MORE INFORMATION. How do I get more information? This Notice notice summarizes the proposed Settlement. Complete You are urged to review more details are provided in the Settlement Agreement. The For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxxxxx.XXXXXXXxxxxxxxxxx.xxx, by calling contacting class counsel Xxxxxxx P.A. at (000) 000-0000, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at xxxxx://xxx.xxxx.xxxxxxxx.xxx, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 0000 Xxxx Xxxxxx, Xxxxxxx, XX 00000, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. You also may call or write with questions to the Settlement Administrator at 1-XXX8xx-XXXxxx-xxxx, Abacus Data Systems Settlement Administrator, PO Box XXXX, City, State XXXXX-XXXX, or by writing to: COI Claims Administrator EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, at xxxx@XXXXXXXxxxxxxxxxx.xxx. PLEASE DO NOT TELEPHONE THE COURT OR 972XX-XXXX <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA A settlement Settlement has been reached in a class action lawsuit against Convergent Outsourcing about whether Abacus Data Systems Inc. violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“ConvergentTCPA”) ), based on unsolicited, autodialed text messages. Abacus Data Systems denies the allegations in the lawsuit and the Court has not decided who is right. $1,950,000. The Settlement Fund will be used to pay all settlement costs, including settlement administration costs, any attorneys’ fees and expenses awarded to Class Counsel by the Court, any service award awarded to the Class Representative by the Court, and all Approved Claims. Members of the Settlement Class who submit Approved Claims shall receive a pro rata share of the Settlement Fund minus a pro rata share of settlement costs. Although the exact amount of each claimant’s share of the Settlement Fund is unknown at this time, the parties expect each claimant’s share will be between $400 and $600. Only Approved Claims will be paid. Only one claim per telephone number will be validated and deemed an Approved Claim. How can I get a Payment? By completing the Claim Form provided with this notice and submitting it by U.S. mail to the Settlement Administrator at the address on the Claim Form. You may also download or file a Claim Form online at xxx.XXXXXXXxxxxxxxxxx.xxx. If you send in a Claim Form by regular mail, it must be postmarked on or before DATE, 2020. The deadline to file a Claim Form online is 11:59 p.m. EST on DATE, 2020. What are my Other Options? If you do not want to be legally bound by the Settlement, you must exclude yourself by DATE, 2020 by sending the Settlement Administrator a letter that complies with the procedure set forth in the Settlement and paragraph 11 of the Long Form Notice, available at the settlement website. If you do not exclude yourself, you can share in the Settlement Fund by completing and submitting a Claim Form, and you will release any claims you may have, as more fully described in the Settlement Agreement, available at the Settlement Website. Even though you submit a Claim Form, you may object to the Settlement by DATE, 2020 by complying with the objection procedures detailed in the Settlement. The Court will hold a Final Approval Hearing on DATE, 2020 to consider whether to approve the Settlement and a request for attorneys’ fees not to exceed one third of the Settlement Fund and reimbursement of expenses, and a request for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). o Documented Ordinary Losses – Up to service award of $1,500 for documented out-of-pocket expenses fairly traceable 5,000 to the Data IncidentClass Representative. o Attested Time Spent – Reimbursement for up to 10 hours of lost time You may appear at a rate of $30 per hour for time spent remedying issues related to the Data Incidenthearing, either yourself or through an attorney hired by you, but you do not have to. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data IncidentFor more information, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed call the Settlement Fund, individuals selecting this option may not receive any paymentAdministrator or visit the Settlement Website.
Appears in 1 contract
Samples: Class Action Settlement Agreement
GETTING MORE INFORMATION. How do I get more information? This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxx, by calling 1-XXX-XXX-XXXX, or by writing to: COI Claims Administrator Case 2:22-cv-00849-RSM-DWC Document 83 Filed 03/01/24 Page 67 of 142 EXHIBIT C SUMMARY – SHORT FORM NOTICE COI Claims CasXeX2X:C2l2ai-mcvs -00849-RSM-DWC Document 83 Filed 03/01/24 Page 68 of 142 Administrator PO Box XXXX Portland, OR 972XX-XXXX <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2CasAese2tt:le2m2en-cv-01558tchavs -b0een0r8ea4ch9ed-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. iRn aSclaMss -acDtioWn laCwsuit aDgaoinsct uMmCGeHneatlth8, L3LC (“ConvergentF“MilCeGd”) for a data security incident where f0or3a d/a0ta1se/c2ur4ity inPcidaengt. eMC6G9 of 142 determined on or about March 25, 2022 that an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergentparty previously obtained certain personally identifiable information and protected health information matching data on MCG’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). While the date the breach occurred is unknown, there is evidence to suggest the data may have been acquired in February 2020. You are receiving this notice because you may be a class member. If you are a Settlement Class Member, you may file a Claim Form to receive Credit Monitoring for three years AND: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. ; or o Documented Extraordinary Losses – Compensation for documented extraordinary losses resulting from the Data Incident, up to $10,000. Please Note: Claims for Documented Ordinary Losses will be limited to $1,500. Claims for Documented Extraordinary Losses will be limited to up to $10,000. All cash payments may be adjusted pro rata depending on the number of Class Members that participate in the Settlement. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 8,800,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, any Attorneys’ Fees and Expenses Award of up to $661,5002,930,000, any Service Awards of up to $1,500 2,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, Losses and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.. What are my options? If you file a Claim Form, object to the Settlement, or do nothing, you are choosing to stay in the Settlement Class. To receive Settlement benefits, you must file a valid Claim Form. Your Claim Form must be submitted online at xxx.xxxxxxxxxx.xxx or mailed and postmarked on or before Month Day, 20YY. If you do not exclude yourself, you may object to the Settlement and attorneys’ fees and expenses and service awards by Month DD, 20YY. If you don’t want to be legally bound by the Settlement or receive any benefits from it, you may request to be excluded from the Settlement Class in writing by a request postmarked, or submitted electronically via the Settlement Website, on or before Month DD, 20YY. Unless you exclude yourself, you give up any right to sue MCG or Released Parties for the claims resolved by this Settlement. If the Settlement is approved and becomes final, the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against XXX or the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The Court will hold a Final Approval Hearing on Month Day, 20YY, at X:XX a.m./p.m. At the Final Approval Hearing, the Court will consider whether to approve the Settlement. If you do not exclude yourself, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to hire and pay for your own lawyer. This Notice is a summary. More information is available at xxx.xxxxxxxxxx.xxx or by calling toll-free 1-xxx-xxx-xxxx. Exhibit D – Proposed Order on Preliminary Approval 1 The Xxxxxxxxx Xxxxxxx X. Martinez 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 In re MCG Health Data Security Issue 10 Litigation NO. 2:22-CV-00849-RSM-DWC 11 PLAINTIFFS' UNOPPOSED 12 APPROVAL OF CLASS ACTION 14 This matter is before the Court on Plaintiffs’ Unopposed Motion for Preliminary
Appears in 1 contract
Samples: Settlement Agreement
GETTING MORE INFORMATION. How do I get more information? This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at xxx.xxxxxxxxx.xxx, by calling 1-XXX-XXX-XXXX, or by writing to: COI Claims Administrator Case 2:22-cv-00849-RSM-DWC Document 83 Filed 03/01/24 Page 67 of 142 EXHIBIT C SUMMARY – SHORT FORM NOTICE COI Claims CasXeX2X:C2l2ai-mcvs -00849-RSM-DWC Document 83 Filed 03/01/24 Page 68 of 142 Administrator PO Box XXXX Portland, OR 972XX-XXXX <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2CasAese2tt:le2m2en-cv-01558tchavs -b0een0r8ea4ch9ed-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. iRn aSclaMss -acDtioWn laCwsuit aDgaoinsct uMmCGeHneatlth8, L3LC (“ConvergentF“MilCeGd”) for a data security incident where f0or3a d/a0ta1se/c2ur4ity inPcidaengt. eMC6G9 of 142 determined on or about March 25, 2022 that an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergentparty previously obtained certain personally identifiable information and protected health information matching data on MCG’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). While the date the breach occurred is unknown, there is evidence to suggest the data may have been acquired in February 2020. You are receiving this notice because you may be a class member. If you are a Settlement Class Member, you may file a Claim Form to receive Credit Monitoring for three years AND: o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. ; or o Documented Extraordinary Losses – Compensation for documented extraordinary losses resulting from the Data Incident, up to $10,000. Please Note: Claims for Documented Ordinary Losses will be limited to $1,500. Claims for Documented Extraordinary Losses will be limited to up to $10,000. All cash payments may be adjusted pro rata depending on the number of Class Members that participate in the Settlement. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 8,800,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, any Attorneys’ Fees and Expenses Award of up to $661,5002,930,000, any Service Awards of up to $1,500 2,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, Losses and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.. What are my options? If you file a Claim Form, object to the Settlement, or do nothing, you are choosing to stay in the Settlement Class. To receive Settlement benefits, you must file a valid Claim Form. Your Claim Form must be submitted online at xxx.xxxxxxxxxx.xxx or mailed and postmarked on or before Month Day, 20YY. If you do not exclude yourself, you may object to the Settlement and attorneys’ fees and expenses and service awards by Month DD, 20YY. If you don’t want to be legally bound by the Settlement or receive any benefits from it, you may request to be excluded from the Settlement Class in writing by a request postmarked, or submitted electronically via the Settlement Website, on or before Month DD, 20YY. Unless you exclude yourself, you give up any right to sue MCG or Released Parties for the claims resolved by this Settlement. If the Settlement is approved and becomes final, the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against MCG or the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The Court will hold a Final Approval Hearing on Month Day, 20YY, at X:XX a.m./p.m. At the Final Approval Hearing, the Court will consider whether to approve the Settlement. If you do not exclude yourself, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to hire and pay for your own lawyer. This Notice is a summary. More information is available at xxx.xxxxxxxxxx.xxx or by calling toll-free 1-xxx-xxx-xxxx. Exhibit D – Proposed Order on Preliminary Approval 1 The Xxxxxxxxx Xxxxxxx X. Martinez 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 In re MCG Health Data Security Issue 10 Litigation NO. 2:22-CV-00849-RSM-DWC 11 PLAINTIFFS' UNOPPOSED 12 APPROVAL OF CLASS ACTION 14 This matter is before the Court on Plaintiffs’ Unopposed Motion for Preliminary
Appears in 1 contract
Samples: Settlement Agreement
