A federal court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Honorable Andrew J. Guilford of the United States District Court for the Central District of California, Southern Division is overseeing this class action. The case is known as In re Experian Data Breach Litigation, Case No. 8:15-cv-01592 (the "Action"). The people who filed this lawsuit are called the "Plaintiffs" and the companies they sued, Experian Information Solutions, Inc. and Experian Holdings, Inc., are called the "Defendants."Top
On or about October 1, 2015, Experian announced that in September 2015 an unauthorized user potentially accessed the names, addresses, social security numbers, dates of birth, identification numbers (e.g. driver’s license numbers, military ID numbers, or passport numbers) and other personally identifiable information of approximately 15 million T-Mobile customers and applicants who applied for services or device financing through September 16, 2015 (the "Data Breach").
The Plaintiffs claim that Defendants failed to adequately protect their personal information and that they were injured as a result. Defendants deny any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. The Defendants deny these and all other claims made in the Action. By entering into the Settlement, the Defendants are not admitting that they did anything wrong.Top
In a class action, one or more people called the Class Representatives sue on behalf of all people who have similar claims. Together all of these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those Class Members who exclude themselves from the Class.
The Class Representatives in this case are Stephen Allen, Richard Parks, Ryan Hamre, Joshua Gonzales, Gwendolyn Crump, Elleen Brazzle, Melissa Merry, Francisco Ojeda, Nora Bohannon, Gregary Johnson, Kashia Johnson, David Ciano, Bradford Daghita, Alison Cochran, Alice Dunscomb, Samantha Manganaris, Veronica Gillotte, David Brown, Stuart Zimmelman, Chris Shearer, Christiaan Mealey, Gregory Hertik, Allan Sommercorn, Kamil Kuklinski, Charles Yoo, Sergey Barbashov, Kathleen Alcorn, Mary Roberts, Tony George, Ryan Heitz, Gerardus Jansen, Lorenzo Jackson, Eban Liebig, Angelia Fennern, Charles Sallade, Cregan Smith, Giovanni Williams, Dipak Bhuta, Joseph Zubrzycki, Lucio Hernandez, Shivan Bassaw, Jennifer Looney, Darius Clark, Hunter Graham, Philip Popiel, John Reiser, Jennifer Brandabur, Perry Heath, David Lumb, Martha Cebrian-Vega, Mark Hodson, Daisy Hodson, Amjed Ababseh, Martha Schroeder, Jason Shafer, Nathanial Apan, and Jeffrey Gutschmidt.Top
The Class Representatives and the Defendants do not agree about the claims made in this Action. The Action has not gone to trial and the Court has not decided in favor of the Class Representatives or the Defendants. Instead, the Class Representatives and the Defendants have agreed to settle the Action. The Class Representatives and the attorneys for the Class ("Class Counsel") believe the Settlement is best for all Class Members because of the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendants.Top
If you received a postcard Notice of this Settlement, you have been identified by the Settlement Administrator as a Class Member. More specifically, you are a Class Member, and you are affected by this Settlement, if you received a notice from Experian in or around October 2015 concerning the Data Breach.Top
Yes, the Settlement does not include: the Defendants, any entity in which the Defendants have a controlling interest, and the Defendants’ officers, directors, legal representatives, successors, subsidiaries, and assigns; any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff; and any individual who timely and validly requests to be excluded from the Settlement Class.Top
If you are still not sure whether you are a Class Member, you may visit this website, or call the Settlement Administrator’s toll-free number at 1-844-730-2030.Top
The Settlement will provide Class Members with the following benefits:
The deadline to submit a claim for Free Credit Monitoring and Insurance Services has passed. If you elected to receive Credit Monitoring and Insurance Services and submitted a valid and timely Claim Form, instructions for receiving these services will be sent to you via email.
Credit Monitoring and Insurance Services provides a way to protect yourself from unauthorized use of your personal information.
Credit Monitoring and Insurance Services are being provided by Identity Guard. These Credit Monitoring and Insurance Services include:
Dark Web Monitoring providing notification if your social security number, credit card numbers, financial account numbers, health insurance number, and more are found on the Dark Web;
Threat Alerts powered by IBM Watson providing proactive alerts about potential threats relevant to you found by IBM Watson’s AI (for example, breaches, phishing scams, and malware vulnerabilities);
Customer Support and Victim Assistance provided by Identity Guard;
$1 million reimbursement insurance from AIG covering losses due to identity theft with stolen funds reimbursement and $1 million identity theft insurance;
Anti-Phishing & Safe Apps for iOS & Android Mobile devices; and
Safe browsing software for PC & Mac to help protect your computer against malicious content with an add-on for your Safari, Chrome, and Firefox web browsers that delivers proactive malware protection by blocking various malware delivery channels including phishing, malvertisements, and Flash, as well as content and tracking cookies to help protect personal information.
More information about the Credit Monitoring and Insurance Services being provided by Identity Guard through this Settlement is available at www.identityguard.com/ExpDataBreachSettlement.Top
The deadline to submit a claim for reimbursements of Out-of-Pocket Costs has passed. If you elected to receive a cash payment for reimbursement of Out-of-Pocket Costs, and submitted a valid and timely Claim Form, cash payments will be distributed on November 18, 2019.Top
The deadline to submit a claim for Documented Time has passed. If you elected to receive a cash payment for Documented Time and submitted a valid and timely Claim Form, cash payments will be distributed on November 18, 2019.Top
The deadline to submit a claim for Default Time has passed. If you elected to receive a cash payment for Default Time and submitted a valid and timely Claim Form, cash payments will be distributed on November 18, 2019.
If you filed a Claim Form for Documented Time and it is rejected by the Settlement Administrator and you do not correct it, your claim for Documented Time will instead be considered a claim for Default Time.Top
As a result of the Action, Defendants have provided notice to Class Members of the Data Breach, including offering two years of credit monitoring services; completed an investigation into the cause and scope of the Data Breach, including, but not limited to, forensic investigation of the servers involved in the Data Breach; completed remediation of the vulnerabilities that allowed the Data Breach to occur; and instituted policies, procedures, and additional security-related remedial measures to comply with state and federal authorities.Top
The Settlement provides a $22,000,000 Settlement Fund, remedial actions taken by Defendants for the benefit of the Class (valued at over $11,700,000) and an estimated $7,638,786.22 for every 15,922 Class Members who submit a valid claim for Credit Monitoring and Insurance Services (excluding the cost of the Credit Monitoring and Insurance Services). Therefore, if 31,844 Class Members submit a valid claim, the total value of the Settlement is at least $47,677,572.44. Any court-approved attorneys’ fees, costs and expenses, service awards to the named Plaintiffs, taxes due on any interest earned by the Settlement Fund, if necessary, and any notice and settlement administration expenses (capped at $1,545,000, but excluding the cost of postage estimated to be between $4,381,474 and $4,693,270) will paid out of the Settlement Fund, the balance ("Net Settlement Fund") will be used to pay for the above benefits.Top
Unless you excluded yourself, you chose to remain in the Class. All of the Court’s orders apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Defendants and related parties about the legal issues in this Action, resolved by this Settlement, and released by the Class Action Settlement Agreement and Release. The specific rights you are giving up are called Released Claims (see next FAQ).Top
In exchange for the Settlement, Class Members agree to release Defendants and their respective predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, representatives, insurers, reinsurers, subrogees and assigns of any of the above, as well as Plaintiffs and Class Counsel ("Released Parties") from any and all claims or causes of action of every kind and description, including any causes of action in law, claims in equity, complaints, suits or petitions, and any allegations of wrongdoing, demands for legal, equitable or administrative relief (including, but not limited to, any claims for injunction, rescission, reformation, restitution, disgorgement, constructive trust, declaratory relief, compensatory damages, consequential damages, penalties, exemplary
damages, punitive damages, attorneys’ fees, costs, interest or expenses) that the Releasing Parties had or have (including, but not limited to, assigned claims and any and all "Unknown Claims" as defined below) that have been or could have been asserted in the Action or in any other action or proceeding before any court, arbitrator(s), tribunal or administrative body (including but not limited to any state, local or federal regulatory body), regardless of whether the claims or causes of action are based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source, and regardless of whether they are known or unknown, foreseen or unforeseen, suspected or unsuspected, or fixed or contingent, arising out of, or related or connected in any way with the claims or causes of action of every kind and description that were brought, alleged, argued, raised or asserted in any pleading or court filing in the Action.
The Released Claims do not include claims against the cyber attackers who committed the criminal acts involved in the Data Breach and persons or entities that intentionally misuse the Personal Information stolen in the Data Breach for unlawful purposes.
More information is provided in the Class Action Settlement Agreement and Release which is avaible here.Top
The deadline to submit a claim for Credit Monitoring and Insurance Services, Out-of-Pocket Costs, and Documented Time or Default Time has passed. New Claims will not be processed.Top
The deadline to submit a claim for Credit Monitoring and Insurance Services has passed. New Claims will not be processed.Top
The deadline to submit a claim for Out-of-Pocket Costs has passed. New Claims will not be processed.Top
The deadline to submit a claim for Documented Time has passed. New Claims will not be processed.
If your claim for Documented Time is rejected by the Settlement Administrator and you do not correct it, your claim for Documented Time will instead be considered a claim for Default Time.Top
The deadline to submit a claim for Default Time has passed. New Claims will not be processed.Top
If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1-844-730-2030 or by writing to:
In Experian Data Breach Litigation
P.O. Box 505025
Louisville, KY 40233-5025Top
The deadline to submit a claim was April 11, 2019.
If you chose to receive Credit Monitoring and Insurance Services on your valid and timely Claim Form, instructions to activate those services will be sent to you by email on or around August 1, 2019.
Payments for valid and timely claims for Out-of-Pocket Costs, Documented Time, and Default Time will be provided by the Settlement Administrator via mail and PayPal on November 18, 2019.
None of the money in the $22 million Settlement Fund will be paid back to Defendants. Any money left in the Settlement Fund 150 days after the distribution of payments to Class Members will be evenly distributed among all Class Members with approved claims who cash or deposit their initial check, as long as the average check amount is $3 or more. If there is not enough money to provide qualifying Class Members with an additional $3 payment, the remaining funds will be distributed to a non-profit organization, or "Non-Profit Residual Recipient." The Non-Profit Residual Recipient is Rose Foundation’s Consumer Privacy Rights Fund, a 26 U.S.C. 501(c)(3) non-profit organization.
If the average additional check amount is greater than $250 for each qualifying Class Member, the Court will determine how to disburse these remaining funds.Top
Yes, the Court has appointed Daniel S. Robinson of Robinson Calcagnie, Inc., and Tina Wolfson of Ahdoot & Wolfson, PC, as Class Counsel to represent you and the Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Action.Top
The Court approved payment to Class Counsel of $10,500,000 from the Settlement Fund, to pay attorneys’ fees and $152,854.28 for reimbursement of expenses. The Court also approved $2,500 to compensate each of the 57 Class Representatives.Top
The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-844-730-2030 or by writing to In re Experian Data Breach Litigation, P.O. Box 505025, Louisville, KY 40233-9870. Publicly-filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Central District of California or reviewing the Court’s online docket.
If you have questions you may contact Class Counsel at:
Robinson Calcagnie, Inc.
c/o Exp. Data Breach Settlement
P.O. Box 2350
Newport Beach, CA 92658-8962
Ahdoot & Wolfson, PC
c/o Exp. Data Breach Settlement
8424 Santa Monica Blvd.
West Hollywood, CA 90069-4267
PLEASE DO NOT CONTACT THE COURT REGARDING THE NOTICE.
THE COURT CANNOT ANSWER ANY QUESTIONS.Top