Frequently Asked Questions

6.A. Who May Recover for Out-of-Pocket Losses and for How Much?

• If you are a Class Member and you incurred documented out of pocket losses fairly traceable to the Data Incident and/or documented unreimbursed expenses incurred after October 14, 2021, that are related to the Data Incident, you may be eligible to receive reimbursement of your losses and expenses up to a total of $1,000 per Class Member. Eligible losses or expenses include, without limitation: (1) unreimbursed costs, expenses, losses or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of a Settlement Class Member’s Social Security number; (2) unreimbursed costs incurred on or after October 14, 2021 associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; (3) other unreimbursed miscellaneous expenses incurred related to any Out-of-Pocket Expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges; (4) other mitigative costs fairly traceable to the Data Incident that were incurred on or after October 14, 2021 through the date of the Settlement Class Member’s claim submission; and (5) unpaid time off work to address issues fairly traceable to the Data Incident at the actual hourly rate of that Settlement Class Member.
• Settlement Class Members who elect to submit a claim for reimbursement of Out-of-Pocket Losses must provide to the Settlement Administrator information required to evaluate the claim, including: (1) the Settlement Class Member’s name and current address; (2) documentation reasonably supporting their claim; and (3) a brief description of the nature of the loss, if the nature of the loss is not apparent from the documentation alone. Documentation supporting Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” by the Settlement Class Member concerning the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to clarify or support other submitted documentation. For complete details, please see the Settlement Agreement, whose terms control, available at www.StanleyDataSettlement.com. The Settlement Administrator will post additional information about the payment amount on www.StanleyDataSettlement.com, if necessary.

6.B. Who May Receive a separate Pro Rata Cash Payment and for How Much?

• All Class Members may make a Claim to receive a cash payment of approximately $50 that will be adjusted up or down to account for the money remaining in the Settlement Fund after the payment of attorneys’ fees and costs, Settlement Administration costs, Class Representative Service Award, and valid claims for Out-of-Pocket Losses. Class Members do not need to suffer Out-of-Pocket Losses for eligibility to file a claim for a pro rata cash payment.

Maximum Settlement Contribution: Under this Settlement, the maximum total amount Defendant may be required to pay is $625,000. This maximum includes reimbursements for Out-of-Pocket Losses up to $1,000 and pro rata cash payments of approximately $50, attorneys’ fees, costs, and expenses awarded by the Court to Class Counsel, any awarded class representative service awards, and notice and administrative costs for the Settlement. In no event shall Defendant’s total financial obligation under the Settlement exceed $625,000.

HOW TO GET BENEFITS

7. HOW DO I MAKE A CLAIM?

By submitting a valid claim form by on or before the claim deadline of August 30, 2024. If you received notification from Stanley Street Treatment and Resources, Inc. or the Settlement Administrator that you are a potential Class Member, you can make a claim by filling out and submitting the claim form available at www.StanleyDataSettlement.com.

You can also contact the Settlement Administrator to request a paper claim form by telephone (833-200-7526), email (info@StanleyDataSettlement.com), or U.S. mail (Stanley Data Settlement, Settlement Administrator, P.O. Box 25412, Santa Ana, CA 92799).

Claims will be subject to a verification process. You will need the Unique ID provided on the front of your postcard Notice (or the top of your email notice) to fill out a Claim Form. If you do not know your Unique ID, please contact the Settlement Administrator.

8. WHEN WILL I GET MY PAYMENT?

The hearing to consider the fairness of the Settlement is scheduled for October 16, 2024 at 2:00 p.m. If the Court approves the Settlement, eligible Settlement Class Members whose Claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible claims will be paid to Class Members via written check unless a Class Member chooses to receive payment electronically. All checks will expire and become void 180 days after they are issued.

THE LAWYERS REPRESENTING YOU

9. DO I HAVE A LAWYER IN THIS CASE?

Yes, the Court has appointed David K. Lietz of Milberg Coleman Bryson Phillips Grossman, PLLC, Terence R. Coates of Markovits, Stock & DeMarco, LLC, Philip J. Krzeski and Bryan L. Bleichner of Chestnut Cambronne PA and Joseph M. Lyon of The Lyon Firm as “Class Counsel.”

Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.

10. HOW WILL THE LAWYERS BE PAID?

Class Counsel will ask the Court for attorneys’ fees, costs, and expenses that will be paid from the Settlement Fund. Class Counsel will not seek more than $208,333.33 in attorneys’ fees and litigation costs and expenses. Class Counsel will also request a Service Award of up to $5,000 for the Class Representative. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Class Representative. The Court may award less than the amounts requested.

11. WHAT CLAIMS DO I GIVE UP BY PARTICIPATING IN THIS SETTLEMENT?

“Released Claims” means any and all past, present, and future claims and causes of action related to the Data Incident, including but not limited to, any causes of action arising under or premised upon any statute, constitution, law, ordinance, treaty, regulation, or common law of any country, state, province, county, city, or municipality, including 15 U.S.C. § 45, et seq., and all similar statutes in effect in any states in the United States as defined below; state consumer-protection statutes; negligence; negligence per se; breach of contract; breach of implied contract; breach of fiduciary duty; breach of confidence; invasion of privacy; fraud; misrepresentation (whether fraudulent, negligent or innocent); unjust enrichment; bailment; wantonness; failure to provide adequate notice pursuant to any breach notification statute or common law duty; and including, but not limited to, any and all claims for damages, injunctive relief, disgorgement, declaratory relief or judgment, equitable relief, attorneys’ fees and expenses, pre-judgment interest, credit monitoring services, the creation of a fund for future damages, statutory damages, punitive damages, special damages, exemplary damages, restitution, and/or the appointment of a receiver, whether known or unknown, liquidated or unliquidated, accrued or unaccrued, fixed or contingent, direct or derivative, and any other form of legal or equitable relief that either has been asserted, was asserted, or could have been asserted, by any Class Member against any of the Released Persons based on, relating to, concerning or arising out of the alleged Data Incident or the allegations, transactions, occurrences, facts, or circumstances alleged in or otherwise described in the Litigation.

The Settlement Agreement in Subsections 1.25, 1.26, 1.27, 1.39, 5.1, and 9.3 describe the Release, Released Claims, and untimely Valid Claims in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here or in the public court records on file in this lawsuit.

The Released Claims do not include any claims arising from or relating to any conduct by Defendant after the date the Agreement is executed. The Released Claims shall also not include the right of Plaintiff, any Class Member, or any Releasing Party to enforce the terms of the Settlement Agreement.

12. WHAT HAPPENS IF I DO NOTHING AT ALL?

If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Incident. You will be in the Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. You won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this Settlement.

13. HOW DO I OBJECT TO THE SETTLEMENT?

If you think that the Court should not approve the settlement, you can object to the Settlement and provide reasons why you think the settlement should not be approved. Such notice must state: (i) your full name and address; (ii) the case name and docket number, Amaral v. Stanley Street Treatment and Resources, Inc., Case No. 2373CV00075 (Bristol Sup. Ct. Feb. 6, 2023); (iii) information identifying yourself as a Class Member, including proof that you are a member of the Class (e.g., copy of your settlement notice, copy of original notice of the Data Incident, or a statement explaining why you believe you are a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable; (v) the identity of any and all counsel representing you in connection with your objection; (vi) a statement whether you and/or your counsel will appear at the Final Fairness Hearing; and (vii) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.

To be timely, written notice of an objection in the appropriate form must be mailed, with a postmark date no later than August 30, 2024, to David K. Lietz and Milberg Coleman Bryson Phillips Grossman, PLLC, as Class Counsel; and Josh Becker and Shook Hardy & Bacon, as counsel for Defendant. Their addresses are below:

You or your counsel shall also file any Objection with the Court through the Court’s electronic filing system or by submitting your objection to the Clerk of Court, which is located at 9 Court St, Taunton, MA 02780.

For all objections mailed to the attorneys for the Parties, Class Counsel will file them with the Court with the Motion for Final Approval of the Settlement, unless the Objection(s) were previously filed on the docket.

THE COURT’S FAIRNESS HEARING

14. WHEN AND WHERE WILL THE COURT HOLD A HEARING ON THE FAIRNESS OF THE SETTLEMENT?

The Court will hold the Final Approval Hearing on October 16, 2024 at 2:00 p.m. at 9 Court St, Taunton, MA 02780. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award Payment to the Class Representative.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted at the Settlement Website, www.StanleyDataSettlement.com, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.

15. DO I HAVE TO COME TO THE HEARING?

No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.

16. MAY I SPEAK AT THE HEARING?

Yes. You may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement.

GETTING MORE INFORMATION

17. WHERE CAN I GET ADDITIONAL INFORMATION?

This website summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available here.

YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR BY CALLING TOLL-FREE AT 833-200-7526, BY EMAIL AT INFO@STANLEYDATASETTLEMENT.COM, OR WRITING TO: