Frequently Asked Questions

  1. Why did I get a notice?

    A state court authorized the postcard 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 to the Settlement. This website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the settlement benefits, and how to get them.

    The Honorable Vanessa W. Vallarta of the Superior Court of the State of California for the County of Monterey is overseeing this class action. The case is known as Healy et al. v. Reiter Affiliated Companies, LLC, Case No. 22-CV-003056 (the “Litigation”). The people who filed this lawsuit are called the “Plaintiffs” or “Representative Plaintiffs,” and the company being sued, Reiter Affiliated Companies, LLC, is called “Defendant.”

    To view a copy of the postcard notice, click here.

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  2. What is this lawsuit about?

    The Plaintiffs allege that on July 4, 2022, the Defendant discovered that it was the target of a criminal cyberattack in which third-party criminals gained unauthorized access to the Defendant’s network and accessed personally identifying information (“PII”) relating to employer welfare and pension plans (“Data Incident”). The Plaintiffs further allege that the Defendant failed to implement reasonable security measures to safeguard PII and that it did not immediately inform those affected that their PII was compromised in the Data Incident.

    The Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing, or that any law has been violated. The Defendant denies these and all other allegations made in the Litigation. By entering into the Settlement, the Defendant is not admitting any wrongdoing.

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  3. Why is this a class action?

    In a class action, a representative plaintiff or plaintiffs sue on behalf of all people who have similar claims. Together, all these people are called a settlement class or settlement class members. One court resolves the issues for all settlement class members, except for those settlement class members who timely exclude themselves from (opt out of) the settlement class.

    The Representative Plaintiffs in this case are Kevin Healy and April Hernandez.

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  4. Why is there a Settlement?

    The Plaintiffs and the Defendant do not agree with the allegations made in this Litigation. The Litigation has not gone to trial, and the Court has not decided in favor of the Plaintiffs or the Defendant. Instead, the Plaintiffs and the Defendant have agreed to settle the Litigation. The Plaintiffs and the attorneys for the Settlement Class (“Proposed Settlement Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the settlement benefits and the risks and uncertainty associated with continued Litigation and the nature of the defenses raised by the Defendant.

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  5. How do I know if I am part of the Settlement?

    You are a Settlement Class Member if you were mailed a written notice that your personally identifying information was potentially compromised as a result of the Data Incident that was discovered on or about July 4, 2022.

    You are a California Settlement Subclass Member if you were mailed a written notice notifying you that your personally identifying information was potentially compromised as a result of the Data Incident that was discovered on or about July 4, 2022, and you resided in California as of July 4, 2022.

    You can be both a Settlement Class Member and a California Settlement Subclass Member or a Settlement Class Member only.

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  6. Are there exceptions to being included in the Settlement?

    Yes. Excluded from the Settlement Class are any Judge who adjudicates this case, as well as the Judge’s staff and immediate family members, all of whom are excluded from the Settlement Class and the California Settlement Subclass.

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  7. What does the Settlement provide?

    If you are a Settlement Class Member, you may be able to recover the following applicable settlement benefits as part of the Settlement. You must submit a timely and valid Claim Form to receive any settlement benefits, which are discussed in further detail below.

    1. Two years of credit monitoring;

      AND
    2. Cash payments of up to $4,000 per Class Member for reimbursement of certain documented losses (“Out-of-Pocket Expenses”)

      AND
    3. If you are a California Settlement Subclass Member (meaning you were residing in California as of July 4, 2022) and you submit a Valid Claim, you will be paid up to $75.

      OR
    4. If you are a Settlement Class Member and you are not a California Settlement Subclass Member (meaning you were not residing in California as of July 4, 2022), and you spent at least one (1) full hour performing activities because of the Data Incident, and you submit a Valid Claim, you will be paid $20 per hour for up to three (3) hours ($60 total) by the Defendant.

    Credit Monitoring:

    If you are a Settlement Class Member and you submit a Valid Claim, you will be given a code at the Defendant’s expense that can be used to activate 24 months of 3-bureau credit monitoring that includes $1,000,000 reimbursement insurance and identity-restoration services from Equifax, TransUnion, or a similar provider of credit-monitoring services.

    Out-of-Pocket Expenses:

    If you are a Settlement Class Member and you submit a Valid Claim, you will be paid up to $4,000 for Out-of-Pocket Expenses if all of the following requirements are satisfied.

    1. The Out-of-Pocket Expenses are actual, documented, and unreimbursed monetary losses to you as a Settlement Class Member.
    2. The Out-of-Pocket Expenses were more likely than not caused by the Data Incident.
    3. The Out-of-Pocket Expenses occurred on or after July 4, 2022, and before November 24, 2023.
    4. You made reasonable efforts to avoid or seek reimbursement for the losses, including but not limited to exhaustion of all available credit monitoring insurance, identity theft insurance, or any other insurance available to you.
    5. You provide documents (e.g., receipts) along with your Claim Form showing that you suffered the Out-of-Pocket Expenses.
    6. You provide an attestation to each of the previous requirements for claiming Out-of-Pocket Expenses using the Claim Form and you include a written description of how the Out-of-Pocket Expenses came to be and a statement that the documents showing the Out-of-Pocket Expense are authentic.
    7. The Settlement Administrator, after reviewing the claim and attestation for qualification, completeness, and plausibility, approves the Out-of-Pocket Expenses as valid.

    California Settlement Subclass:

    If you are a Settlement Class Member and you are a California Settlement Subclass Member, and you submit a Valid Claim, you will be paid up to $75. If the number of Valid Claims for this settlement benefit in total exceeds $196,050, you will receive a pro-rata share (meaning an equal share) of $196,050.

    Lost-Time Reimbursement for Settlement Class Members who are not members of the California Settlement Subclass:

    If you are a Settlement Class Member and you are not a California Settlement Subclass Member (meaning you did not reside in California as of July 4, 2022), and you submit a Valid Claim showing that you spent at least one (1) full hour performing activities because of the Data Incident, you will be paid $20 per hour for up to three (3) hours ($60 total). To qualify for this settlement benefit, you must complete the attestation section on the Claim Form confirming that you actually spent the claimed time responding to issues caused by the Data Incident and a written description of how your time was spent. The Settlement Administrator will review this attestation for qualification, completeness, and plausibility and must approve.

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  8. How do I submit a claim for settlement benefits? (The Deadline has passed)

    Settlement Class Members seeking settlement benefits for credit monitoring, out-of-pocket expenses, a California Settlement Subclass payment, and/or lost-time reimbursement must complete and submit a timely and valid Claim Form to the Settlement Administrator by November 24, 2023. Claim Forms can be mailed or submitted online on this website here. If submitted by mail, the Claim Form must be postmarked by November 24, 2023.

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  9. What am I giving up to receive settlement benefits or stay in the Settlement Class?

    Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes Final, all Court 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 the Defendant and Released Persons about the legal issues in this Litigation that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

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  10. What are the Released Claims?

    The Class Action Settlement Agreement in Sections 1.21–1.23, 1.32, and 6 describes the Release, Released Entities, Released Claims, Released Persons, and Unknown Claims in necessary legal terminology, so please read these sections carefully. The Class Action Settlement Agreement is available in the Documents section of this website or in the public Court records on file in this lawsuit. For questions regarding the Releases and what the language in the Class Action Settlement Agreement means, you can also contact one of the lawyers listed in FAQ 14 for free, or you can talk to your own lawyer at your own expense.

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  11. How do I make a claim for settlement benefits? (The Deadline has passed)

    To submit a Settlement Claim for credit monitoring, reimbursement of Out-of-Pocket Expenses, a California Settlement Subclass payment, and/or Lost-Time Reimbursement, you must complete and submit your Claim Form to the Settlement Administrator, postmarked or submitted online on or before November 24, 2023. You will need the Unique ID printed on the postcard notice that you received in the mail. If you did not receive a postcard notice or have lost yours, please contact the Settlement Administrator at the address listed below. Claim Forms may be submitted online here or printed from this website and mailed to the Settlement Administrator at the address on the Claim Form. The quickest way to submit a Claim Form is online. Claim Forms are also available by calling 1-888-851-5492 or by writing to the following address:

    7/4/22 Data Incident Settlement Administrator
    P.O. Box 4454
    Portland, OR 97208-4454

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  12. What happens if my contact information changes after I submit a claim?

    If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by calling 1-888-851-5492 or by writing to the following address:

    7/4/22 Data Incident Settlement Administrator
    P.O. Box 4454
    Portland, OR 97208-4454

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  13. When will I receive my settlement benefits?

    If you filed a timely and valid Claim Form, payments were sent out on June 10, 2024.

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  14. Do I have a lawyer in this case?

    Yes, the Court has appointed Mathew R. Wilson and Michael J. Boyle, Jr., of Meyer Wilson Co., LPA, and Sam Strauss and Raina Borrelli of Turke & Strauss, LLP as Proposed Settlement Class Counsel to represent you, the Settlement Class, and the California Settlement Subclass for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Proposed Settlement Class Counsel to represent you in this Litigation.

    You may contact Proposed Settlement Class Counsel at the following address:

    Matthew R. Wilson
    Meyer Wilson Co., LPA
    305 W. Nationwide Blvd.
    Columbus, OH 43215

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  15. How will Proposed Settlement Class Counsel be paid?

    Proposed Settlement Class Counsel will file a motion asking the Court to award attorneys’ fees, costs, and expenses of $200,000. They will also ask the Court to approve service awards of $2,500 to each of the Class Representatives for participating in this Litigation and for their efforts in achieving the Settlement. If awarded by the Court, attorneys’ fees, costs, and expenses, and the service awards will be paid by the Defendant. The Court may award less than these amounts. Proposed Settlement Class Counsel’s application for attorneys’ fees, costs, and expenses, and service awards will be made available in the Documents section of this website before the deadline to object to the Settlement.

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  16. How do I get out of the Settlement?

    If you are a Settlement Class Member and you want to keep any right you may have to sue or continue to sue the Defendant and Released Persons on your own based on the claims raised in this Litigation or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from or “opting out” of the Settlement.

    To opt out of the Settlement, you must mail a written notice of intent to opt out. The written notice must be signed; include your name, address, telephone number, and email address (if available); and clearly state that you wish to be excluded from the Settlement Class. The opt-out request must be postmarked and sent to the Settlement Administrator at the following address by October 24, 2023 (The Deadline has passed):

    7/4/22 Data Incident Settlement Administrator
    P.O. Box 4454
    Portland, OR 97208-4454

    You cannot exclude yourself by telephone or by email.

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  17. If I opt out, can I get anything from the Settlement?

    No. If you opt out, you are telling the Court you do not want to be part of the Settlement. You can only get settlement benefits if you stay in the Settlement.

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  18. If I do not opt out, can I sue the Defendant for the same thing later?

    No. Unless you opt out, you give up any right to sue the Defendant and Released Persons for the claims this Settlement resolves and Releases relating to the Data Incident. You must opt out of this Settlement to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant, the Related Entities, or any of the Released Persons. If you have a pending lawsuit, speak to your lawyer in that case immediately.

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  19. How do I tell the Court that I do not like the Settlement? (The Deadline has passed)

    If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement. To object, you must file a timely written notice of your objection, postmarked no later than October 24, 2023. The objection must include all the following additional information:

    1. Your full name and address
    2. The case name and docket number, Healy et al. v. Reiter Affiliated Companies, LLC, Case No. 22-CV-003056 (Superior Court for the County of Monterey)
    3. Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement 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 Settlement Class Member)
    4. A written statement of all reasons for the objection accompanied by any legal support for the objection you believe is applicable
    5. The identity of any and all lawyers representing you in connection with the objection
    6. A statement whether you and/or your lawyer will appear at the Final Fairness Hearing
    7. 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, postmarked no later than October 24, 2023, to the following addresses:

    Proposed Settlement Class Counsel Counsel for Defendant
    Matthew R. Wilson
    Meyer Wilson Co., LPA
    305 W. Nationwide Blvd.
    Columbus, OH 43215
    Matthew D. Pearson
    Baker & Hostetler, LLP
    600 Anton Blvd.
    Suite 900
    Costa Mesa, CA 92626

    Any Settlement Class Member who fails to comply with the requirements for objecting in Section 5 of the Class Action Settlement Agreement waives and forfeits any and all rights they may have to appear separately and/or to object to the Class Action Settlement Agreement and will be bound by all the terms of the Class Action Settlement Agreement and by all proceedings, orders, and judgments in the Litigation.

    You as the objector or your own attorney may also file objections with the Court through the Court’s electronic filing system, with service on Proposed Settlement Class Counsel and the Defendant’s counsel made through mail. For all objections mailed to Proposed Settlement Class Counsel and counsel for the Defendant, Proposed Settlement Class Counsel will file them with the Court as an exhibit to the Motion for Final Approval of the Settlement.

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  20. What is the difference between objecting and asking to opt out?

    Objecting is simply telling the Court you do not like something about the Settlement. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

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  21. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Fairness Hearing on January 19, 2024, at 8:30 a.m. before the Honorable Vanessa W. Vallarta at the Superior Court of the State of California for the County of Monterey, 1200 Aguajito Road Monterey, CA 93940. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement; Proposed Settlement Class Counsel’s application for attorneys’ fees, costs, and expenses; and the service awards for Class Representatives. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

    Note: The date and time of the Final Fairness Hearing are subject to change. The Court may also decide to hold the hearing via Zoom or by phone. Any change will be posted on this website.

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  22. Do I have to attend the Final Fairness Hearing?

    No. Proposed Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to go to Court to speak about it. As long as you file or mail your written objection on time, the Court will consider it.

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  23. May I speak at the Final Fairness Hearing?

    Yes, as long as you do not exclude yourself (opt out), you can (but do not have to) participate and speak for yourself in this Litigation and about this Settlement. This is called making an appearance. You may also have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

    If you want to appear, or if you want your own lawyer instead of Proposed Settlement Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 19 above and include a statement as to whether you and/or your attorney will appear at the Final Fairness Hearing.

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  24. What happens if I do nothing at all?

    If you are a Settlement Class Member and you do nothing, you will not receive any settlement benefits. You will give up rights explained in FAQ 18, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant and Released Persons that relates to the Data Incident.

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  25. How do I get more information?

    Complete details are provided in the Class Action Settlement Agreement. The Class Action Settlement Agreement and other related documents are available at the Documents section or by writing to the following address:

    7/4/22 Data Incident Settlement Administrator
    P.O. Box 4454
    Portland, OR 97208-4454

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE.

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