In re: Herff Jones Data Breach Litigation

Case No. 1:21-cv-01329-TWP-DLP (S.D. Ind.)

United States District Court for the Southern District of Indiana

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why is there a notice?

    The Court authorized the notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give “final approval” to the Settlement. The notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

    Judge Tanya Walton Pratt of the United States District Court for the Southern District of Indiana is overseeing this case known as In re Herff Jones Data Breach Litigation, Case No. 1:21-cv01329. The people who brought the lawsuit are called the Plaintiffs. The company being sued, Herff Jones, LLC, is called the Defendant.

  3. What is this lawsuit about?

    The lawsuit claims that Defendant was responsible for the Data Incident and asserts claims such as: negligence, negligence per se, declaratory judgment, and violations of the California Consumer Privacy Act and the Illinois Consumer Fraud and Deceptive Business Practices Act.

    Defendant denies these claims and says it did not do anything wrong. No court or other judicial entity has made any judgment or other determination that Defendant has any liability on these claims or did anything wrong.

  4. Why is this lawsuit a class action?

    In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called class members. One court resolves the issues for all class members, except for those who exclude themselves from the class.

  5. Why is there a Settlement?

    The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Settlement Class (“Settlement Class Members”). The “Settlement Class Representatives” appointed to represent the Settlement Class, and the attorneys for the Settlement Class (“Settlement Class Counsel,” see FAQ 18) think the Settlement is best for all Settlement Class Members.

  6. WHO IS IN THE SETTLEMENT?

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

    You are affected by the Settlement and potentially a member of the Settlement Class if you reside in the United States and your payment card information was exposed or potentially exposed in connection with the Data Incident, including if you were mailed a notification by or on behalf of Herff Jones between or around the period of May 12, 2021-June 18, 2021 regarding the Data Incident.

    Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class is any judge presiding over this matter and any members of their first-degree relatives, judicial staff, the officers and directors of Herff Jones, Settlement Class Counsel and their first-degree relatives, and Persons who timely and validly request exclusion from the Settlement Class.

  8. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are included in the Settlement, you may call 833-944-3141 with questions. You may also write with questions to:

    Herff Jones Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103
    info@HerffJonesClassSettlement.com

  9. THE SETTLEMENT BENEFITS–WHAT YOU GET IF YOU QUALIFY

  10. What does the Settlement provide?

    The Settlement provides that Defendant will fund the following payments up to a total of $4,350,000: (a) $75 for reimbursement to Settlement Class Members who attest that they used a credit, debit or other payment card at the Herff Jones website to make a purchase during the Data Incident Period; (b) $25 per hour, up to a total of $200 for Settlement Class Members who submit reasonable proof of a subsequent fraudulent charge on the payment card, and who attest that they spent at least some time addressing the fraudulent transaction or monitoring their account as a result of the Data Incident, and that the fraudulent charge was more likely than not caused by the Data Incident; or (c) up to $5,000 for reimbursement of certain out of pocket expenses stemming from the Data Incident that were not reimbursed (see FAQ 8).

    The Settlement also provides that Settlement Class Members who were residents of the State of California at the time their Personal Information was exposed or potentially exposed in the Data Incident are eligible for an additional benefit of $100 upon submitting a claim and attesting that they were a California resident at the time of the Data Incident.

    Such benefits are subject to pro rata reduction as needed in the event that the total claims exceed the $4,350,000 cap on payments to be made by Defendant, and payments may also be increased on a pro rata basis, with a maximum payment under part (a) above of $200, a maximum payment under part (b) above of $400, a maximum payment under part (c) above of $10,000, and a maximum payment to members of the California subclass described above of $200. If there are funds remaining after these payments, the residual amount will not be returned to the Defendant but paid to a charitable recipient. Payment of attorneys’ fees, costs and expenses (see FAQ 19) and the costs of notifying the Settlement Class and administering the Settlement will also be paid out of the Settlement.

  11. What payments are available for reimbursement of documented out-of-pocket expenses and time spent?

    Settlement Class Members who do not submit a claim for a $75 payment are eligible to receive:

    1. Reimbursement of actual, documented, unreimbursed out-of-pocket expenses resulting from the Data Incident (up to $5,000 in total), such as:
      • late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, and/or card cancellation or replacement fees;
      • late fees from transactions with third parties that were delayed due to fraud or card replacement;
      • unauthorized charges on credit, debit or other payment cards that were not reimbursed;
      • parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;
      • credit freeze fees or credit monitoring purchased for up to three years; and
      • other expenses that are reasonably attributable to the Data Incident that were not reimbursed; or
    2. Compensation for time spent addressing fraudulent transactions or monitoring an account as a result of the Data Incident, and that the fraudulent charge was more likely than not caused by the Data Incident as described in response to FAQ 7, up to the amount of $200.00.
  12. HOW DO YOU SUBMIT A CLAIM?

  13. How do I get a benefit?

    To receive a benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”) which can be submitted here, or is available for download here, or by calling 1-833-944-3141. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the claim form.

  14. How will claims be decided?

    The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner the Claim will be considered invalid and will not be paid.

  15. When will I get my payment?

    The Court will hold a hearing on July 18, 2022 at 2:00 p.m. ET to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.

  16. WHAT DOES DEFENDANT GET?

  17. What am I giving up as part of the Settlement?

    If the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and other persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Incident. This release is described in the Settlement Agreement, which is available at here. If you have any questions you can talk to the law firms listed in FAQ 18 for free or you can talk to your own lawyer.

  18. EXCLUDING YOURSELF FROM THE SETTLEMENT

    If you do not want to be part of this Settlement, but you want to keep the right to sue Defendant about the legal issues in this case, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class.

  19. If I exclude myself, can I get a payment from this Settlement?

    No. If you exclude yourself you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.

  20. If I do not exclude myself, can I sue Defendant for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue Defendant (and any other Released Parties) for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for any benefit under the Settlement.

    If you are requesting exclusion because you want to bring your own lawsuit based on the matters alleged in this class action, you may want to consult an attorney and discuss whether any individual claim that you may wish to pursue would be time-barred by the applicable statutes of limitations or repose.

  21. How do I exclude myself from the Settlement?

    To exclude yourself, send a letter that says you want to be excluded from the Settlement in In re Herff Jones Data Breach Litigation, Case No. 1:21-cv-01329 (S.D. Ind.). The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the settlement. If your request for exclusion covers a payment card that includes co-signers or co-holders on the same payment card account, your shall be deemed to be properly completed and executed as to that payment card only if all cosigners or co-holders elect to and validly opt-out. You must mail your exclusion request postmarked by April 12, 2022, to:

    Herff Jones Data Breach Settlement Administrator
    Attn: Exclusion Request
    PO Box 58220
    Philadelphia, PA 19102

  22. OBJECTING TO THE SETTLEMENT

  23. How do I tell the Court that I do not like the Settlement?

    You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change the terms. To object, you must mail your objection to the Clerk of the Court, Settlement Class Counsel and Defendant’s Counsel, at the mailing addresses listed below, postmarked by no later than the objection deadline, April 12, 2022:

    Court Defendant’s Counsel
    Clerk of the Court
    Birch Bayh Federal Building & U.S. Courthouse
    46 East Ohio Street
    Indianapolis, IN 46204
    Mark S. Mester
    Latham & Watkins LLP
    330 North Wabash Avenue, Suite 2800
    Chicago, Ill 60611
    Settlement Class Counsel  
    Bryan L. Bleichner
    Chestnut Cambronne PA
    100 Washington Avenue South, Suite 1700
    Minneapolis, MN 55401

    Gary M. Klinger
    Mason, Lietz, & Klinger LLP
    227 West Monroe Street, Suite 2100
    Chicago, IL 60630

    Carl V. Malmstrom
    Wolf, Haldenstein, Alder, Freeman, & Herz LLC
    111 West Jackson, Suite 1700
    Chicago, IL 60604
     

    Your objection must be written and must include all of the following: (i) your full name, address, telephone number, and e-mail address (if any); (ii) information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class; (iii) a statement as to whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire class; (iv) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any counsel representing you; (vi) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel; (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; and (viii) your signature and the signature of the your duly authorized attorney or other duly authorized representative (if any).

  24. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the Settlement. If you exclude yourself, you have no basis to object because you are no longer a member of the Settlement Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

  25. THE LAWYERS REPRESENTING YOU

  26. Do I have a lawyer in this case?

    Yes. The Court appointed Bryan L. Bleichner, Gary M. Klinger and Carl V. Malmstrom as Settlement Class Counsel, to represent the Class in settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

  27. How will the lawyers be paid?

    Settlement Class Counsel will ask the Court for an award for attorneys’ fees, costs and expenses up to $1,522,500. Defendant has agreed to pay any award of attorneys’ fees, costs and expenses up to that amount, to the extent approved by the Court. Any such award would compensate Settlement Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

    Settlement Class Counsel will also ask the Court for a service award up to $2,500 each for Settlement Class Representatives.

    Any award for attorneys’ fees, costs and expenses for Settlement Class Counsel, and of service awards to the Settlement Class Representatives, must be approved by the Court. The Court may award less than the amounts requested. Settlement Class Counsel’s papers in support of final approval of the Settlement will be filed no later than April 29, 2022 and their application for attorneys’ fees, costs and expenses, and service awards will be filed no later than February 28, 2022 and will be posted on the settlement website.

  28. THE COURT’S FAIRNESS HEARING

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

    The Court will hold a Final Approval Hearing at 2:00 p.m. ET on July 18, 2022, at the Birch Bayh Federal Building & U.S. Courthouse, Courtroom 344, 46 East Ohio Street, Indianapolis, IN 46204 or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for service awards for the Settlement Class Representatives. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Settlement Class Counsel recommend checking this website or calling 1-833-944-3141.

  30. Do I have to attend the hearing?

    No. Settlement Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 16, the Court will consider it.

  31. May I speak at the hearing?

    You may ask the Court for permission to speak at the final fairness hearing. To do so, you must file an objection according to the instructions in FAQ 16, including all the information required. Your objection must be mailed to the Clerk of the Court, Settlement Class Counsel and Defendant’s Counsel, postmarked no later than April 12, 2022.

  32. IF YOU DO NOTHING

  33. What happens if I do nothing?

    If you do nothing you will not get any money from this Settlement. If the Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant and the other Released Parties based on any of the Released Claims, ever again.

  34. GETTING MORE INFORMATION

  35. How do I get more information?

    The notice summarizes the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available here. You may also call the Settlement Administrator with questions or to get a Claim Form at 1-833-944-3141.