1. WHY WAS THE NOTICE ISSUED?
2. WHAT IS THIS LAWSUIT ABOUT?
3. WHAT IS A CLASS ACTION?
4. WHY IS THERE A SETTLEMENT?
5. WHO IS INCLUDED IN THE SETTLEMENT?
6. ARE THERE EXCEPTIONS TO BEING INCLUDED?
7. WHAT DOES THE SETTLEMENT PROVIDE?
8. HOW MUCH WILL MY PAYMENT BE?
9. WHAT CLAIMS AM I RELEASING IF I STAY IN THE SETTLEMENT CLASS?
10. HOW DO I SUBMIT A CLAIM AND GET A CASH PAYMENT?
11. WHAT IS THE DEADLINE FOR SUBMITTING A CLAIM?
12. WHEN WILL I GET MY PAYMENT?
13. DO I HAVE A LAWYER IN THE CASE?
14. SHOULD I GET MY OWN LAWYER?
15. HOW WILL THE LAWYERS BE PAID?
16. HOW DO I OPT OUT OF THE SETTLEMENT?
17. HOW DO I TELL THE COURT IF I LIKE OR DO NOT LIKE THE SETTLEMENT?
18. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?
19. WHEN IS THE COURT’S FINAL APPROVAL HEARING?
20. DO I HAVE TO COME TO THE FINAL APPROVAL HEARING?
21. WHAT HAPPENS IF I DO NOTHING AT ALL?
22. HOW DO I GET MORE INFORMATION?
A state court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned King v. Erickson Demel & Associates, 1:23-cv-00398 (W.D. Tex.). The person that filed this lawsuit is called the “Plaintiff” and the company sued, Erickson Demel, is called the “Defendant.”
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This lawsuit alleges that personal information was impacted by the cybersecurity incident that affected Erickson Demel in or around January 2023 (“Security Incident”).
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Class Representatives” or “Plaintiffs.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all settlement class members, except for those who opt out from a settlement. In this Settlement, the Class Representative is Candice King.
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The Court did not decide in favor of the Plaintiff or the Defendant. The Defendant denies all claims and contends that it has not violated any laws. Plaintiff and the Defendant agreed to a settlement to avoid the costs and risks of a trial, and through the Settlement, Settlement Class Members are eligible to receive payments. The Plaintiff and her attorneys think the Settlement is best for all Settlement Class Members.
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The Settlement Class consists of all individuals, or their respective successors or assigns, who reside in the United States and who Defendant sent a notice concerning the Security Incident.
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Yes. Excluded from the Settlement Class are (i) Erickson Demel, its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Security Incident or who pleads nolo contendere to any such charge.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling, emailing or writing to the Settlement Administrator at:
Erickson Demel Settlement
Settlement Administrator
PO Box 25226
Santa Ana, CA 92799
info@EricksonDemelSettlement.com
You may also view the Settlement Agreement and Release here.
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Under the Settlement, Erickson Demel will pay all valid and timely claims for Credit Monitoring, Ordinary Losses, Lost Time, and Extraordinary Losses, up to an aggregate cap of $400,000 (less costs of notice and settlement administration, attorneys’ fees and costs, and Plaintiff service award).
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Payments will vary - Settlement Class Members may submit a claim form for: (1) 1 year of credit monitoring; (2) Ordinary Loss Claims – up to a total of $350 per claimant; (3) Lost Time - $25 per hour for up to 4 hours (for a total of $100, subject to the $350 cap on Ordinary Loss Claims); (4) Extraordinary Loss Claims- up to a total of $5,000 per claimant. In the unlikely event that the total cost of this settlement would otherwise exceed $400,000, Settlement Administration Fees and attorneys’ fees and costs and Plaintiff’s service award will be paid as a first priority; the cost of credit monitoring will be paid as a second priority; other costs and expenses will be pro-rated as needed to stay within the maximum $400,000 cap.
Credit Monitoring Services. All Settlement Class Members shall have the ability to make a claim for 1 year of credit monitoring services and identity theft protection by choosing this benefit on this Claim Form.
Ordinary Losses up to a total of $350.00 per claimant, upon submission of a valid claim with supporting documentation for out-of-pocket losses incurred or spent between January 9, 2023 and seven days after the Court approved notice of settlement is sent to the Class, including: i) Out of pocket expenses incurred as a result of the Security Incident, including unreimbursed bank fees, long distance phone and cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage or gasoline for local travel; ii) Fees for credit reports, credit monitoring or other identity theft insurance products purchased as a result of the Security Incident.
Lost Time Claims for reimbursement of $25.00 per hour up to 4 hours (for a total of $100) with an attestation on the Claim Form that the activities performed were related to the Security Incident. Claims for Lost Time are subject to the $350.00 cap for Ordinary Losses.
Extraordinary Losses up to a total of $5,000.00 per Settlement Class Member in compensation on submission of a valid and timely claim form for monetary losses that meet the following conditions: i) The loss is an actual, documented and unreimbursed monetary loss caused by (A) misuse of the Settlement Class Member’s Personal Information or (B) fraud or identity theft associated with the Settlement Class Member’s Personal Information; ii) The loss noted in i.(A) or i.(B) was more likely than not caused by the Data Incident; iii) The loss occurred between January 9, 2023 and seven days after the Court approved notice of settlement is sent to the Class; iv) The loss is not already covered by the Ordinary Loss or Lost Time categories and the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all of the Settlement Class Member’s credit monitoring insurance and identity theft insurance.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found here.
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You may file a claim if you are an individual who resides in the United States who received notice of the Security Incident from Erickson Demel.
Claim Forms may be submitted online at here or downloaded here and mailed to the Settlement Administrator at:
Erickson Demel Settlement
Settlement Administrator
PO Box 25226
Santa Ana, CA 92799
You may also contact the Settlement Administrator to request a Claim Form by sending an email to info@EricksonDemelSettlement.com, or by U.S. mail at the address above.
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If you submit a claim by U.S. mail, the completed and signed Claim Form must be postmarked by January 4, 2025. If submitting a Claim Form online, you must do so by January 4, 2025.
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The Court is scheduled to hold a final approval hearing on February 20, 2025, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award Service Awards to the Class Representatives who brought this Action on behalf of the Settlement Class.
If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.
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Yes, the Court appointed Raina C. Borrelli of Strauss Borrelli PLLC to represent you and other members of the Settlement Class (“Settlement Class Counsel”). You will not be charged directly for these lawyers; instead, they will receive compensation from Erickson Demel (subject to Court approval). If you want to be represented by your own lawyer, you may hire one at your own expense.
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It is not necessary for you to hire your own lawyer because Settlement Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Settlement Class Counsel will file a motion for an award of attorneys’ fees and litigation costs and expenses to be paid by Erickson Demel. Erickson Demel has agreed not to oppose Settlement Class Counsel’s request for an award of attorneys’ fees and litigation costs and expenses not to exceed One Hundred and Thirty Thousand Dollars and Zero Cents ($130,000.00). If Settlement Class Counsel seeks more than $130,000.00 in attorneys’ fees and expenses, Erickson Demel has reserved all rights to object and oppose such requests.
Settlement Class Counsel will also seek a service award payment for the Class Representatives in recognition for their contributions to this Action. Erickson Demel has agreed not to oppose Settlement Class Counsel’s request for a service award not to exceed Two Thousand Five Hundred Dollars and Zero Cents ($2,500.00) for the Class Representative. To the extent more than $2,500.00 as a service award is sought for the Class Representative, Erickson Demel has reserved all rights to object and oppose such a request.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is December 5, 2024.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
the case name: King v. Erickson Demel & Associates, 1:23-cv-00398 (W.D. Tex.);
your full name;
current address;
personal signature; and
the words “Request for Exclusion” or a comparable statement that you do not wish to participate in the Settlement.
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than December 5, 2024.
Erickson Demel Security Incident Settlement Administrator
ATTN: Exclusion Request
PO Box 25226
Santa Ana, CA 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive a payment or any other benefits under the Settlement if you exclude yourself. You may only exclude yourself – not any other person.
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If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement.
For an objection to be considered by the Court, the objection must include: The written objection must include (i) the name of the proceedings; (ii) the Settlement Class Member’s full name, current mailing address, and telephone number; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class; (v) the identity of any attorneys representing the objector; (vi) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (vii) a list of all other matters in which the objecting Settlement Class Member and/or his/her attorney has lodged an objection to a class action settlement; and (viii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.
Any Settlement Class Member who does not file a timely and adequate objection in accordance with above paragraph waives the right to object or to be heard at the Final Approval Hearing and shall be forever barred from making any objection to the Settlement and shall be bound by the terms of the Agreement and by all proceedings, orders, and judgments in the Action.
Objections must be filed with the Court no later than December 5, 2024.
U.S. District Clerk’s Office
501 West Fifth Street, Suite 1100
Austin, Texas 79830
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court is scheduled to hold a final approval hearing on February 20, 2025 at 9:00 a.m. E.T., via Zoom (Dial-in #: +16692545252,,1613131172#,,,,*120804#), to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a service award payment to each Class Representative who brought this Action on behalf of the Settlement Class. If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost. The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time and meets the requirements above.
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If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will not receive a payment from this Settlement.
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This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you may contact the Settlement Administrator at:
Erickson Demel Settlement
Settlement Administrator
PO Box 25226, Santa Ana, CA 92799
Email: info@EricksonDemelSettlement.com
Toll-Free: (833) 285-3364
Publicly filed documents can also be obtained by visiting the office of the District Court of the Western District of Texas in and for Austin, Texas or by reviewing the Court’s online docket.
PLEASE DO NOT CONTACT THE COURT OR ERICKSON DEMEL
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