You received this notice because you may be a Settlement Class Member or Settlement Subclass Member able to receive benefits from a proposed settlement of the class action lawsuit, Retsky et al. v. Super Care, Inc., d/b/a SuperCare Health., Case No. 22STCV16267, Superior Court of California, Los Angeles County (the “Litigation”). The Court overseeing the Litigation authorized this Notice to advise Settlement Class Members and Settlement Subclass Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options you have in connection with that Settlement.
The Litigation is a proposed class action lawsuit brought on behalf of all persons whose personally identifiable information may have been accessed and/or compromised by unauthorized third-party criminals as part of the Data Incident perpetrated on SuperCare in July 2021.
In a class action, one or more representative plaintiffs bring a lawsuit on behalf of others who are alleged to have similar claims. Together, all of these people are the “class” and each individually is a “class member.” There are eight Representative Plaintiffs in this case: Steven Retsky, Vickey Angulo, Hamid Shalviri, Anthony Henson, Cherie O’Neal, Charles Stephanski, Harmon Cottrell, Marina Cardenas, and Susie Frazier-Tellas. The class in this case is referred to in this Notice as the “Settlement Class.”
The Representative Plaintiffs in the Lawsuit, through their attorneys, investigated the facts and law relating to the issues in the Litigation. The Representative Plaintiffs and Settlement Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Representative Plaintiffs’ claims or Defendant’s defenses have any merit, and it will not do so if the proposed settlement is approved. By agreeing to settle, both sides avoid the cost and risks of a trial, and people who submit valid claims will receive benefits from the Settlement. The Settlement does not mean that the Defendant did anything wrong, or that the Representative Plaintiffs and the Settlement Class would or would not win the case if it were to go to trial.
TERMS OF THE PROPOSED SETTLEMENT
The Settlement Class is defined as all persons whose Personally Identifiable Information was maintained on SuperCare’s system that was compromised in the July 2021 Data Incident, and who were sent a notice of the Data Incident.
The California Subclass is defined as all persons residing in California whose Personally Identifiable Information was maintained on SuperCare’s system that was compromised in the Data Incident, and who were sent a notice of the Data Incident.
The Settlement Class and California Subclass specifically exclude: (i) SuperCare and its respective officers and directors; (ii) all members of the Settlement Class who timely and validly request exclusion from the Settlement Class; (iii) the Judge and Magistrate Judge assigned to evaluate the fairness of this settlement; 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 Data Incident or who pleads nolo contendere to any such charge.
SuperCare shall fund a non-reversionary settlement fund (“Settlement Fund”) in the amount of $2,250,000 to pay all Costs of Claim Administration; all Valid Claims; any service awards to Representative Plaintiffs; and any attorneys’ fees award to Proposed Settlement Class Counsel.
The proposed Settlement provides for two tiers of monetary payments:
Tier 1: All California Subclass Members may elect to claim a cash payment of $100.
Tier 2: All California Subclass Members who elect to claim Tier 2 benefits (in lieu of Tier 1 benefits) and all other Settlement Class Members can claim up to $2,500 for reimbursement of out-of-pocket expenses incurred as a result of the Data Incident. This includes but is not limited to receiving up to four (4) hours of lost time spent dealing with issues arising out of the Data Incident (calculated at the rate of $25 per hour).
All Settlement Class Members and California Subclass Members may also claim one (1) year of three-bureau credit monitoring, which shall include up to $1 million in fraud insurance coverage.
The calculated payment amounts may be subject to a pro rata reduction depending on the number and value of Valid Claims submitted. If money remains in the Settlement Fund after the payment of all claims, attorneys’ fees, costs, and expenses, and service awards to the Class Representatives, the remaining money will be paid to Identity Theft Resource Center, subject to Court approval. No monies will revert to SuperCare.
SuperCare has also agreed to implement and maintain certain cybersecurity and business practice enhancements after the Data Incident and due to this Settlement.
Settlement Class Members who do not validly exclude themselves from the Settlement will be bound by the Amended Class Action Settlement Agreement (“Settlement Agreement”) and any final judgment entered by the Court, and will give up their right to sue the Defendant for the claims being resolved by the Settlement. The claims that Settlement Class Members are releasing, and the persons and entities being released from those claims are described in the Settlement Agreement as:
Upon the Release Effective Date, each Settlement Class Member, including Plaintiffs, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims, including Unknown Claims. Further, upon the Release Effective Date, and to the fullest extent permitted by law, each Settlement Class Member, including Plaintiffs, shall, either directly, indirectly, representatively, as a member of or on behalf of the general public or in any capacity, be permanently barred and enjoined from commencing, prosecuting, or participating in any recovery in any action in this or any other forum (other than participation in the settlement as provided herein) in which any of the Released Claims is asserted.
Upon the Release Effective Date, SuperCare shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged, Representative Plaintiffs, each and all of the Settlement Class Members, Proposed Settlement Class Counsel, of all claims, known and unknown, based upon or arising out of the institution, prosecution, assertion, settlement, or resolution of the Litigation or the Released Claims, except for enforcement of the Settlement Agreement. Any other claims or defenses SuperCare may have against such Persons including, without limitation, any claims based upon or arising out of any retail, banking, debtor-creditor, contractual, or other business relationship with such Persons that are not based upon or do not arise out of the institution, prosecution, assertion, settlement, or resolution of the Litigation or the Released Claims are specifically preserved and shall not be affected by the preceding sentence.
Notwithstanding any term herein, neither SuperCare nor its Related Parties shall have or shall be deemed to have released, relinquished or discharged any claim or defense against any Person other than Representative Plaintiffs, each and all of the Settlement Class Members, and Proposed Settlement Class Counsel.
To view the Settlement Agreement, please visit the Important Documents page.
PAYMENTS TO SETTLEMENT CLASS MEMBERS
California Subclass Members who do not claim Tier 1 benefits and all other Settlement Class Members and can claim up to $2,500 in out-of-pocket expenses that were incurred as a result of the Data Incident, including, but not limited to:
- unreimbursed bank fees;
- unreimbursed card reissuance fees;
- unreimbursed overdraft fees;
- unreimbursed charges related to unavailability of funds;
- unreimbursed late fees;
- unreimbursed over-limit fees;
- long distance telephone charges;
- cell minutes (if charged by minute), Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Data Incident), and text messages (if charged by the message and incurred solely as a result of the Data Incident);
- unreimbursed charges from banks or credit card companies;
- interest on payday loans due to card cancellation or due to over-limit situation incurred solely as a result of the Data Incident;
- costs of credit report(s), credit monitoring, and/or other identity theft insurance products purchased by members of the Settlement Class between August 18, 2021 and the Claims Deadline; and
- other losses incurred by Settlement Class Members determined by the Claims Administrator to be fairly traceable to the Data Incident, including, but not limited to, the cost of postage and fuel for local travel.
To receive reimbursement for any of the above-referenced out-of-pocket expenses, Settlement Class Members must submit (i) their name and current address; (ii) supporting documentation of such out-of-pocket expenses; and (iii) a description of the loss, if not readily apparent from the documentation.
California Subclass Members who do not claim Tier 1 benefits and all other Settlement Class Members are also eligible to receive up to four (4) hours of lost time spent dealing with issues arising out of the Data Incident (calculated at a rate of $25 per hour). Claims made for lost time are included in the $2,500 cap for out-of-pocket expenses.
No. The Tier 1 payment of $100 is limited to California Subclass Members, which includes all California residents whose Personally Identifiable Information was maintained on SuperCare’s system that was compromised in the Data Incident, and who were sent a notice of the Data Incident.
No. California Subclass Members can only submit a claim for Tier 1 or Tier 2 benefits, but not both. Settlement Class Members who are not California Subclass Members are ineligible for Tier 1 benefits but can still claim Tier 2 benefits.
YOUR OPTIONS AS A SETTLEMENT CLASS MEMBER
If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement. However, if you wish to receive a settlement benefit, you must complete and submit a Claim Form postmarked or submitted online by July 5, 2023. You may submit a Claim Form online.
If you do not want to give up your right to sue the Defendant about the Data Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class.
If you object to the settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and file a written objection in this case with the Court. If you object, you must still submit a claim if you want to receive settlement benefits.
If you do nothing, you will get no payment from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant related to the claims released by the Settlement.
You may complete the Claim Form online. You may also obtain a paper Claim Form by downloading it on the Important Documents page or by calling the Claims Administrator at 1-877-558-1277. If you choose to complete a paper Claim Form, you may either submit the completed and signed Claim Form and any supporting materials by e-mailing them to Info@SuperCareDataIncidentSettlement.com or mail them to:
SuperCare Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
The Claims Administrator will initially decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to timely provide all required information will invalidate a claim and it will not be paid.
You must submit a signed and written request that clearly manifests your intent to exclude yourself from the Settlement Class in the lawsuit, Retsky et al. v. Super Care, Inc., d/b/a SuperCare Health, Case No. 22STCV16267, and include your name, address, and phone number. Your request must be postmarked by June 5, 2023, and sent to this address:
SuperCare Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
No. If you exclude yourself, you will not be entitled to any Settlement benefits. However, you will also not be bound by any judgment in this Lawsuit.
No. Unless you exclude yourself, you give up any right to sue the Defendant 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 requesting a payment.
All Settlement Class Members who do not request exclusion from the Settlement Class have the right to object to the settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.
Any objection to the proposed Settlement must be in writing and it and any supporting papers must be mailed to Settlement Class Counsel and Defendant’s Counsel (at the addresses in Question 24) or filed with the Court postmarked no later than June 5, 2023:
Clerk of the Court
Superior Court of California, County of Los Angeles
312 North Spring Street
Los Angeles, CA 90012
To be considered by the Court, your objection must state: (i) the objector’s full name and address; (ii) the case name and docket number - Retsky v. Super Care, Inc., d/b/a SuperCare Health, Case No. 22STCV16267 (Sup. Ct. LA County) (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; and (vii) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection. To be timely, written notice of an objection in the appropriate form must be mailed to the Court only with the Court’s address listed above.
THE COURT’S FINAL FAIRNESS HEARING
The Court will hold a Final Fairness Hearing to decide whether to approve the Settlement. That hearing is scheduled for August 28, 2023, at 10:30 A.M. PST, at 312 North Spring Street, Los Angeles, CA 90012. At the Final Fairness Hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Settlement Class Counsel’s request for attorneys’ fees and costs, and the request for a service award for the Representative Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement.
It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this website to confirm the schedule if you wish to attend.
No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person to make an objection; the Court will consider any written objections properly submitted according to the instructions in Question 19. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.
If the Court approves the Settlement and no appeal is taken, the Claims Administrator will send Settlement payments to Settlement Class Members who submitted timely and valid Settlement Claims within sixty (60) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later. No distributions will be made without authorization from the parties.
If any appeal is taken, it is possible the Settlement could be disapproved on appeal.
If the Court does not approve the Settlement, there will be no Settlement benefits available to Settlement Class Members. Settlement Class Counsel or the Representative Plaintiffs and the case will proceed as if no Settlement had been attempted.
THE LAWYERS REPRESENTING THE SETTLEMENT CLASS
The Court has appointed the following attorneys to represent the Settlement Class and Settlement Class Members in this Lawsuit:
Gary M. Klinger
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
Facsimile: (865) 522-0049
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Tel: (646) 837-7150
Fax: (212) 989-9163
Jean Sutton Martin
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, Florida 33602
Telephone: (813) 559-4908
Facsimile: (813) 222-4795
These attorneys are called Settlement Class Counsel. Settlement Class Members will not be charged for the services of Settlement Class Counsel; however, you may hire your own attorney at your own expense to advise you in this matter or represent you in making an objection or appearing at the final settlement approval hearing.
Settlement Class Counsel will seek an order from the Court awarding an amount not to exceed 33% of the Settlement Fund for attorneys’ fees and expenses. The Court will decide the amount of fees and expenses to be paid.
Settlement Class Counsel will also seek an order from the Court awarding $1,500 in service awards to each of the eight (8) Class Representatives. This amount will have to be approved by the Court. Any amount approved by the Court will be paid from the Settlement Fund.
FOR MORE INFORMATION
The above is a summary of the basic terms of the Settlement. For the precise terms and conditions of the Settlement, you are referred to the detailed Settlement Agreement. You may contact Claims Administrator by mail, email, or phone:
SuperCare Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Para obtener una copia de la documentación del acuerdo de demanda colectiva en español, llame a 1-877-558-1277 o solicite a través del sitio web del acuerdo.&rdquo
PLEASE DO NOT TELEPHONE THE COURT, DEFENDANT, OR DEFENDANT’S COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT.