GETTING MORE INFORMATION. How do I get more information? This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇, by calling 1-XXX-XXX-XXXX, or by writing to: COI Claims Administrator EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. (“Convergent”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). o Documented Ordinary Losses – Up to $1,500 for documented out-of-pocket expenses fairly traceable to the Data Incident. o Attested Time Spent – Reimbursement for up to 10 hours of lost time at a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed the Settlement Fund, individuals selecting this option may not receive any payment.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
GETTING MORE INFORMATION. How do I get Are there more informationdetails about the settlement? This Notice notice summarizes the proposed Settlementsettlement. Complete details More details, including the settlement agreement, are provided available on the settlement website [URL]. You can also call toll free [PHONE #]. Be sure to state that you are calling about the Self v. Cadence Bank settlement. There has been a proposed class action settlement in the Settlement Agreementlawsuit entitled Self v. Cadence Bank, No. The Settlement Agreement and other related documents are available at ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇4:24-cv-00142-LPR, by calling 1-XXX-XXX-XXXXwhich is pending in the United States District Court for the Eastern District of Arkansas. In the lawsuit, or by writing to: COI Claims Administrator EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, OR 972XX-XXXX <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page A settlement has been reached in a class action lawsuit against Convergent Outsourcing Inc. Plaintiffs alleged that Cadence Bank (“ConvergentDefendant”) for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems improperly charged “APSN Fees,” which are defined as overdraft fees that Defendant allegedly charged and access certain personally identifying information did not refund on or around June 17, 2022 (“Data Incident”). o Documented Ordinary Losses – Up to $1,500 for documented outPoint-of-pocket expenses fairly traceable Sale debit card transactions that the customer initiated with a positive balance but settled into a negative balance. Defendant denies any wrongdoing, but it has agreed to settle claims relating to APSN Fees charged to a Settlement Class during the Data Incidentperiod from January 11, 2019 through November 15, 2023, to avoid the burden and expense of litigation. o Attested Time Spent – Reimbursement for up If you are a member of the Settlement Class and the settlement is approved, you may be entitled to 10 hours of lost time at receive a rate of $30 per hour for time spent remedying issues related to the Data Incident. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data Incident, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) cash payment from the net $4,500,000 Settlement FundFund and/or forgiveness of certain prior, unpaid APSN Fees. The amount and nature of the benefits you are entitled to will be determined by an independent Settlement Administrator based on the settlement agreement and not by Defendant. You do not need to make any claim for benefits; if the settlement is granted final approval you will automatically be sent any benefits to which is $2,450,000 minus you are entitled, including through an account credit or check. The Court has preliminarily approved this settlement. It will hold a final approval hearing on [DATE OF FINAL APPROVAL HEARING and TIME] at [LOCATION]. You do not need to attend this hearing. At the hearing, the Court will consider whether to grant final approval to the Settlement, whether to approve payment of costs attorneys’ fees up to 1/3 of the settlement including the costs Value of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up Settlement to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed be paid from the Settlement Fund, individuals selecting this option may payment of a service award up to $5,000 to each Class Representative, to be paid from the Settlement Fund, and reasonable expenses. If the Court grants final approval and you do not receive request to be excluded from the settlement, in exchange for the benefits made available to you under the settlement, you will release your right to bring any paymentclaim covered by the settlement.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
GETTING MORE INFORMATION. How do I get more information? This Notice notice summarizes the proposed Settlement. Complete You are urged to review more details are provided in the Settlement Agreement. The For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement and other related documents are available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, by calling contacting class counsel ▇▇▇▇▇▇▇ P.A. at (▇▇▇) ▇▇▇-▇▇▇▇, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. You also may call or write with questions to the Settlement Administrator at 1-XXX8xx-XXXxxx-xxxx, Abacus Data Systems Settlement Administrator, PO Box XXXX, City, State XXXXX-XXXX, or by writing to: COI Claims Administrator EXHIBIT C SUMMARY NOTICE COI Claims Administrator PO Box XXXX Portland, at ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. PLEASE DO NOT TELEPHONE THE COURT OR 972XX-XXXX <<MAIL ID>> <<NAME 1>> <<NAME 2>> <<ADDRESS LINE 1>> <<ADDRESS LINE 2>> <<ADDRESS LINE 3>> <<ADDRESS LINE 4>> <<ADDRESS LINE 5>> <<CITY, STATE ZIP>> <<COUNTRY>> 2-cv-01558-MJP Document 62-1 Filed 02/09/24 Page THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA A settlement Settlement has been reached in a class action lawsuit against Convergent Outsourcing about whether Abacus Data Systems Inc. violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“ConvergentTCPA”) ), based on unsolicited, autodialed text messages. Abacus Data Systems denies the allegations in the lawsuit and the Court has not decided who is right. $1,950,000. The Settlement Fund will be used to pay all settlement costs, including settlement administration costs, any attorneys’ fees and expenses awarded to Class Counsel by the Court, any service award awarded to the Class Representative by the Court, and all Approved Claims. Members of the Settlement Class who submit Approved Claims shall receive a pro rata share of the Settlement Fund minus a pro rata share of settlement costs. Although the exact amount of each claimant’s share of the Settlement Fund is unknown at this time, the parties expect each claimant’s share will be between $400 and $600. Only Approved Claims will be paid. Only one claim per telephone number will be validated and deemed an Approved Claim. How can I get a Payment? By completing the Claim Form provided with this notice and submitting it by U.S. mail to the Settlement Administrator at the address on the Claim Form. You may also download or file a Claim Form online at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. If you send in a Claim Form by regular mail, it must be postmarked on or before DATE, 2020. The deadline to file a Claim Form online is 11:59 p.m. EST on DATE, 2020. What are my Other Options? If you do not want to be legally bound by the Settlement, you must exclude yourself by DATE, 2020 by sending the Settlement Administrator a letter that complies with the procedure set forth in the Settlement and paragraph 11 of the Long Form Notice, available at the settlement website. If you do not exclude yourself, you can share in the Settlement Fund by completing and submitting a Claim Form, and you will release any claims you may have, as more fully described in the Settlement Agreement, available at the Settlement Website. Even though you submit a Claim Form, you may object to the Settlement by DATE, 2020 by complying with the objection procedures detailed in the Settlement. The Court will hold a Final Approval Hearing on DATE, 2020 to consider whether to approve the Settlement and a request for attorneys’ fees not to exceed one third of the Settlement Fund and reimbursement of expenses, and a request for a data security incident where an unauthorized individual accessed Convergent’s computer systems deployed tools to encrypt Convergent’s systems and access certain personally identifying information on or around June 17, 2022 (“Data Incident”). o Documented Ordinary Losses – Up to service award of $1,500 for documented out-of-pocket expenses fairly traceable 5,000 to the Data IncidentClass Representative. o Attested Time Spent – Reimbursement for up to 10 hours of lost time You may appear at a rate of $30 per hour for time spent remedying issues related to the Data Incidenthearing, either yourself or through an attorney hired by you, but you do not have to. o Documented Extraordinary Losses – Compensation for extraordinary losses resulting from the Data IncidentFor more information, up to $10,000. OR you can elect an Alternative Cash Payment – A pro rata (equal share) payment from the net Settlement Fund, which is $2,450,000 minus payment of costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $661,500, Service Awards of up to $1,500 each to the Representative Plaintiffs, and payments for claims for Ordinary Losses, Attested Time Spent, and Extraordinary Losses. Note that if the costs of the settlement exceed call the Settlement Fund, individuals selecting this option may not receive any paymentAdministrator or visit the Settlement Website.
Appears in 1 contract
Sources: Class Action Settlement Agreement