Key Terms to Know:

• • Data Breach: An incident exposing confidential information to unauthorized access, often through hacking or cyberattack.
  • Class Action: A lawsuit where one or more plaintiffs represent a whole group or “class” of people harmed in a similar way.
  • Negligence: The failure to exercise reasonable care, resulting in harm or injury to others.
  • Breach of Implied Contract: When a party violates an unwritten but understood agreement, like the obligation to safeguard sensitive data.
  • Consolidated Litigation: When multiple similar lawsuits are combined into one coordinated proceeding for efficiency.

Settlement at a Glance:

• • $2.7 million fund for class member relief
  • Different benefits based on whether your Social Security number was exposed
  • Cash payments and reimbursement for losses available
  • Great Expressions agrees to implement data security improvements
  • Class members give up right to sue separately over this data breach

Causes of Action Explained:

• • Negligence: The plaintiffs alleged that Great Expressions had a duty to protect patient and employee data, failed to take reasonable precautions, and thus enabled the breach.
  • Breach of Implied Contract: By providing Great Expressions with sensitive information, the plaintiffs argued an implied agreement existed to safeguard that data, which the company violated.
  • Declaratory & Injunctive Relief: The complaints asked the court to declare Great Expressions’ data security measures inadequate and order them to make improvements.
  • State Consumer Protection & Privacy Laws: Plaintiffs claimed the breach violated multiple states’ consumer protection statutes and data privacy regulations.
  • Note: The settlement resolves these claims and Great Expressions denies any wrongdoing, but the court never ruled on the merits.

SSN vs Non-SSN Subclasses:

• • The ~43,000 class members whose Social Security numbers were potentially exposed get additional relief because that puts them at higher risk of identity theft and fraud.
  • Non-SSN Subclass still benefits because sensitive medical and financial information alone can lead to phishing, increased spam, account takeover attempts, etc.
  • Both subclasses eligible for attested time payments for dealing with data breach notifications, updating account security, etc.
  • All 1.9 million class members benefit from Great Expressions’ agreement to invest in data security improvements to reduce risk of future incidents.
  • Dividing class based on SSN exposure allows settlement to efficiently provide more relief for those most at risk, while still compensating larger group.

Reimbursement Claim Examples:

• • Ordinary Losses: Costs of credit monitoring services, placing security freezes, bank fees from closing exposed accounts, long-distance charges to resolve fraud issues.
  • Extraordinary Losses: Unreimbursed fraudulent charges, costs of identity theft remediation services, legal fees to resolve new account fraud, lost wages from time off work to address ID theft.
  • Attested Time: Time calling bank or credit bureaus about exposed info, reviewing accounts for suspicious activity, updating login credentials and security settings, etc.
  • Required Proof: Provide reasonable documentation like receipts, bills, account statements, fraud reports to support claimed losses. For time, provide attestation detailing activities.
  • Fair & Objective: Settlement requires identity theft and fraud to occur after the breach and involve same type of info exposed, so only related losses covered.

Settlement Fund Allocation:

The $2.7 million non-reversionary fund will be allocated as follows:

• • Cash payments to SSN Subclass: up to $300,000 total
  • Ordinary loss and extraordinary loss reimbursements for SSN Subclass: up to $150,000 total
  • Attested time for Non-SSN Subclass: remaining funds after other payments (minimum $20/claimant, max $80)
  • Notice and administration costs: $928,254
  • Attorneys’ fees and expenses: up to $900,000 plus $25,000 expenses
  • Service awards to class representatives: $2,500 each

The Claims Process:

• • You should have received a unique ID by mail or email to file a claim as a verified class member.
  • You can make a claim for cash payment and/or attested time with a simple form and electronic signature.
  • To get reimbursed for losses, provide a description and documentation of expenses incurred like receipts, bills, account statements.
  • Claims must be submitted online or postmarked by mail no later than November 8, 2024.
  • An experienced claims administrator will review all claims and may request additional information or deny invalid claims.

Is This a Good Settlement?

• • $2.7 million non-reversionary fund means all money (after admin costs) goes to class members – Great Expressions won’t keep anything
  • Wide range of benefits – cash, reimbursements, and security commitments – aims to address different harms class members may have experienced
  • Varied compensation based on SSN exposure recognizes different risk levels while still providing relief to all class members
  • Allows claims for hard-to-quantify time/effort dealing with breach – many settlements don’t – to compensate for lost productivity
  • Great Expressions agrees to security improvements – injunctive relief – to help prevent future incidents, not just throw money at the problem

If You Disagree with the Settlement:

• • You have the right to object to any aspect of the settlement you don’t agree with – the benefits, the amounts, the claims process, the fees, etc.
  • Your written objection must be postmarked by October 11, 2024 and include your name, address, the basis for your objection, if you plan to appear at the final hearing, and your signature.
  • The court will consider the substance of your objection, but simply objecting does not mean the settlement will be rejected. It must be fair, reasonable and adequate as a whole.
  • If you want to preserve your right to sue Great Expressions independently over this data breach, you must exclude yourself from the settlement class by October 11, 2024.
  • Excluding yourself means you cannot receive any benefits from this settlement. Consider consulting an attorney about your individual case value before opting out.

The Scope of Released Claims:

• • Any claims related to the Great Expressions data security incident and alleged exposure of class members’ personal info
  • Includes claims under consumer protection laws, state privacy statutes, negligence, breach of contract, and other common law theories
  • Covers claims for damages (monetary relief), injunctive relief (court orders to do or not do something), declaratory relief (a ruling of rights), etc.
  • Applies to claims that were or could have been asserted, whether actually raised in the complaints or not, based on the alleged facts
  • Gives the release the broadest possible scope and effect to achieve global resolution for the defendants

Why Is a Release Required?

• • The release is the consideration class members provide in exchange for the settlement benefits – it’s a contractual bargain
  • It provides the defendants “global peace” and a definitive end to legal exposure from the data breach, allowing them to move forward
  • Gives the defendants an incentive to settle by ensuring no further lawsuits, rather than fighting it out in court
  • Typical in class action settlements because they resolve many individual claims at once – a release is inherently part of the deal
  • The breadth of the release is proportional to the breadth of the settlement benefits, which aim to compensate all class members comprehensively

How to Evaluate If the Release Is Worth It for You:

• • Consider the benefits of a certain settlement recovery now vs. the gamble of an individual lawsuit later on your own dime
  • Weigh the strength of your potential individual case based on your actual documented losses and ability to prove legal claims
  • Compare your likely individual outcome to the settlement benefits you’re eligible for – especially since all settlement money goes to class members
  • Factor in how long individual litigation could take vs. getting compensated through settlement in the near term once it’s approved
  • Consult an attorney if needed to assess your individual case strength vs. the value of the settlement benefits and the risk of going it alone

What to Expect at the Final Approval Hearing:

• • The judge will consider whether the settlement is fair, reasonable and adequate for the class as a whole based on factors like the deal reached, the strength of the case, and the risks of proceeding further
  • Class members who filed written objections can appear and ask to speak, but it’s not required – the judge will still consider the substance of their submissions
  • The judge will hear arguments on the requested attorneys’ fees (up to 33% of the fund), expenses, and service awards to evaluate their reasonableness
  • After weighing the big picture of the settlement terms, the judge will decide whether to grant final approval – if so, the effective date triggers funding and payout process
  • If any class member appeals the court’s decision to approve the settlement, that could delay the effective date and thus the claims payments – but most settlements are upheld on appeal

Putting the Settlement in Perspective:

• • $2.7 million non-reversionary fund is significant considering case involved no confirmed identity theft or fraud losses to date – recovery aims to help prevent future harm
  • Typical data breach settlements provide only credit monitoring or small capped reimbursement funds – direct cash payments to all SSN class members go above that
  • Great Expressions committing to security practice improvements is a key term to help protect class members’ data long-term, apart from just monetary relief
  • Avoiding the risk, cost and delay of drawn-out litigation is valuable, especially with novel legal issues around what harm from a data breach is recoverable
  • Class members still have the choice to opt out and go it alone if they believe their individual cases are worth more, but the settlement relief aims to comprehensively compensate the class

How to Get More Information:

• • Visit the official settlement website at www.greatexpressionsdatasettlement.com for updates, key dates and online filing
  • Call the settlement administrator at (833) 522-2678 for questions about filing claims or the approval process
  • Contact the class counsel listed in the detailed notice if you need help understanding your rights and options
  • Access the court docket via Public Access to Court Electronic Records (PACER) for the key filings and orders in the case
  • Consult your own attorney for an individualized assessment if you’re unsure whether to participate in the settlement or go your own way

Question #1: What’s the difference between the “SSN Subclass” and “Non-SSN Subclass” in terms of relief?

• A) SSN Subclass gets cash payments, loss reimbursements, and time compensation; Non-SSN only gets time payments
• B) Non-SSN Subclass is eligible for more relief since their data was less sensitive
• C) The two subclasses get the exact same benefits, just split into different groups
• D) SSN Subclass can file claims but Non-SSN Subclass is automatically sent payments without filing

Question #2: What’s the maximum a single class member could get under this settlement?

• A) $500
• B) $1,000
• C) $5,000
• D) Over $5,500 if in the SSN Subclass

Question #3: How do you get the cash payment of up to $500?

• A) File a claim with basic info if you’re in the SSN Subclass
• B) Submit documentation proving $500 in losses first
• C) Get automatically sent a check without filing a claim
• D) It’s only available to people who file a claim and then ask to speak at the final hearing

Question #4: What expenses count as “ordinary out-of-pocket losses” you can be reimbursed for?

• A) Cost of credit monitoring and identity theft protection
• B) Losses from confirmed identity fraud like unauthorized charges
• C) Fees for freezing/unfreezing credit reports after breach announcement
• D) Both A and C

Answers:

1. A) The SSN Subclass is eligible for additional benefits like cash payments and loss reimbursements because exposure of Social Security numbers enables more harm. Non-SSN Subclass still gets time compensation.
2. D) An SSN Subclass member could get up to $500 cash, up to $500 for ordinary losses, up to $5000 for extraordinary losses, and $40 for time – potentially over $5500 if they qualify for all categories.
3. A) To get the cash payment, you just need to file a simple claim affirming you’re in the SSN Subclass. No proof of loss required for that benefit.
4. D) Expenses like credit monitoring costs and fees for credit freezes/unfreezes in the wake of the breach announcement are examples of “ordinary losses” the settlement will reimburse up to $500 each.

• • Q: What’s the deadline to file a claim for settlement benefits?
    • A: The deadline to file a valid claim form is November 8, 2024.
  • Q: Do I need a lawyer to file a claim?
    • A: No, you can file a claim on your own – but consult the FAQs or class counsel if you have questions.
  • Q: How will I get my settlement payment?
    • A: You can choose between a check and various digital payment options on the claim form.
  • Q: When will settlement payments go out?
    • A: Within 60 days of the settlement effective date or 30 days after your claim is approved, whichever is later.
  • Q: What happens if I do nothing?
    • A: If you neither file a claim nor exclude yourself, you won’t get settlement benefits but will still be bound by the release of claims against Great Expressions.