Notice of Creative Services Data Security Incident Class Action Settlement
A Massachusetts federal court has authorized this Notice. This is not a solicitation from a lawyer. Please read this Notice carefully and completely.
THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.
Important Dates
This website summarizes the proposed settlement (“Settlement”) reached in a class action lawsuit against known as Kondo, et. al. v. Creative Services, Inc., 1:22-cv-10438-DJC (D. Mass.) pending in the District Court of Massachusetts. For the precise terms and conditions of the settlement, please see the Settlement Agreement and other court documents available on the Important Documents page or you may Contact the Settlement Administrator.
- A Settlement has been proposed in a class action lawsuit against Creative Services, Inc. (“CSI”), relating to a data security incident that CSI initially disclosed through consumer notifications in or around February 23, 2022 and February 25, 2022 (the “Data Security Incident”). The Data Security Incident occurred in November 2021 during which time cybercriminals may have copied without authorization files from servers under CSI’s custody or control. As a result, Personal Information of 165,210 of employees of CSI and its customers may have been obtained by cybercriminals. The Personal Information obtained may have included name, date of birth, Social Security number, financial account number, and/or driver’s license number. If your Personal Information may have been compromised as a result of the Data Security Incident, you are included in this Settlement as a member of the Settlement Class.
- Under the Settlement, CSI has agreed to establish a $1.2 million Settlement Fund to: (1) reimburse Class Members for up to $3,000 in Out-Of-Pocket Losses for documented unreimbursed loses; (2) compensate Class Members for Lost Time and Expense supported by attestation for up to 4 hours of lost time, at $25/hour, spent dealing the with Data Incident; and (3) provide Class Members with Credit Monitoring/ID Theft Protection Services for two years of 3-Bureau credit monitoring services that includes identity-theft protection insurance. The Settlement Fund will also be used to pay for the costs of the settlement administration, a court-approved Service Award for the named Plaintiffs, and the Fee Award and Costs. In addition, CSI has agreed to undertake certain remedial measures and enhanced security measures that they will continue to implement.
- Your legal rights will be affected whether you act or do not act.
| Your Legal Rights and Options in This Settlement: | |
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FILE A CLAIM FORM DEADLINE: AUGUST 10, 2023 |
Submitting a Claim Form is the only way that you can receive any of the Settlement Benefits provided by this Settlement, reimbursement for Out-of-Pocket Losses and/or Lost Time. A Settlement Class Member who submits a Claim Form is a “Participating Settlement Class Member.” If you submit a Claim Form, you will give up the right to sue CSI and certain related parties in a separate lawsuit about the legal claims this Settlement resolves. |
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EXCLUDE YOURSELF FROM THIS SETTLEMENT DEADLINE: JUNE 26, 2023 |
This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against CSI, or certain related parties, for the claims this Settlement resolves. If you exclude yourself, you will give up the right to receive any Settlement Benefits from this Settlement. |
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OBJECT TO OR COMMENT ON THE SETTLEMENT DEADLINE: JUNE 26, 2023 |
You may object to the Settlement by writing to the Court and informing it why you do not think the Settlement should be approved. You can also write the Court to provide comments or reasons why you support the Settlement. If you object, you may also file a Claim Form to receive Settlement Benefits, but you will give up the right to sue CSI in a separate lawsuit about the legal claims this Settlement resolves. |
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GO TO THE “FINAL APPROVAL” HEARING DATE: SEPTEMBER 7, 2023 |
You may attend the Final Approval Hearing where the Court may hear arguments concerning approval of the Settlement. If you wish to speak at the Final Approval Hearing, you must make a request to do so in your written objection or comment. You are not required to attend the Final Approval Hearing. |
| DO NOTHING | If you do nothing, you will not receive any of the monetary Settlement Benefits and you will give up your rights to sue CSI and certain related parties for the claims this Settlement resolves. |
- These rights and options—and the deadlines to exercise them—are explained in the Notice.
- The Court in charge of this case still has to decide whether to approve the Settlement. No Settlement Benefits or payments will be provided unless the Court approves the Settlement and it becomes final.