DEADLINE TO REGISTER TO RECEIVE BENEFITS – MAY 1, 2012
(If you do not have a computer or cannot use a computer, call 1-855-205-6935)
|The only way you may get the benefits from this settlement|
|Exclude Yourself||Get no benefits, but you may retain your own lawyer and file your own lawsuit.|
|Go To A Hearing||Ask to speak in Court about the fairness of the settlement or attorneys’ fees|
|Do Nothing||Get no benefits and give up your rights to sue the University of Hawai‘i about the legal claims in this case|
Timetables and Deadlines:
|March 30, 2012||Class||Deadline for filing written objections to settlement and/or requests for attorneys’ fees and costs|
|March 30, 2012||Class||Deadline to Exclude Yourself|
|April 11, 2012, 10:00 am||Court||Final Fairness Hearing|
|May 1, 2012||Class||Deadline to register to receive benefits|
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
A Court authorized this Notice. This Notice informs you about all of your rights and options before the Court decides whether or not to give “final approval” to the settlement. This notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who may be eligible for those benefits, how to get them, and the deadlines that must be followed.
Judge Patrick W. Border of the First Circuit Court is overseeing this class action. The case is known as Gross v. University of Hawai‘i, Circuit Court Civil No. 11-1-1217-06 PWB. The person who sued is called the “Plaintiff”, and the entity that he sued, the University of Hawaii, is called “University of Hawai‘i” or the “Defendant.”
2. What is this lawsuit about?
The University of Hawai‘i may have released Private Information on or about April 2009 (Kapiolani Community College), May 2010 (Honolulu Community College), June 2010 (University of Hawai‘i at Manoa), October 2010 (University of Hawai‘i at West Oahu), and June 2011 (Kapiolani Community College) involving potentially more than 90,000 individuals. The Private Information included for some individuals names, Social Security numbers, home addresses, telephone numbers, credit card information, and other information.
The lawsuit alleges that the University of Hawai‘i did not adequately protect the Private Information. The University of Hawai‘i denies all of the claims and says that it did nothing wrong.
While the University of Hawai‘i denies all of the Plaintiffs’ allegations it has decided to settle the lawsuit to provide the free benefits to Class Members described in this notice. The cost to the University of Hawai‘i to provide the free benefits is approximately $550,000 plus attorneys' fees and costs.
3. Why is this a class action?
In a class action, a “Representative Plaintiff” (in this case, Philippe Gross) sued on behalf of people who have similar claims. All of these people are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who timely exclude themselves or opt-out of the Class.
4. Why is there a settlement?
The Court did not decide in favor of Plaintiff, Class Members, or the Defendant. Instead, both sides agreed to settle this case to avoid the cost and risk of trial. The settlement does not mean that any law was broken or that the Defendant did anything wrong. The Defendant denies all legal claims in this case. The Representative Plaintiffs and their lawyers think the settlement is best for all Class Members.
WHO IS IN THE SETTLEMENT
To see if you will be affected by this settlement or if you can get benefits from it, you first have to determine if you are a Class Member.
5. How do I know if I am a part of the settlement?
You are part of this settlement if you previously received a letter/e-mail, or other communication from the University of Hawai‘i notifying you that your Private Information was or may have been involved in one of the five University of Hawai‘i security breaches. It is possible though that such a letter or communication was sent to you but you never received it because you had moved or because the University of Hawaii did not have your current address. You are also a part of this settlement if you received a notice in the mail recently informing you that you are part of this settlement and providing you a membership id to go online and apply for free benefits.
If you did not receive a notice with your membership id in the mail by March 1, 2012, but believe you are a member of the class, please call 1-855-205-6935. Even if you did not receive a member id in the mail, you may still be able to get free settlement benefits if you are member of the class.
6. If my information was included in any of the breaches, does that mean that my identity was stolen?
No. However, one of the benefits available to all Class Members is two years Continuous Credit Monitoring, which will notify you of any unauthorized activity in your credit file. If that occurs, the entity hired to protect you, Kroll, has Licensed Investigators to assist you in restoring your credit or identity to pre-theft status. Kroll is one of America's leading companies helping individuals with identity theft problems.
7. Are there exceptions to being included?
Yes. The following persons are not included in the settlement: The University of Hawai‘i and its officers and directors; shareholders and employees of the law firm of Starn O’Toole Marcus & Fisher; the Court presiding over any motion to approve this settlement; and anyone who timely requests to be excluded or opt-out of the Class (see Excluding Yourself from the Settlement below).
8. What if I am not sure whether I am included in the settlement?
If you are not sure whether or not you are in the Class, call the toll-free number, 1-1-855-205-6935.
THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY
9. What does the settlement provide?
The Settlement provides the following benefits:
Eligible Class Members will, for two full years, receive Continuous Credit Monitoring Services, Call Center, Consultation Services, and Restoration services. However, if the Court does not approve the settlement, there will be no benefits.
10. Tell me more about the Call Center and Consultation Services
Eligible Class Members will be offered access to Kroll’s Support Solution Center with a toll free telephone number or a TTY telephone number. The Support Solution Center will provide eligible Class Members with U.S. based customer service representatives trained to handle breach events, service questions and provide access to an investigator. The service representatives will be available to answer questions. Should you believe you have an identity theft issue, you will be “transferred” to a Kroll Licensed Investigator who will help determine if you have been a victim of identity theft. Areas with which the investigator will assist Class Members, in addition to credit related issues, include, but are not limited to other areas of fraud relating to driver’s licenses, tax fraud, check fraud, medical identity theft, rental property, and utility accounts.
Consultation services can be utilized by all eligible Class Members to minimize risk and place extra precautions, regardless of whether or not they are victims of identity theft. Consultation includes not only best practice information but also the investigation of potentially fraudulent activity, and is provided both before and after an identity theft event.
11. Tell me more about the Continuous Credit Monitoring services.
All Class Members who register online are eligible to receive two (2) years of one bureau credit monitoring services. Kroll’s Licensed Investigators will also assist Class Members in getting copies of free credit reports. In addition, if you do not have a computer or are disabled so that you cannot use a computer, you can call 1-855-205-6935 to get information about how to register by mail and receive continuous credit monitoring by mail.
Eligible Class Members will have access to Kroll’s Continuous Credit Monitoring service which will conduct continuous daily credit monitoring. Continuous Credit Monitoring will notify the Class Member of activity, including new: inquiries, trade-lines, derogatory notices, public records, and changes of address. Eligible Class Members who believe unauthorized activity has taken place can call Kroll’s Support Solution Center so they can be connected to a Licensed Investigator (see Restoration section) to help determine if they are experiencing an identity theft issue. “Non-activity” notifications are sent to confirm there have been no alterations with their credit file.
Kroll will provide a standard package of services to Class Members affected by a data loss event. In cases where those affected by the event are unable to receive credit services (i.e. deceased, minors, expatriates, and foreign nationals), Kroll enrolls, notifies, and provides call center access, consultation and restoration services to this group. Kroll will not charge any additional fees for this service.
Class Members will have access to Kroll’s online enrollment for approximately 75 days following mailing. Kroll will not up-sell Class Members any additional services or attempt to sell credit reports or scores. Kroll will not sell any service of any kind to the Class Members. THE FINAL DATE FOR SIGNING UP FOR SERVICES IS MAY 1, 2012. IF YOU DO NOT SIGN UP BY THAT DATE, YOU WILL NOT BE ABLE TO RECEIVE SERVICES.
12. Tell me more about Identity Restoration Services.
Identity Restoration services will be performed on behalf of the eligible Class Member. The eligible Class Member is assigned one of Kroll’s Licensed Investigators (“Investigator”). Restoration includes: investigation of emergent and potentially complicated trails of fraudulent activity; making phone calls; contacting credit bureaus; interacting with affected financial institutions and credit card companies; and preparing appropriate documentation. Restoration-level investigation further examines both credit and non-credit components and may extend to the search of criminal data at federal and state levels, banking and postal records, certain “watch lists” known primarily to the security industry, and other sources of fraud indicators.
Investigators assist with any type of problem, not just credit related. Investigators will also assist with determining the need for fraud alerts or a credit freeze and act on behalf of the Class Member to restore their identity to pre-theft status. Investigators are full-time employees who undergo extensive and rigorous training and background screening before hiring; take the state exam to become licensed as an Investigator; and undergo a criminal check, fingerprint analysis by the Tennessee Bureau of Investigation and FBI.
HOW TO GET BENEFITS
13. How do I sign up for the Credit Monitoring Service?
To enroll in two-years of the Continuous Credit Monitoring services please go to www.idintegrity.com to register. if you do not have a computer or are disabled so that you cannot use a computer, you can call 1-855-205-6935 to get information about how to register by mail and receive free continuous credit monitoring by mail.
The deadline to subscribe for the credit monitoring is May 1, 2012. IF YOU DO NOT SIGN UP BY THAT DATE, YOU WILL NOT BE ABLE TO RECEIVE ANY FREE SERVICES. If you have questions on how to subscribe, you may view the instructions available at the www.idintegrity.com website or call the toll free number 1-855-205-6935.
14. How do I get a Call Center and Consultation Service?
The eligible Class Member will automatically be enrolled for Call Center and Consultation Services upon signing up for the Credit Monitoring Service; but your receiving these services is contingent on the courts final approval. However, if the Court does not approve the settlement, there will be no benefits.
15. When and how will I get my Restoration Services?
The eligible Class Member will automatically be enrolled for Restoration Services upon signing up for the Continuous Credit Monitoring service; but your receiving these services is contingent on the courts final approval. However, if the Court does not approve the settlement, there will be no benefits.
16. What if I disagree with the services I am being given?
If you are not satisfied with the Kroll service and Kroll is unable to resolve your complaint, you may contact class counsel at info@UHDataBreachLawsuit.com.
17. What am I giving up as part of the settlement?
In exchange for accepting the benefits, you will be releasing the Defendant— University of Hawai'i and all related people and entities-- from all of the claims described and identified in the Settlement Agreement. This means you will no longer be able to sue the Defendant regarding any of the claims described in the Settlement Agreement.
The Settlement Agreement is available at www.UHDataBreachLawsuit.com. The Settlement Agreement provides more detail regarding the release and describes the released claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Class (see below) for free or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want to participate in this proposed settlement and you want to keep the right to sue the Defendant about the legal issues in this case, then you must take steps to get out of the settlement. This is called asking to be excluded from or sometimes called “opting-out” of the Class.
18. If I exclude myself, can I get anything from this settlement?
No. If you exclude yourself, you may not apply for any benefits under the proposed settlement and you cannot object to the proposed settlement. However, if you ask to be excluded, you may sue, continue to sue, or be part of a different lawsuit against the Defendant in the future. You will not be bound by anything that happens in this lawsuit.
19. If I do not exclude myself, can I sue later?
No. Unless you exclude yourself, you give up the right to sue the Defendant-- —the University of Hawaii and all related people and entities-- for all of the claims that this proposed settlement resolves. You must exclude yourself from this Class to start your own lawsuit, continue with a lawsuit, or be part of any other lawsuit relating to the claims in this case.
20. How do I exclude myself from the settlement?
To exclude yourself from the proposed settlement, you must send a letter or other written document by mail clearly stating that you want to be excluded from Gross v. University of Hawai‘i. Be sure to include your full name, address, signature, and date. You must mail your request for exclusion so that it is postmarked by March 30, 2012 to:
Clerk of the Court
Circuit Court of the First Circuit,
777 Punchbowl Street,
Honolulu, HI. 96813
All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class (“Opt-Outs”) shall not receive any benefits of, nor be bound by the terms of the Settlement Agreement.
THE LAWYERS REPRESENTING YOU
21. Do I have a lawyer in the case?
The Court appointed Thomas R. Grande, Esq. of Honolulu, Hawai‘i (808) 521-7500 and Bruce F. Sherman, Esq., of Honolulu, Hawai‘i, (808) 221-0901, as “Co-Lead Settlement Class Counsel” to represent you and other Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.
22. How will the lawyers be paid?
Class Counsel will ask the Court for attorneys’ fees of $150,000 and reasonable costs and expenses not to exceed $2,500.00, including a $2,000.00 incentive payment to the class representative. The payment of attorneys’ fees, incentive awards, and reimbursement of costs and expenses awarded by the Court are in addition to all of the other benefits under the settlement and will be paid separately by The University of Hawai‘i.
OBJECTING TO THE SETTLEMENT
23. How do I tell the Court if I do not like the settlement?
You can object to the settlement if you do not like some part of it. You must give reasons why you think the Court should not approve the settlement. To object, send a letter to the three addresses below, saying that you object to the proposed settlement in Gross v. University of Hawaii, et al.
Be sure to include:
Mail the objection to each of the following three different places so that it is postmarked no later than March 30, 2012:
|Court||Class Counsel||Defendant’s Counsel|
|Clerk of the Circuit Court of the First Circuit
777 Punchbowl Street
Honolulu, HI 96813
|Thomas R. Grande
Grande Law Offices
Finance Factors Center
1164 Bishop Street, Ste 124-24
Honolulu, HI 96813
Starn O'Toole Marcus & Fisher
733 Bishop St., Suite 1900
Honolulu, Hawaii 96813
24. What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you cannot object to the settlement and you will not be eligible to apply for any benefits under the settlement because the case no longer affects you.
THE COURT’S FAIRNESS HEARING
25. When and where will the Court decide whether to approve the settlement?
The Court will hold a Fairness Hearing at 10:00 a.m., on April 11, 2012 at Circuit Court for the First Circuit, Kaahumanu Hale, 777 Punchbowl Street, Honolulu, Hawai‘i 96813. At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for attorneys’ fees, costs, and expenses, and the $2,000.00 incentive award to the Class Representative. If there are objections, the Court will consider them. After the Fairness Hearing, the Court will decide whether to approve the proposed settlement and how much to award to Class Counsel as fees, costs, and expenses and the $2,000.00 incentive award to the Class Representative. The Fairness Hearing may be moved to a different date or time without additional notice, so it is recommended that you periodically check www.UHDataBreachSettlement.com for updated information.
26. Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you send in a written objection, you do not have to come to the Fairness Hearing to talk about it. As long as you mailed your written objection on time, the Court will consider it. You also may pay your own lawyer to attend the Fairness Hearing, but their attendance is not necessary.
27. May I speak at the hearing?
To speak at the Fairness Hearing, you must send a letter or other written documents stating that it is your “Notice of Intention to Appear” in Gross v. University of Hawaii, et al. Circuit Court Civil No. 11-1-1217-06 PWB. Be sure to include your name, address, telephone number, and your signature. Please send your Notice of Intent to Appear postmarked no later than March 30, 2012, to the three addresses listed in Question 23, along with the following information:
You cannot speak at the hearing if you exclude yourself from the settlement.
IF YOU DO NOTHING
28. What happens if I do nothing at all?
If you are a Class Member and do nothing, that is do not sign up for benefits, you will not get benefits from this settlement. And, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant’s about the claims in this case, ever again.
GETTING MORE INFORMATION
29. How do I get more information about the proposed settlement?
This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement at www.UHDataBreachSettlement.com. You can get further instructions on that website. Or, if you received a mailed notice and a membership id you can sign up for benefits at_www.idintegrity.com. Or you can call Kroll at 1-855-205-6935.