McKenzie et al. v. Allconnect, Inc.

No. 5:18-cv-00359-JMH (E.D. Ky.)

United States District Court for the Eastern District of Kentucky

Frequently Asked Questions

  1. Why did I receive the Notice?

    The Class Notice is provided pursuant to an order issued by the Court to inform you of the proposed Settlement and the Final Approval Hearing to be held by the Court to consider, among other things, (a) whether the Settlement is fair, reasonable and adequate and should be approved; and (b) Class Counsel’s request for Class Counsel Fees and Expenses and the Class Representatives’ request for a Service Award. The Class Notice explains the nature of the lawsuit, the general terms of the proposed Settlement (including the benefits available), and your legal rights and obligations. The Class Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses asserted in the Action.

  2. What is this lawsuit about?

    Plaintiffs in this matter claim that on or about February 14, 2018, Allconnect disclosed that it was the victim of a phishing attack resulting in the disclosure of 2017 W-2 Tax Forms (“Personal Data”) concerning individuals who work for or had worked for Allconnect (the “Data Breach”).

    Allconnect notified current and former employees of the Data Breach and offered two years of credit monitoring and identity protections services from AllClear ID (“AllClear ID Original Offering”).

    Plaintiffs claim that Allconnect did not adequately protect their personal information, and that they were injured as a result of the Data Breach. Allconnect denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated.

  3. Why is this a class action?

    In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. The Plaintiffs (the class representatives here), together with the people they represent, are called Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those people who timely exclude themselves from the Settlement Class. In this case, the Class Representatives are MetteKjistine McKenzie and Chastity Combs.

  4. Why is there a Settlement?

    The Court has not decided in favor of Plaintiffs or Allconnect. Instead, both sides agreed to a settlement. Settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to members of the Settlement Class. The Class Representatives and attorneys for the Settlement Class (“Settlement Class Counsel”) believe the Settlement is in the best interests of the Settlement Class Members.

  5. How do I know if I am part of the Settlement?

    You are included in the Settlement Class if you are a member of the following:

    All current and former Allconnect employees whose personally identifiable information was compromised as a result of the Data Breach.

    If you are not sure whether you are in the Class, or have any other questions about the Settlement, call the toll-free number, 1-866-681-0751. You also may write with questions to: ALLCONNECT SETTLEMENT c/o Settlement Administrator, 1500 John F Kennedy Blvd. C31, P.O. Box 58186, Philadelphia, PA 19102 or send an email to Info@AllconnectSettlement.com.

  6. What benefits does the Settlement provide?

    Allconnect will provide Settlement Class Members the following benefits under the Settlement: (1) a payment by check of $100, (2) coverage under AllClear ID’s identity theft protection plan for an additional period of five years; and (3) reimbursement of Economic Losses up to $4,000.00 per Settlement Class Member, which are: (a.) related to the Data Breach; (b.) not otherwise reimbursable by AllClear ID or another third party; (c.) supported by required documentation; and (d.) meets all requirements set forth in the Reimbursement Form and the Settlement Agreement.

    Complete details regarding the settlement benefits are available in the Settlement Agreement

    Settlement Class Members can enroll in the following AllClear ID credit monitoring and identity theft protection plan:

    Identity Theft Protection

    All Settlement Class Members who have not previously signed-up for the AllClear ID Original Offering are able to do so without affecting their rights under the Settlement Agreement. The deadline for enrolling in the Original Offering is April 6, 2020.

    The remaining Settlement Class Members who do not submit a timely request for exclusion from the Settlement Class shall have the option to sign-up for the five additional years of All Clear ID services offered by the Settlement (“Settlement Offering”). If a Settlement Class Member elects to utilize the Settlement Offering, he or she can make that election by October 17, 2019. If a Settlement Class Member elects to receive the Settlement Offering, he or she must activate the AllClear ID plan in accordance with the instructions provided.

    Any Settlement Class Member who already enrolled in the AllClear ID Original Offering will be automatically enrolled in the Settling Offering.

    Reimbursement of Documented Economic Losses.

    Any Settlement Class Member may submit one or more Claims for reimbursement for documented Economic Losses related to the Data Breach that have not been reimbursed by AllClear ID or other third parties, up to an aggregate total of $4,000.00 per Settlement Class Member, provided, however, that no Settlement Class Member may submit a Reimbursement Form unless said Settlement Class Member has first submitted a Reimbursement Claim to AllClear ID, AllClear ID has denied the claim, and said Settlement Class Member has exhausted AllClear ID’s claims process. Claims may be submitted electronically or in paper format. Any Settlement Class Member whose Reimbursement Claim to AllClear ID is rejected for failure to submit a claim within AllClear ID’s required time period may not submit a Claim for reimbursement under this process. If a Settlement Class Member submitted a timely Reimbursement Claim to AllClear ID and AllClear ID denied the claim for failure to provide sufficient supporting materials, then the loss may not be claimed for reimbursement hereunder.

    Settlement Class Members who wish to make a timely and properly supported Claim for reimbursement of Economic Losses related to the Data Breach must provide to the Settlement Administrator the information required to evaluate the claim, including: (a.) the Claimant’s name and current address; (b.) if applicable, a signed copy of IRS Form 14039 along with a statement under penalty of perjury that the form was submitted to the Internal Revenue Service; (c.) the bills or invoices documenting the amount of the Claim and proof that the bills or invoices were paid; (d.) documentation showing that the claim was submitted to AllClear ID, denied by AllClear ID, and that the AllClear ID claims process was exhausted; and (e.) a statement signed under penalty of perjury indicating that: (i) the Economic Losses claimed are fairly traceable to the Data Breach; and (ii) the total amount claimed has not been reimbursed by any other person or entity. Third-party documentation of Economic Losses is required to establish a Claim. Economic Losses that are compensated under this Agreement are those that are reasonable and customarily incurred when responding to the type of fraud or identity theft suffered by the Settlement Class Member from the Data Breach.

  7. Tell me more about reimbursement of economic costs.

    Any Settlement Class Member may submit one or more Claims for reimbursement for documented Economic Losses related to the Data Breach that have not been reimbursed by AllClear ID or other third parties, up to an aggregate total of $4,000.00 per Settlement Class Member, provided, however, that no Settlement Class Member may submit a Reimbursement Form unless said Settlement Class Member has first submitted a Reimbursement Claim to AllClear ID, AllClear ID has denied the claim, and said Settlement Class Member has exhausted AllClear ID’s claims process. Claims may be submitted electronically or in paper format. Any Settlement Class Member whose Reimbursement Claim to AllClear ID is rejected for failure to submit a claim within AllClear ID’s required time period may not submit a Claim for reimbursement under this process. If a Settlement Class Member submitted a timely Reimbursement Claim to AllClear ID and AllClear ID denied the claim for failure to provide sufficient supporting materials, then the loss may not be claimed for reimbursement hereunder.

    Settlement Class Members who wish to make a timely and properly supported Claim for reimbursement of Economic Losses related to the Data Breach must provide to the Settlement Administrator the information required to evaluate the claim, including: (a.) the Claimant’s name and current address; (b.) if applicable, a signed copy of IRS Form 14039 along with a statement under penalty of perjury that the form was submitted to the Internal Revenue Service; (c.) the bills or invoices documenting the amount of the Claim and proof that the bills or invoices were paid; (d.) documentation showing that the claim was submitted to AllClear ID, denied by AllClear ID, and that the AllClear ID claims process was exhausted; and (e.) a statement signed under penalty of perjury indicating that: (i) the Economic Losses claimed are fairly traceable to the Data Breach; and (ii) the total amount claimed has not been reimbursed by any other person or entity. Third-party documentation of Economic Losses is required to establish a Claim. Economic Losses that are compensated under this Agreement are those that are reasonable and customarily incurred when responding to the type of fraud or identity theft suffered by the Settlement Class Member from the Data Breach.

    For reimbursement of documented Economic Losses related to the Data Breach that have not been reimbursed by AllClear ID or other third party, up to an aggregate total of $4,000.00 in reimbursement per Settlement Class Member and a total of $500,000 for all Claims, you must complete and submit a Reimbursement Form(s) and provide documentation proving the economic costs as described above. Click HERE to go to the Reimbursement Form. For each Reimbursement Form, you must read the instructions carefully, fill out the form completely, attach the required documentation, and either submit the form and documentation through the Settlement Website, or mail the form postmarked no later than October 17, 2019, to:

    ALLCONNECT SETTLEMENT
    c/o Settlement Administrator
    1500 John F Kennedy Blvd. C31
    P.O. Box 58186
    Philadelphia, PA 19102

    If you have questions about how to file a claim, call 1-866-681-0751 or email Info@AllconnectSettlement.com

    If you file a timely and valid Reimbursement Form and submit required documentation, the Settlement Administrator will evaluate your claim to confirm your eligibility and calculate your payment amount. The Settlement Administrator will notify you of any deficiencies with respect to your claim, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your claim.

    Payments for valid claims will not be made until after the Settlement is finally approved and all appeals and other reviews have been exhausted.

  8. Tell me more about enrollment in AllClearID plan.

    Unless you were already enrolled in the AllClear ID Original Offering after the Data Breach, to receive the AllClear ID Settlement Offering from Allconnect, Settlement Class Members must submit an Election Form by mail or through the Settlement Website by October 17, 2019. The Settlement Administrator will notify you of any deficiencies with respect to your Election Form, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your entitlement to the AllClear ID plan.

    An Election Form is available HERE. Election Forms are also available by writing to the Settlement Administrator at ALLCONNECT SETTLEMENT c/o Settlement Administrator, 1500 John F Kennedy Blvd. C31, P.O. Box 58186, Philadelphia, PA 19102.

  9. How can I enroll in AllClearID plan?

    Unless you were already enrolled in the AllClear ID Original Offering after the Data Breach, to receive the AllClear ID Settlement Offering from Allconnect, Settlement Class Members must submit an Election Form by mail or through the Settlement Website by October 17, 2019. The Settlement Administrator will notify you of any deficiencies with respect to your Election Form, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your entitlement to the AllClear ID plan.

    An Election Form is available at www.ALLCONNECTSETTLEMENT.com or by calling 1-866-681-0751. Election Forms are also available by writing to the Settlement Administrator at ALLCONNECT SETTLEMENT c/o Settlement Administrator, 1500 John F Kennedy Blvd. C31, P.O. Box 58186, Philadelphia, PA 19102.

  10. How do I obtain reimbursement of economic costs related to the Data Breach?

    For reimbursement of documented Economic Losses related to the Data Breach that have not been reimbursed by AllClear ID or other third party, up to an aggregate total of $4,000.00 in reimbursement per Settlement Class Member and a total of $500,000 for all Claims, you must complete and submit a Reimbursement Form(s) and provide documentation proving the economic costs as described above. You can get the Reimbursement Form HERE. For each Reimbursement Form, you must read the instructions carefully, fill out the form completely, attach the required documentation, and either submit the form and documentation through the Settlement Website, or mail the form postmarked no later than October 28, 2021 or 2 years after the Settlement Effective Date, to:

    ALLCONNECT SETTLEMENT
    c/o Settlement Administrator
    1500 John F Kennedy Blvd. C31
    P.O. Box 58186
    Philadelphia, PA 19102

    If you have questions about how to file a claim, call 1-866-681-0751 or email Info@AllconnectSettlement.com

    If you file a timely and valid Reimbursement Form and submit required documentation, the Settlement Administrator will evaluate your claim to confirm your eligibility and calculate your payment amount. The Settlement Administrator will notify you of any deficiencies with respect to your claim, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your claim.

    Payments for valid claims will not be made until after the Settlement is finally approved and all appeals and other reviews have been exhausted.

  11. When will I receive my reimbursement payment under the Settlement?

    If you file a timely and valid Reimbursement Form and submit required documentation, the Settlement Administrator will evaluate your claim to confirm your eligibility and calculate your payment amount. The Settlement Administrator will notify you of any deficiencies with respect to your claim, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your claim.

    Payments for valid claims will not be made until after the Settlement is finally approved and all appeals and other reviews have been exhausted.

  12. What am I giving up as part of the Settlement?

    If you want to keep the right to sue or continue to sue Allconnect about the legal claims in this case, you must take steps to exclude yourself from the Settlement Class. Excluding yourself is also called “opting out” of the Settlement.

    If you exclude yourself, you cannot get anything from the Settlement. If you exclude yourself, you may not apply for any benefits under the proposed Settlement and you cannot object to the proposed Settlement.

    If you do not exclude yourself, you cannot sue later. Unless you exclude yourself, you give up the right to sue Allconnect for all of the claims that this proposed Settlement resolves.

  13. Do I have a lawyer in the case?

    Yes, you do have a lawyer in the case. The Court appointed the law firms of Cohen & Malad, LLP, Branstetter, Stranch, & Jennings, PLLC, and The Johnson Firm, to represent you and the Settlement Class. These firms are called “Settlement Class Counsel.” You will not be charged by these lawyers for their work on this case. If you want to be represented by your own lawyer, you may hire one at your own expense.

  14. How will the lawyers be paid?

    Class Counsel will ask the Court for Allconnect to pay for reasonable attorneys’ fees and expenses of up to $550,000.00, and Class Representative service awards not to exceed $3,500 each ($7,000.00 in total). The Court will decide the amount of attorneys’ fees, expenses, and service awards. Any attorneys’ fees, expenses, and service awards approved will be paid by Allconnect and will not reduce the benefits provided to you or the other Settlement Class Members under the proposed Settlement.

  15. What does it mean to exclude myself from the Settlement?

    If you want to keep the right to sue or continue to sue Allconnect about the legal claims in this case, you must take steps to exclude yourself from the Settlement Class. Excluding yourself is also called “opting out” of the Settlement.

  16. If I exclude myself, can I get anything from this Settlement?

    If you exclude yourself, you cannot get anything from the Settlement. If you exclude yourself, you may not apply for any benefits under the proposed Settlement and you cannot object to the proposed Settlement.

  17. If I do not exclude myself, can I sue later?

    If you do not exclude yourself, you cannot sue later. Unless you exclude yourself, you give up the right to sue Allconnect for all of the claims that this proposed Settlement resolves.

  18. How do I exclude myself from the Settlement?

    To exclude yourself from the proposed Settlement, you must timely submit, by U.S. Mail, written notice of your intent to opt-out of the Settlement to the Settlement Administrator’s designated address established for opt-outs. The written notice must clearly manifest your intent to be excluded from the Settlement Class in McKenzie et al. v. Allconnect, Inc., No. 5:18-cv-00359-JMH, and must be signed by you. You can only request exclusion for yourself: you cannot request to exclude any other member of the Settlement Class. Mass opt-outs are not permitted.

    To be effective, written notice must be postmarked by August 18, 2019, and mailed to:

    ALLCONNECT SETTLEMENT
    OPT OUT REQUESTS
    c/o Settlement Administrator
    1500 John F Kennedy Blvd. C31
    P.O. Box 58186
    Philadelphia, PA 19102

    You cannot ask to be excluded on the phone, by email, or on the website.

  19. How do I tell the Court if I do not like the Settlement?

    If you are a Settlement Class Member, you can object to or comment on the Settlement, Settlement Class Counsel’s request for attorneys’ fees and expenses, and/or the Settlement Class Representatives’ request for service awards. To object, you must state in writing that you object to the Settlement, and include the following information in your written objection:

    1. The name of the Action;
    2. Your full name, mailing address, telephone number, and e-mail address;
    3. A statement of the basis on which you claim to be a Settlement Class Member;
    4. A written statement of all grounds for your objection, accompanied by any legal support for the objection, and any evidence you wish to introduce in support of the objection;
    5. The identity of all counsel, if any, representing you, including any former or current counsel who may claim entitlement to compensation for any reason related to the objection to the Settlement or the Fee Application;
    6. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing and the identification of any counsel representing you who intends to appear at the Final Approval Hearing;
    7. A list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; and
    8. Your signature signed under oath and penalty of perjury or, if legally incapacitated, the signature of your duly authorized representative (along with documentation setting forth such legal incapacitation and representation) (an attorney’s signature is not sufficient).

    Failure to include this information may be grounds for the Court to disregard your objection.

    To submit an objection, send a letter the Court either by: (a.) mailing it to the Clerk of the Court, United States District Court for the Eastern District of Kentucky, United States Courthouse, 101 Barr Street, Lexington, KY 40507, or; (b.) filing the objection in person at any location of the United States District Court for the Eastern District of Kentucky. Mailed objections must be filed or postmarked on or before the Objection Deadline, which is August 18, 2019.

  20. What is the difference between objecting and asking to be excluded?

    You can object to the Settlement when you wish to remain a Settlement Class Member and be subject to the Settlement but disagree with some aspect of the Settlement. An objection allows your views to be heard in Court.

    Excluding yourself from the Settlement Class means that you are no longer a Settlement Class Member and do not want the Settlement to apply to you. Once you are excluded, you lose the right to receive any benefits from the Settlement or to object to any aspect of the Settlement because the case no longer affects you.

  21. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing at 1:30 P.M., on October 28, 2019, at the Lexington Courthouse, 101 Barr Street, Lexington, KY 40507. At the Final Approval 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 and expenses, and the service awards. If there are objections, the Court will consider them. After the Final Approval Hearing, the Court will decide whether to approve the proposed Settlement and how much to award to Class Counsel as fees and expenses, and the service awards.

    The Final Approval Hearing may be moved to a different date or time without additional notice, so it is recommended that you periodically check www.ALLCONNECTSETTLEMENT.com and the Court docket in this case through the Court’s Public Access to Electronic Records (PACER) system at https://ecf.nysd.uscourts.gov to confirm the date of the Final Approval Hearing.

  22. Do I have to come to the hearing?

    You do not have to attend the hearing. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you submit a written objection, you do not have to come to the Fairness Hearing to raise your objection. As long as you timely mailed your written objection, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but their attendance is not necessary.

  23. May I speak at the hearing?

    Yes, you may speak at the hearing. If you would like to do so, you must indicate your intent to personally appear and/or testify at the Final Approval Hearing, and identify any counsel representing you who intends to appear at the Final Approval Hearing, when providing written notice of your objection as noted in Question 21 above regarding how to object to the Settlement. You cannot speak at the hearing if you exclude yourself from the Settlement.

  24. What happens if I do nothing at all?

    If you are a Settlement Class Member and you do nothing, you will be legally bound by the Settlement, and you will receive a direct cash payment by check of $100, but you will not receive the AllClear ID Settlement Offering (unless you previously enrolled in the Original Offering after the Data Breach), or reimbursement for Economic Losses related to the Data Breach. You will not be able to bring a lawsuit, continue a lawsuit, or be a part of any other lawsuit against Allconnect about the claims in this case.

  25. How do I get more information about the proposed Settlement?

    More details are included in the Settlement Agreement.

    You also may write with questions to the Settlement Administrator, via mail to: ALLCONNECT SETTLEMENT c/o Settlement Administrator, 1500 John F Kennedy Blvd. C31, P.O. Box 58186, Philadelphia, PA 19102

    You may send an email with your questions to Info@AllconnectSettlement.com

    The notice summarizes the proposed settlement reached in a lawsuit entitled McKenzie et al. v. Allconnect, Inc., No. 5:18-cv-00359-JMH (E.D. Ky.), pending in the United States Federal District Court, Eastern District of Kentucky (“Lawsuit”). For the precise terms and conditions of the settlement, please see the Settlement Agreement, contact the Settlement Administrator via phone at 1-866-681-0751, via email at Info@AllconnectSettlement.com or by mail at: ALLCONNECT SETTLEMENT c/o Settlement Administrator, 1500 John F Kennedy Blvd. C31, P.O. Box 58186, Philadelphia, PA 19102, access the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.nysd.uscourts.gov, or visit the office of the Clerk of the Court for the United States District Court for the Eastern District of Kentucky, United States Courthouse, 101 Barr Street, Lexington, KY 40507 between 8:30 a.m. and 5:00 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.