In re: Afni, Inc. Data Breach Litigation

You received the notice because you may be a member of the Settlement Class eligible to receive benefits from a proposed settlement of the class action lawsuit In re: Afni, Inc. Data Breach Litigation, Cause No. 1:22-cv-01287 in the United States District Court for the Central District of Illinois (the “Lawsuit”). The Court overseeing the Lawsuit authorized the Notice to advise Settlement Class Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options you have in connection with that Settlement. 

The Lawsuit is a proposed class action lawsuit brought on behalf of all persons whose personally identifiable information was compromised as a result of the Data Incident, and who were sent written notices of the Data Incident by Afni.

In a class action, one or more representative plaintiffs bring a lawsuit for others who are alleged to have similar claims. Together, these people are the “class” and each individually is a “class member.” There are five Plaintiffs (or Representative Plaintiffs) in this case: Marian Caldwell Powell, Leniox Campbell, Leslie Green, Thomas Davis, and Nicole Prochnow.

The Plaintiffs in the Lawsuit, through their attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Plaintiffs and Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Plaintiffs’ claims or Afni’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive benefits from the Settlement. The Settlement does not mean that Afni did anything wrong, or that the Plaintiffs and the Settlement Class would or would not win the case if it were to go to trial.

The Settlement Class is defined as all persons to whom Afni provided notification that their personal information was exposed in the Data Incident that occurred on or about June 7, 2021.

Excluded from the Settlement Class are: (1) the judges presiding over the Lawsuit and their direct family members; (2) Settlement Class Members who submit a valid a Request for Exclusion prior to the Opt-Out Deadline; (3) Afni and its respective Officers and Directors; and (4) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contendere to any such charge.

Compensation for Unreimbursed Losses
The Settlement provides compensation for the following unreimbursed losses, up to a total of $5,000 per member of the Settlement Class:

1. Time Spent: Up to 4 hours of lost time at a rate of $25.00 per hour for time spent dealing with the Data Incident; and
2. Out-of-Pocket Expenses or Losses: Out-of-pocket expenses incurred as a result of the Data Incident, including: bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel, fees for credit June 7, 2021 through September 12, 2023, compensation for proven monetary loss, professional fees including attorneys’ fees, accountants’ fees, fees for credit repair services incurred as a result of the Data Incident, and other out-of-pocket losses reasonably incurred as a result of the Data Incident.

Compensation for lost time requires only an attestation that any claimed lost time was spent related to the Data Incident.

Compensation for unreimbursed losses (except for lost time), shall be paid only if: (1) the loss is an actual, documented,1 and unreimbursed monetary loss; (2) the loss was more likely than not caused by the Data Incident; and (3) the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

1. Credit Monitoring and Identity Theft Protection Services: Settlement Class Members who do not opt for the Alternative Cash Payment are eligible to receive two years of Credit Monitoring and Identity Theft Protection Services free of charge. The Credit Monitoring and Identity Theft Protection Services will be provided to all valid claimants who timely enroll in these services for a period of two years from the date of activation, including daily three-bureau credit monitoring with Equifax, Experian, and TransUnion; identity restoration services; and $1 million in identity theft insurance, among other features.

Alternative Cash Payment: As an alternative to a claim for Unreimbursed Losses, Lost Time, and/or Credit Monitoring, Settlement Class Members may also submit a claim to receive a pro rata cash payment from the Settlement Fund (“Alternative Cash Payment”). The amount of the Alternative Cash Payment will be calculated in accordance with the Settlement Agreement, which provides for a distribution of the Settlement Fund to first cover other costs and then distribute the remaining funds evenly amongst Settlement Class Members who elected to receive an Alternative Cash Payment.

1Self-prepared documents, such as handwritten receipts, are, by themselves, insufficient to receive reimbursement.

Settlement Class Members who do not validly exclude themselves from the Settlement will be bound by the Settlement Agreement and Release (“Settlement Agreement”), and any final judgment entered by the Court, and will give up their right to sue the Released Parties for the claims being resolved by the Settlement. 

The claims that are being released and the persons and entities being released from those claims are described in the Settlement Agreement. To view the Settlement Agreement, please visit the Important Documents section of this website.

If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement. However, if you want to obtain the benefits available to Settlement Class Members under the Settlement, you must complete and submit a Claim Form postmarked or submitted online by September 12, 2023. You may download a Paper Claim Form or submit an Online Claim Form on this website.

If you do not want to give up your right to sue the Released Parties related to the Data Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See FAQ 12 below for instructions on how to exclude yourself.

If you object to the settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and file a written objection in this case with the Court. (See FAQ 15 below.) If you object, you must still submit a claim if you want compensation for unreimbursed losses or credit monitoring services.
 

If you do nothing, you will get no benefit from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties related to the claims released by the Settlement.

You may complete the Online Claim Form on this website. You may also obtain a paper Claim Form  by downloading it from the Important Documents section of this website or by calling the claims administrator at 1-844-966-4924. If you choose to complete a paper Claim Form, you may either submit the completed and signed Claim Form and any supporting materials electronically on this website  or mail them to:

Afni Data Incident Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103

The Claims Administrator will initially decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to timely provide all required information will invalidate a claim and it will not be paid.

You must make a signed written request that (i) the name of the Lawsuit; (2) your full name and current address; (3) your personal signature; and (4) the words “Request for Exclusion” or a comparable statement that you do not wish to participate in the Settlement. You must send your request by August 14, 2023, to this address:

Afni Data Incident Claims Administrator
Attn: Exclusions
P.O. Box 58220
Philadelphia, PA 19102

No. If you exclude yourself, you will not be entitled to any Settlement benefits. However, you will also not be bound by any judgment in this Lawsuit.

No. Unless you exclude yourself, you give up any right to sue the Released Parties for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form requesting a benefit from this Settlement.

All Settlement Class Members who do not request exclusion from the Settlement Class have the right to object to the Settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement benefits will be sent out and the lawsuit will continue.

Any objection to the proposed Settlement must be in writing and it and any supporting papers must be filed with the Court and a copy mailed to Class Counsel and Afni’s Counsel at the addresses listed below.

Objections must be filed or postmarked no later than August 14, 2023.

To be considered by the Court, your objection must include: (a) the title of the case; (b) your name, address, and telephone number; (c) all legal and factual bases for your objection; (d) copies of any documents that you want the Court to consider; (e) whether your objection applies only to you, to a specific subset of the class, or to the entire class; (f) the name of any attorneys representing you; (g) whether you (or your attorney) intends to appear at the Final Approval Hearing; (h) a list of all other cases in which you and/or your attorney has objected to a class action settlement; and (i) your signature or your attorney’s signature.

Should you wish to appear at the Final Approval Hearing, you must so state, and must identify any documents or witnesses you intend to call on your behalf.

If you fail to object in this manner, you will be deemed to have waived and forfeited any and all rights you may have to appear separately and/or to object to the Settlement Agreement, and you shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions set forth in this paragraph. Without limiting the foregoing, any challenge to the Settlement Agreement, the Final Judgment and Order approving this Settlement Agreement, or the judgment to be entered upon final approval shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack.

No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person to make an objection; the Court will consider any written objections properly submitted pursuant to the instructions in FAQ 15. You or your own lawyer are welcome to attend the hearing at your expense, but you are not required to do so.

If the Court approves the Settlement, there may still be appeals. If an appeal is taken, it is possible the Settlement could be disapproved on appeal. We do not know how long this process may take.

If the Court does not approve the Settlement, there will be no Settlement benefits available to Settlement Class Members, Class Counsel, or the Plaintiffs, and the case will proceed as if no Settlement had been attempted.

The Court has appointed the following Class Counsel to represent the Settlement Class in this Lawsuit:

Ben Barnow
BARNOW AND ASSOCIATES, P.C.
205 West Randolph Street, Ste. 1630
Chicago, IL 60606

Gary M. Klinger
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Ste. 2100 
Chicago, IL 60606

Settlement Class Members will not be charged for the services of Class Counsel; Class Counsel will be paid by Afni out of the Settlement Fund, subject to Court approval. However, you may hire your own attorney at your own expense to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing.

Plaintiffs will seek an order from the Court requesting that attorneys’ fees be awarded to Class Counsel in the amount of no more than one-third of the Settlement Fund and may seek reimbursement of litigation costs and expenses in an amount not to exceed $30,000 (the “Class Counsel Payment”).

Plaintiffs will also seek an order from the Court requesting that Service Awards in the amount of $2,500 be awarded to each Representative Plaintiff for their time and effort expended on behalf of the Settlement Class in the Litigation.

If the Court awards the Class Counsel Payment or the Service Awards described above, the Court’s award(s) will not affect any benefits provided to Settlement Class Members or Plaintiffs.

For additional information, please visit the Important Documents  section of this website. You may also contact the Claims Administrator by mail, email or phone:

Mail:
Afni Data Incident Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103

Email:
Info@AfniDataIncidentSettlement.com

Phone:
1-844-966-4924

PLEASE DO NOT CONTACT THE COURT OR AFNI’S COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT.