1. Why is there a notice?
2. What is this lawsuit about?
3. Why is this lawsuit a class action?
4. Why is there a settlement?
5. How do I know if I am part of the Settlement?
6. What if I am not sure whether I am included in the Settlement?
7. What does the Settlement provide?
8. What payments are available for reimbursement under the Settlement?
9. How do I get a benefit?
10. How will claims be decided?
11. When will I get my payment?
12. What am I giving up as part of the Settlement?
13. If I exclude myself, can I get a payment from this Settlement?
14. If I do not exclude myself, can I sue Defendant for the same thing later?
15. How do I exclude myself from the Settlement?
16. How do I tell the court that I do not like the Settlement?
17. What is the difference between objecting and asking to be excluded?
18. Do I have a lawyer in this case?
19. How will the lawyers be paid?
20. When and where will the Court decide whether to approve the Settlement?
21. Do I have to attend the hearing?
22. May I speak at the hearing?
23. What happens if I do nothing?
24. How do I get more information?
The Court authorized a notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give “final approval” to the Settlement. The Notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.
Judge Angel Kelley, Judge in the United States District Court, District of Massachusetts, is overseeing this case captioned as In re Emmanuel College Data Security Incident, No. 1:24-CV-10314-AK. The people who brought the lawsuit are called the Plaintiffs. The Plaintiffs are Elizabeth Parchinskya, Grace Viviano, Brian Hamdan, Sopiya Shrestha, Casy Whalden, and Luck Millspaugh (“Plaintiffs”). The entity being sued is The Trustees of Emmanuel College, the Defendant.
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The lawsuit claims that Defendant is responsible for the Security Incident and asserts claims such as negligence, breach of implied contract, unjust enrichment, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, and declaratory judgment and injunctive relief.
Defendant denies these claims and that it did anything wrong. No court or other judicial entity has made judgement, finding, or other determination that Defendant has any liability for these claims or did anything wrong.
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In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called class members. One court resolves the issues for all class members, except for those who exclude themselves from the class.
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The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agree to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Settlement Class (“Settlement Class Members”). The Class Representatives appointed to represent the Settlement Class and the attorneys for the Settlement Class (“Class Counsel,” see FAQ 18) think the Settlement is best for all Settlement Class Members.
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You are affected by the Settlement and potentially a member of the Settlement Class if you reside in the United States, and you were notified by Emmanuel College that your Personal Information was or may have been affected in the Data Security Incident. Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are (1) all persons who are employees, directors, officers, and agents of the defendant; (2) governmental entities; (3) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; and (4) Settlement Class Members who submit a valid request to be excluded from the Settlement.
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If you are not sure whether you are included in the Settlement, you may call (833)-296-0718 with questions. You may also write with questions to:
In re Emmanuel College Data Security Incident
c/o Settlement Administrator
P.O. Box 25188
Santa Ana, CA 92799
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The Settlement provides that Defendant will fund the following payments up to a total of $825,000.00: (a) documented losses of up to $5,000.00; and (b) pro rata cash payment up to a maximum of $350.00. The cash payments are subject to adjustments as set forth below. Separate and apart from the Cash Payment benefits, Settlement Class Members may also make a Claim for two years of Credit Monitoring at Defendant’s expense.
The Cash Payments will be dispersed after the distribution of attorneys’ fees, Class Counsel’s litigation expenses, Notice and Administrative Expenses, and other Settlement benefits of claimants. For purposes of calculating the amount of the increase or decrease, the Settlement Administrator must distribute the funds in the Net Settlement Fund first for payment of Credit Monitoring on its own exhausts the amount of the Net Settlement Fund, the length of the Credit Monitoring provided will be reduced as necessary to bring the cost within the Net Settlement Fund. Payment of (1) attorneys’ fees, costs, and expenses (see FAQ 19) and (2) the costs of notifying the Settlement Class and administering the Settlement will also be paid out of the Qualified Settlement Fund.
Also, as part of the Settlement, Defendant either has undertaken or will undertake certain reasonable steps to further secure its systems and environments.
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Settlement Class Members who submit a claim are eligible to receive the following:
Documented Loss Payment:
Reimbursement of actual, documented, unreimbursed losses resulting from the Security Incident (up to $5,000.00 in total), such as the following, incurred on or after April 21, 2023:
Any costs incurred from credit monitoring services or ordering copies of your credit report;
Late fees, declined payments fees, overdraft fees, returned check fees, customer service fees, and/or card cancellation or replacement fees;
Late fees from transactions with third parties that were delayed due to fraud or card replacement;
Unauthorized chargers on credit, debt, or other payment cards that were not reimbursed;
Parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;
Costs incurred obtaining credit freezes;
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; and,
Other expenses that are reasonably attributable to the Security Incident that were not reimbursed.
Pro Rata Cash Payment:
A pro rata cash payment up to a maximum of $350.00, which may be adjusted downward pro rata based on how many other claims are made.
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To receive a benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”), available for online filing here, by download here, or by calling (833) 296-0718. Claim forms will also be sent to Settlement Class Members as part of the postcard notice and tear-off claim form that will be mailed to Settlement Class Members, as well as by email for Settlement Class for which email addresses are provided. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.
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The Settlement Administrator, Simpluris, will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner, then the Claim will be considered invalid and will not be paid.
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The Court will hold a Final Approval Hearing on July 29, 2025, at 11:00 a.m. Eastern to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.
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The Defendant gets a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and other persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Security Incident. This release is described in the Settlement Agreement, which is available by clicking here. If you have any questions you can talk to the law firms listed in FAQ 18 for free or you can talk to your own lawyer.
If you do not want to be part of this Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class.
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No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.
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No. Unless you exclude yourself, you give up any right to sue Defendant (and any other 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 want to exclude yourself, do not submit a Claim Form to ask for any benefit under the Settlement.
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To Exclude yourself, you may submit a Request for Exclusion from the Settlement. To be valid, the Request for Exclusion must be postmarked or received by June 21, 2025.
The Request for Exclusion must be submitted, in writing, to the Settlement Administrator via US Mail to:
In re Emmanuel College Data Security Incident
c/o Settlement Administrator
P.O. Box 25188
Santa Ana, CA 92799
The Request for Exclusion must identify the case name In Re Emmanuel College Data Security Incident, Case Number 1:24-CV-10314-AK. The Request for Exclusion must also: a) state your name, address and telephone number; b) be physically signed by you; and c) must also contain a statement to the effect that they “hereby request to be excluded from the proposed Settlement Class in In Re Emmanuel College Data Security Incident, Case Number 1:24-CV-10314-AK.”
Any Person who elects to request exclusion from the Settlement Class shall not: (i) be bound by any orders or Judgement entered in the Action; (ii) be entitled to relief under this Agreement; (iii) gain any rights by virtue of this Agreement; or (iv) be entitled to object to any aspect of this Agreement. No Person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.
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You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision on whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, timely written notice of an objection in the appropriate form must be filed with or submitted to the Clerk of the Court on or before the Objection Deadline, June 21, 2025.
The address for the Clerk of Court is 1 Courthouse Way, Suite 2300 Boston, Massachusetts 02210.
Your objection must be written and must include all of the following: (i) the objector’s full name, address, telephone number, and email address (if any); (ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice or copy of original notice of the Security Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of all counsel representing the objector; (v) the identity of all counsel representing the objector who will appear at the Final Approval Hearing in support of the objector; (vi) a list of all Persons who will be called to testify at the Final Approval Hearing in support of the objection; (vii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation.
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Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment or benefit from the Settlement. If you exclude yourself, then you have no basis to object because you are no longer a member of the Settlement Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.
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Yes. The Court appointed David Lietz of Milberg Coleman Bryson Phillips Grossman, PLLC, Kevin Laukaitis of Laukaitis Law LLC, Daniel Srourian of Srourian Law Firm, P.C., Nikolas Hagman of Cafferty Clobes Meriwether & Sprengel LLP, and Carl Malmstrom of Wolf Haldenstein Adler Freeman & Hertz LLC. If you want to be represented by your own lawyer, then you may hire one at your own expense.
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Class Counsel will ask the Court for an award for attorneys’ fees up to one-third of the Qualified Settlement Fund ($275,000.00), plus reasonable litigation expenses. Defendant has not agreed to any award of attorneys’ fees, costs, and expenses up to those amounts, to the extent they are approved by the Court. Class Counsel will also seek services awards of $2,500 for each of the named Plaintiffs, subject to Court approval. Payment for any attorneys’ fees and expenses to Class Counsel and service awards will be made out of the Settlement Fund.
Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis. Any award for attorneys’ fees and expenses for Class Counsel and any Service Awards must be approved by the Court. The Court may award less than the amount requested. Class Counsel’s papers in support of final approval of the Settlement will be filed no later than July 22, 2025, and their application for attorneys’ fees, costs, and expenses will be filed no later than June 9, 2025, and will be posted on this website.
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The Court will hold a Final Approval Hearing at 11:00 a.m. Eastern on July 29, 2025, at the United States District Court, District of Massachusetts courthouse, or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees, reasonable costs and expenses, and any service awards. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this website for updates or calling (833) 296-0718.
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No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 16, the Court will consider it.
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You may ask the Court for permission to speak at the final approval hearing. To do so, you must file an objection according to the instructions in FAQ 16, including all the information required. Your objection must be filed with or submitted to the Clerk of the Court no later than June 21, 2025. See FAQ 16 for further details on the requirements for submitting an objection to the Settlement.
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If you do nothing you will not get any money from this Settlement. If the Settlement is granted final approval and the judgement becomes final, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant and the other Released Parties based on any of the Released Claims related to the Security Incident , ever again.
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This website and the Notice summarize the proposed Settlement. More Details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available here. You may also call the Settlement Administrator with questions or to receive a Claim Form at (833) 296-0718.
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