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The Court authorized this website to inform you about a proposed Settlement with MMC. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. This website explains the lawsuit, the Settlement, and your legal rights.
The case is called Reynolds et al. v. Marymount Manhattan College, Case No. 1:22-cv-06846-LGS.
Plaintiffs claim that Defendant failed to implement and maintain reasonable security measures to adequately protect the PII in its possession and to prevent the Data Incident from occurring.
Defendant denies that it is liable for the claims made in the lawsuit and deny any allegations of wrongdoing. More information about the complaint in the lawsuit can be found in the Settlement Agreement.
You are part of the Settlement as a Settlement Class Member if you received a notification letter from MMC stating that your personal information was or may have been compromised in the Data Incident.
Settlement Class Members will have been mailed notice of their eligibility. If you are still not sure whether you are included, you can contact the Settlement Administrator by calling 1-833-747-6767, by emailing [email protected], or by visiting the Contact page of this website.
This Settlement Class does not include (1) the judges presiding over this Action, and members of their direct families; (2) MMC, its subsidiaries, parent companies, successors, predecessors, and any entity in which MMC or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Settlement Class Members who submit a valid a Request for Exclusion prior to the Opt-Out Deadline.
Under the proposed Settlement, MMC will pay (or cause to be paid) $1,300,000 into a Settlement Fund. The Settlement Fund, plus interest accrued thereon, will pay Notice and Administration Expenses, Court-approved Fee Award and Costs, Court-approved Service Award Payments for Class Representatives, and certain Settlement Fund Taxes and Tax-Related Expenses (the “Net Settlement Fund”). The Net Settlement Fund will be used to provide eligible Settlement Class Members with payments and benefits described below.
Reimbursement for Lost Time and Ordinary Out-of-Pocket Losses: If you spent time responding to the Data Incident, you may be eligible to receive compensation for lost time. If you incurred financial losses that are fairly traceable to the Data Incident, you may be eligible to receive reimbursement for Ordinary Out-of-Pocket Losses.
Reimbursement of Extraordinary Out-of-Pocket Losses: In addition to a claim for Ordinary Out-of-Pocket Losses, you may file a Claim for reimbursement of Extraordinary Out-of-Pocket Losses. Losses qualify for reimbursement under this category if: (1) the loss is an actual, documented, and unreimbursed monetary loss; (2) the loss was more likely than not caused by the Data Incident; (3) the loss occurred on or after November 12, 2021; (4) the loss is not already covered by one or more of the normal reimbursement categories provided under this Settlement Agreement; and (5) the Settlement Class Member has made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of the benefits made available to the Settlement Class Member under any applicable credit card, credit monitoring/identity protection or financial service(s). Claims for Extraordinary Out-of-Pocket Losses are subject to a $7,500.00 cap.
Credit Monitoring: All Settlement Class Members are eligible to receive one (1) year of identity theft protection and credit monitoring, which includes identity theft monitoring, alerts, three bureau credit monitoring, fraud resolution, and up to $1 million identity theft insurance coverage for certain costs, identity restoration, and unauthorized electronic fund transfers.
Alternative Cash Payment: In lieu of filing a claim for reimbursement of Ordinary Out-of-Pocket Losses, Extraordinary Out-of-Pocket Losses, attested time, or for credit monitoring, all Settlement Class Members may file a claim for an alternative cash payment of $150.00. By filing a Claim for an Alternative Cash Payment, Settlement Class Members are giving up their right to file a Claim for any other benefits made available under this Settlement.
Confirmatory Discovery: Defendant has also agreed to provide documents and information to Class Counsel showing that MMC has taken data security measures to remedy the issues that led to the Data Incident and has implemented other business practices to help ensure information security. For complete details, please see the Settlement Agreement, whose terms control, at www.marymountsettlement.com.
To qualify for a Settlement benefit, you must complete and submit a Claim Form. Settlement Class Members who want to submit a Claim must fill out and submit a Claim Form on this website, or by mail to the Settlement Administrator. Claim Forms are available here or by calling 1-833-747-6767.
All Claim Forms must be submitted no later than August 15, 2023.
To date, Class Counsel has not received any payment for their services in conducting this litigation on behalf of the Class and have not been paid for their out-of-pocket expenses. Class Counsel will ask the Court for an award of attorneys’ fees not to exceed 30% of the Settlement Fund, and for the reimbursement of Litigation Costs and Expenses not to exceed $10,000, which were incurred in connection with the Action. Such sums as may be approved by the Court will be paid from the Settlement Fund.
Class Counsel will also request a Service Award Payment of $3,500 for each Class Representative to be paid from the Settlement Fund.
The Court will determine the proper amount of any Fee Award and Costs to award Class Counsel and the proper amount of any Service Award Payments to the Class Representatives.
Class Counsel will file their request for attorneys’ Fee Award and Costs and Service Award Payments for the Class Representatives with the Court, which will also be posted on the Documents section of this website.
You can ask to be excluded from the Settlement. To do so, you must send a written notification to the Settlement Administrator stating that you want to be excluded from the Settlement in Reynolds et al. v. Marymount Manhattan College, Case No. 1:22-cv-06846-LGS. Your written notification must include: (1) the name of the proceeding; (2) your full name and current address; (3) your signature; and (4) the words “Request for Exclusion” or a comparable statement that you not wish to participate in the Settlement at the top of the communication. You must mail your exclusion request, postmarked no later than August 15, 2023, to the following address:
You cannot exclude yourself by phone or email. Any individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.
If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not agree with any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must mail a written objection to the Settlement Administrator stating that you object to the Settlement in Reynolds et al. v. Marymount Manhattan College, Case No. 1:22-cv-06846-LGS. Your objection must be filed no later than August 15, 2023.
The objection must be in writing and be personally signed by you. The objection must include: (i) the name of the proceedings; (ii) your full name, current mailing address, and telephone number; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (v) the identity of any attorneys representing the objector; (vi) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear and/or wishes to be heard at the Final Approval Hearing; (vii) a list of all other matters in which the objecting Settlement Class Member and/or his/her attorney has lodged an objection to a class action settlement; and (viii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.
You must mail the objection to the Settlement Administrator at the address listed below, postmarked no later than August 15, 2023:
The Court will hold the Final Approval Hearing on October 4, 2023 at 3:30 p.m. ET. The conference will be telephonic and will take place on the following line: 888-363-4749; access code: 558-3333. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award Payments to Class Representatives.
The location, date and time of the Final Approval Hearing are subject to change by Court order. Any changes will be posted at this website, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.
Go to the Contact page on this website, call 1-833-747-6767, email [email protected] or write to Marymount Manhattan College Data Incident, c/o Kroll Settlement Administration, P.O. Box 5324, New York, NY 10150-5324.
PLEASE DO NOT CALL THE COURT, THE CLERK OF THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.