• A settlement has been reached in a class action lawsuit filed against Knox College, Inc. (the “Defendant”) regarding a security breach of their IT system (the “Data Incident”) that occurred in approximately November 2022, when an unauthorized party accessed its computer system which contained names, dates of birth, addresses, driver’s license numbers, passport numbers, and Social Security numbers (“Private Information”) of some current and former students, applicants, and family members of students and applicants.
• On January 20, 2023, Jane Doe (the “Plaintiff”) filed a Class Action Complaint against the Defendant in the United States District Court for the Central District of Illinois, Case No. 4:23-cv-04012-SLD-JEH (“Doe Class Action”). On February 2, 2023, Rachael Morrissey filed a Complaint, and then a First Amended Class Action Complaint, against Defendant in the same Court, Case No. 4:23-cv-04019-SLD-JEH. On February 3, 2023, Le’Andra Mosley filed a Class Action Complaint against the Defendant in the same Court, Case No. 4:23-cv-04023-SLDS-JEH. These three actions were subsequently consolidated into the Doe Class Action. The consolidated Doe Class Action was voluntarily dismissed and Plaintiffs Jane Doe, Rachel Morrissey, Le’Andra Mosley, and Catherine Peck (“Plaintiffs” or “Settlement Class Representatives”) refiled a Class Action Complaint in the Circuit Court of Knox County, Illinois, Ninth Judicial District, Case No. 2023LA9 (“Litigation”). Defendant and Plaintiffs in the Litigation are collectively referred to herein as the “Parties.”
• Following arms-length negotiations, the Parties negotiated a settlement with the assistance of Hon. Morton Denlow (ret.) at a mediation on April 24, 2023, by which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the Litigation, including all claims Plaintiffs and Class Members have or may have had against Defendant and related persons and entities, as set forth herein.
• Class Members are eligible to receive the following relief: (1) compensation for Unreimbursed Economic Losses, up to a total of $2,500 per person, upon submission of a valid and timely Claim with supporting documentation, for unreimbursed monetary losses incurred as a result of the Data Incident; (2) compensation for up to four (4) hours of Lost Time, at $25.00/hour ($100.00 cap), for time spent mitigating the effects of the Data Incident - Claims for Lost Time can be combined with Claims for Unreimbursed Economic Loss but are subject to the $2,500.00 cap; and (3) three (3) years of one-bureau Credit Monitoring Services provided by Experian or other comparable provider, regardless of whether the Class Member submits a Claim for reimbursement of Unreimbursed Economic Losses or Lost Time. In the alternative to compensation for Unreimbursed Economic Losses, Lost Time, or Credit Monitoring, Class Members can elect to make a Claim for a $100 Alternative Cash Payment. To receive this benefit, Class Members must submit a timely and valid Claim Form. In the event that Approved Claims for Settlement Benefits (i.e., Credit Monitoring Services, Unreimbursed Economic Losses, Lost Time, and Alternative Cash Payments) exceeds the amount of the Net Settlement Fund, the amount to be paid for Approved Claims shall be reduced on a pro rata basis and paid in accordance with the terms and conditions in the Settlement Agreement. In the event the Net Settlement Fund exceeds the Approved Claims for Settlement Benefits (i.e., Credit Monitoring Services, Unreimbursed Economic Losses, Lost Time, and Alternative Cash Payments), then the Residual Funds shall be paid in accordance with the terms of the Settlement Agreement.
YOUR
LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
|
Submit
A Claim Form |
This
is the only way you may receive benefits from this Settlement. The Claims Deadline
is January 24, 2024. |
Exclude
Yourself from the settlement “Opt-Out” |
Get
out of the lawsuit and the settlement. This is the only option that allows
you to ever bring or join another lawsuit raising the same legal claims
against the Defendant. You will receive no payment or Credit Monitoring
Services under this settlement. The Opt-Out Deadline to exclude yourself from the settlement
is December 26, 2023. |
Object to the settlement |
Write
to the Court, with a copy to Class Counsel and Defendant’s Counsel, about any
aspect of the settlement you don’t like or you don’t think is fair, adequate,
or reasonable. (If you object to any aspect of the settlement, you must
submit a written objection and that objection must be received by the
Deadline. Your objection must follow the Objection Procedures stated herein). The deadline to object to the Settlement is December
26, 2023. |
Attend
the Final Approval Hearing |
You may ask the Court for
permission for you or your attorney to speak about your objection at the
Final Approval Hearing. (If you object to any aspect of the Settlement, you
must submit a written objection by the objection Deadline noted above. If you
Opt-Out of the settlement you cannot object.) The Final Approval Hearing will
be held on January 19, 2024. |
Do
Nothing |
If
you do nothing you will not receive any payment or the free Credit Monitoring
Services. You will have no right to sue the Defendant later for the claims
released by the Settlement. |