Matthew Pagoaga, et al., v. Stephens Institute d/b/a Academy of Art University

Case No. CGC 16-551952

Important Dates

March 14, 2020 - Deadline to File Online or Postmark Post-Deadline Claim Form (Out of Pocket Losses)

July 16, 2018 at 9:00 a.m. - Final Approval Hearing

TO: All current or former employees of Academy of Art University (“AAU”) whose identifying information was disclosed in a security incident announced by AAU in April 2016 (“the E-mail Security Incident”).

The NOTICE is to inform you of a proposed settlement in the class action lawsuit Matthew Pagoaga, et al., v. Stephens Institute d/b/a Academy of Art University, Case No. CGC 16-551952 (Superior Court of the State of California, County of San Francisco) and a court hearing regarding that Settlement that you may choose to attend. Your rights may be affected by the legal proceedings in this action. The Court will hold a hearing on July 16, 2018 at 9:00 a.m. to address whether the proposed Settlement should be approved (“Final Approval Hearing”).

If you receive the Notice then you are a “Settlement Class Member” because your information was disclosed in the E-mail Security Incident and you may be entitled to reimbursement for out-of-pocket losses and free credit monitoring services under this settlement. The Court still must decide whether to approve the settlement. No payments will be made until after the Court grants final approval of the settlement and all appeals, if any, are resolved.

The settlement relief includes:

  • Reimbursement for Out-of-Pocket Losses: AAU will reimburse settlement class members for documented out-of-pocket losses fairly traceable to the E-mail Security Incident, up to (i) $1,000 per individual for out-of-pocket losses not including the purchase of professional services, and in addition, (ii) $2,500 per individual for out-of-pocket losses consisting only of the purchase of professional services, including accountant and attorneys’ fees. Recovery under subsections (i) and (ii) are subject to an aggregate cap of $2,500 per individual (“Out-of-Pocket Losses”).
  • Three-Bureau Credit Monitoring Services: All settlement class members are also eligible to enroll in two (2) years of Experian’s “3B Credit Plus” credit monitoring services at no cost, regardless of whether you submit a claim for Out-of-Pocket Losses. This service includes daily credit monitoring of your credit file at all three major credit reporting agencies (Experian, Equifax, and TransUnion), a $1 million identity theft insurance policy, identity restoration services, and additional features discussed below (“Credit Monitoring Services”).
  • Identity Restoration Services: Regardless of whether you make a claim for Out-of-Pocket Losses or Credit Monitoring Services, all Settlement Class Members affected by the E-mail Security Incident will be eligible to take advantage of identity restoration services offered through Experian, including professional fraud resolution assistance to help with identity recovery and restoration in case you experience identity theft or fraud in the future (“Identity Restoration Services”).
  • Business Practices Changes: AAU has also agreed to make changes to its business practices, including implementing technical security barriers to limit the flow of fraudulent emails and maintaining an employee cybersecurity training program. These measures are intended to increase the security of employees’ personal information stored on AAU’s databases.

Your legal rights may be affected whether you act or do not act. Your options are summarized in the Notice. To review the full Settlement Agreement and other related documents or for more information, visit the Important Documents page.

Summary Of Your Options And Legal Rights In This Settlement

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Deadline

File a Post-Deadline claim for out-of-pocket losses

You must make a claim in order to receive reimbursement for Out-Of-Pocket Losses fairly traceable to the E-mail Security Incident incurred after the claim deadline.

If you incurred Out-of-Pocket Losses fairly traceable to the E-mail Security Incident after the June 16, 2018 claim filing deadline and provided you: (a) enrolled in the Experian credit monitoring services offered as part of this settlement prior to the Claims Deadline; and (b) you provide an attestation you have not obtained reimbursement for the claimed expense through other means. You can submit a claim for reimbursement of those losses.

For more detailed information, see FAQ 7 and FAQ 11.

Deadline:
March 14, 2020

File a claim for out-of-pocket losses

You must make a claim in order to receive reimbursement for Out-Of-Pocket Losses fairly traceable to the E-mail Security Incident. You may claim both Out-of-Pocket Losses and Credit Monitoring Services.

For more detailed information, see FAQ 7 and FAQ 11.

Deadline:
This Deadline has passed

File a claim for credit monitoring services

You must make a claim in order to receive the Credit Monitoring Services offered under the settlement.

For more detailed information, see FAQ 8 and FAQ 11.

Deadline:
This Deadline has passed

Access identity restoration services

You may access Identity Resolution Services using your enrollment number after the settlement becomes final, whether or not you make a claim for Out-of-Pocket Losses or Credit Monitoring Services.

For more detailed information, see FAQ 9.

No deadline

Exclude yourself

You can exclude yourself from the settlement by informing the Settlement Administrator that you want to “opt-out” of the settlement. If the settlement becomes final, this is the only option that allows you to retain your rights to separately sue AAU for claims related to the E-mail Security Incident. If you opt-out, you will not receive any benefits under this Settlement.

For more detailed information, see FAQ 17.

Deadline:
This Deadline has passed

Object

You may object to the settlement by writing to the Settlement Administrator and explaining why you don’t think the settlement, or any part of it, should be approved. If you object, you will remain a settlement class member, and if the settlement is approved, you will be eligible for the benefits of the settlement and give up your right to sue on certain claims described in the Settlement Agreement which is available by clicking here.

For more detailed information, see FAQ 18.

Deadline:
This Deadline has passed

Do nothing

If you do nothing, you will not be eligible to receive Credit Monitoring Services or reimbursement for Out-Of-Pocket Losses. You will be eligible to access identity restoration services through Experian. If the Settlement becomes final, you will give up your rights to sue separately AAU relating to the E-mail Security Incident.

No deadline



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