BASIC INFORMATION
You received the Notice because you have been identified as an individual impacted by the Data Breach, including all those who were sent a Notice of Data Breach on or about April 8, 2022. A similarly situated individual brought a proposed class action lawsuit against Southland in May 2022, alleging that Southland was negligent due to its data security practices. Southland denied the allegations and denied that it would be found liable. The parties have now reached a proposed settlement of the lawsuit.
A court authorized the Notice because you have a right to know about your rights under the proposed class action Settlement before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections and appeals are resolved, a Claims Administrator appointed by the Court will make the payments that the Settlement allows, and the pending legal claims against Southland will be released and dismissed.
This package explains the lawsuit, the Settlement, your rights, what benefits are available, who is eligible for them, and how to get them. The case is Tarrant v. Southland Holdings LLC, Case No. 067-333679-22, currently pending in the District Court for the 67th Judicial District, Tarrant County, Texas. The Honorable Don Cosby, District Court Judge, is in charge of this case.
This matter is a putative class action (the “Litigation”) arising from a Data Security Incident whereby a cybercriminal gained unauthorized access to certain of Southland’s computer systems and data resulting in potential access to allegedly sensitive personal information associated with current and former Southland customers. Southland is a holding company for multiple construction companies that, in the course of its business, collects personally identifiable information (“PII”) and protected health information (“PHI”) from its employees. The lawsuit asserts common law claims against Southland for alleged negligent data security practices, alleged breach of contract, and unjust enrichment.
Defendant denies any allegation of wrongdoing and denies that Plaintiff would prevail or be entitled to any relief should this matter proceed to be litigated.
In a class action one or more people called “Class Representatives” sue on behalf of themselves and other people who have similar claims. This group of people is called the “class,” and the people in the class are called “Settlement Class Members” or the “Settlement Class.” One court resolves the issues for all Settlement Class Members, except for people who exclude themselves from the class. The person who sued here is called the Plaintiff. The entity they sued—Southland—is called the Defendant.
The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to a Settlement. That way, they avoid the costs and risks of a trial, and Settlement Class Members can get benefits or compensation. The Class Representative and Class Counsel think the Settlement is in the best interest of the Settlement Class.
WHO IS IN THE SETTLEMENT?
The Settlement Class is defined as: “all persons Southland identified as being among those individuals impacted by the Data Breach, including all who were sent a notice of the Data Breach on or about April 8, 2022.”
There are approximately 11,499 Class Members.
Yes, the following are not included in the Settlement Class: any judge presiding over this matter and any members of their first-degree relatives, judicial staff, Southland’s officers, directors, and members, and persons who timely and validly request exclusion from the Settlement Class.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling the Claims Administrator, at 1-800-542-9873.
THE SETTLEMENT BENEFITS
Under the Settlement, Southland will provide: 1) 30 months of Credit Monitoring OR an Alternative Compensation of $35.00; OR 2) cash compensation for PII misused for fraudulent loan applications, for fraudulent credit card application, denial of funding due to flagged credit, or identity theft/fraudulent tax returns.
Settlement Class Members may file a claim for one or more of the following settlement benefits.
Credit Monitoring. Southland will extend the time for Settlement Class members to enroll in IDX by six (6) months from the date the Settlement is finally approved (hereafter, the “Extended Enrollment Period). Southland will provide an additional thirty (30) months of identity protection support through IDX;
Alternative Compensation. In the alternative to Credit Monitoring, Settlement Class Members whose name, address, Social Security Number, and/or driver’s license number were accessed (or which may have been accessed) during the Data Breach will receive payment in the amount of $35.00 (“Alternative Compensation”). To request the Alternative Compensation, Settlement Class Members will need to confirm that they have taken other actions they deem appropriate to protect their credit and personal data, that they decline the Credit Monitoring offered by the Settlement, and that they wish to receive the Alternative Compensation instead through the claims process.
Cash Compensation for Misused Data: In addition to either the credit monitoring or the alternative compensation, Settlement Class Members who qualify may claim the following cash compensation:
• Settlement Class Members whose name, address, Social Security Number, and/or driver’s license number were used to apply for and/or finalize loan applications as a result of the Data Breach will be paid $80.00 including for the time spent dealing with Data Breach; all claimants of this relief must attest that between September 21, 2021, to the present, they experienced fraudulent lines of credit (via loan or credit card) or attempted lines of credit (via loan or credit card) resulting from the Data Breach to include supporting documentation (not handwritten or self-prepared);
• Settlement Class Members whose name, address, Social Security Number, and/or driver’s license number to apply for and/or finalize credit card applications as a result of the Data Breach will be paid $125.00 including for the time spent dealing with Data Breach; all claimants of this relief must attest that between September 21, 2021, to the present, they experienced fraudulent lines of credit (via loan or credit card) or attempted lines of credit (via loan or credit card) resulting from the Data Breach to include supporting documentation (not handwritten or self-prepared);
• Settlement Class Members who were denied funding due to flagged credit resulting from the Data Breach will be paid $125.00 including for the time spent dealing with Data Breach; all claimants for this relief must attest that between September 21, 2021, to the present, they were denied funding (via loan or credit card) due to their flagged credit resulting from the Data Breach to include supporting documentation (not handwritten or self-prepared);
• Settlement Class Members whose name, address, Social Security Number and/or driver’s license number was accessed (or which may have been accessed) during the Data Breach and who experienced(d) identity theft and/or false/fraudulent tax returns after September 21, 2021, will be paid $250.00 for any out-of-pocket losses they may have suffered, including for the time spent dealing with Data Breach; all claimants of this relief must attest that between September 21, 2021, to the present, they experience(d) identity theft and/or false/fraudulent tax returns to include supporting documentation (not handwritten or self-prepared).
These payments to the Settlement Class will not be cumulative. Rather, Settlement Class Members will receive one payment/remedy at the highest payout applicable to their facts.
If you are a Settlement Class Member and you do not exclude yourself from the Settlement, you will give up your right to sue, continue to sue, or be part of any other lawsuit against Defendant or other Released Parties concerning the claims released by this Settlement. The Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The entire text of the Settlement Agreement can be viewed HERE.
HOW TO GET A PAYMENT – MAKING A CLAIM
You must complete and submit a Claim Form by April 22, 2024. Claim Forms may be submitted online HERE, or printed from HERE and mailed to the address found HERE.
Be sure to read the Claim Form instructions carefully, include all required information, and your signature.
The Claims Administrator will review your claim to determine the validity and amount of your payment.
This is a closed Class. The benefits are available only to Settlement Class Members with a unique ID. All claims submitted by non-Settlement Class Members will be rejected.
The amount of your payment will depend on the approved amount of your claim. Southland has agreed to pay the full amount of all approved claims.
Please note that approval of any claim for Cash Compensation for Misused Data is contingent upon you providing the required documentation for your claim.
The Court will hold a hearing on May 9, 2024 to decide whether to approve the Settlement. Payments will be made after the Settlement is approved and becomes final (meaning there is no appeal from the order approving the Settlement). Updates regarding the Settlement will be posted on the Settlement Website.
THE LAWYERS REPRESENTING YOU
William B. Federman of FEDERMAN & SHERWOOD and David K. Lietz of MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC represent the Settlement Class. These lawyers are called Class Counsel. You will not be charged for their services.
If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in court for you if you want someone other than Class Counsel to speak for you. You may also appear for yourself without a lawyer.
The attorneys representing the Class have not yet received any payment for their legal services or any reimbursement of the costs or out-of-pocket expenses they have incurred. Class Counsel plans to ask the Court to award attorneys’ fees and expenses of $200,000.00. Southland has agreed to separately pay the attorneys’ fees and expenses approved by the Court.
The amount of attorneys’ fees and expenses awarded will not reduce the payment of any approved claims to you or other Settlement Class Members.
The Settlement Class is represented by an individual, Dennis Tarrant (the “Class Representative”). In addition to the benefits that the Class Representative will receive as a member of the Settlement Class—and subject to the approval of the Court—Class Counsel will ask the Court to award a $3,500.00 Service Award to the Settlement Class Representative for the efforts he has expended on behalf of the Settlement Class. Southland has agreed to separately pay the Service Award awarded by the Court, and the payment of a Service Award will not reduce the Settlement Class benefits.
The Court will determine whether to approve the amount of fees and costs and expenses requested by Class Counsel and the proposed service awards to the Class Representative. Class Counsel will file an application for fees, expenses, and service awards no later than April 18, 2024. The application will be available on the Settlement Website HERE, or you can request a copy by contacting the Claims Administrator.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you are a Settlement Class Member and you do not want the benefits from the Settlement, and you want to keep your right, if any, to sue Defendant on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself from—or “opting out” of—the Settlement Class.
You may opt out of the Settlement by March 22, 2024. To opt out, you must send a letter or postcard via U.S. mail to the address below. You should include the following in your letter or postcard:
• The name of this Litigation, or a decipherable approximation (Tarrant v Southland Holdings LLC, Case No. 067-333679-22);
• Your full name, address, telephone number, and signature;
• The words “Requests for Exclusion” at the top of the document or a clear statement that you want to opt out of the Settlement.
You must mail your opt-out request via First-Class postage prepaid U.S. Mail, postmarked no later than March 22, 2024 to:
Southland Claims Administrator
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164
If you fail to include the required information, your request will be deemed invalid and you will remain a Settlement Class Members and be bound by the Settlement, including all releases.
No. You must opt out of the Settlement to keep your right to sue Defendant or other Released Parties for any of the claims resolved by the Settlement.
If you opt out of the Settlement, you will not have any rights as a member of the Settlement Class. You will not receive a payment as part of the Settlement. You will not be bound by the Settlement, releases, or by any further orders or judgments in this case. You will keep the right, if any, to sue on the claims alleged in the case at your own expense.
In addition, if you opt out of the Settlement you cannot object to this Settlement because the Settlement no longer affects you. If you object to the Settlement and request to exclude yourself, your objection will be voided and you will be deemed to have excluded yourself.
COMMENTING ON OR OBJECTING TO THE SETTLEMENT
If you are a Settlement Class Member and you do not opt out of the Settlement, you can object to the Settlement if you do not think it is fair, reasonable, or adequate. You can give reasons why you think the Court should not approve it. You can’t ask the Court to change or order a different settlement; the Court can only approve or deny this Settlement. If the Court denies approval, no Settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.
You may object to any part of the proposed Settlement in writing. You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney.
6.2 All notices of an intent to object to the Class Settlement Agreement must be written and should include all of the following:
a) Your full name, address, telephone number, and email address (if any);
b) a clear and detailed written statement that identifies the basis of the specific objection that you assert;
c) the identity of any counsel representing you;
d) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel;
e) your signature and the signature of your duly authorized attorney or other duly authorized representative (if any).
Notwithstanding the foregoing, any Settlement Class Member who timely submits a written notice of objection and attends the Final Approval Hearing may so state their objection at that time, subject to the Court’s approval.
Completed objections must also be submitted via postal mail to the Claims Administrator at the following address. The objection must be filed with the Claims Administrator, and must be postmarked – no later than March 22, 2024.
Southland Claims Administrator
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164
Objecting is telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you are a Settlement Class Member and do not opt out of the Settlement. Opting out of the Settlement is telling the Court that you don’t want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because it does not affect you.
THE COURT’S FAIRNESS HEARING
The Court will hold a Final Approval Hearing (also called the Fairness Hearing) at May 9, 2024 at 9:00 a.m. , at the Tom Vandergriff Civil Courts Building – 4th Floor, 100 North Calhoun Street, Fort Worth, TX 76196 before Judge Don Cosby. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate; Class Counsel’s application for attorneys’ fees, costs, and expenses; and whether to approve a service award to the Class Representative. If there are objections, the Court will consider them. The Court may choose to hear from people who have asked to speak at the hearing. At or after the hearing, the Court will decide whether to approve the Settlement. There is no deadline by which the Court must make its decision.
The Court may reschedule the Fairness Hearing or change any of the deadlines described in the Notice. The date of the Fairness Hearing may change without further notice to the Settlement Class Members.
Class Counsel will file a motion for final approval of the Settlement by April 18, 2024. Objectors, if any, must file any response to Class Counsel’s motion by May 2, 2024. Responses to any objections and any replies in support of final approval of the Settlement and/or Class Counsel’s application for attorneys’ fees, costs, and expenses, and Service Awards will be filed by May 2, 2024.
No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you send an objection, you do not have to come to the hearing to talk about it. As long as you mailed or filed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you should include a statement in your written objection (see Question 20) that you intend to appear at the hearing. Be sure to include your name, address, and signature as well. Notwithstanding the foregoing, it is in the judge’s discretion to let you speak at the Fairness Hearing. You cannot speak at the hearing if you opt out or exclude yourself from the Class.
IF I DO NOTHING
If you are a Settlement Class Member and do nothing, you will not get any money from this Settlement, and you will not be able to sue the Defendant or other Released Parties for the claims released by the Settlement Agreement.
GETTING MORE INFORMATION
The Notice summarizes the proposed Settlement—more details are in the Settlement Agreement and other case documents available HERE, by reviewing the case docket and filings by visiting the office of the Clerk of the Court for the Texas District Court, 67th Judicial District, Tarrant County, at the Tom Vandergriff Civil Courts Building, 100 North Calhoun Street, Fort Worth, TX 76196 between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.
You will find more information here on the Settlement Website, including the Claim Form, a copy of the Settlement Agreement, and answers to questions about the Settlement and other information to help you determine whether you are eligible for a payment.
Contact the Claims Administrator, Atticus Administration, at 1-800-542-9873, by email at SouthlandDataBreachSettlement@AtticusAdmin.com, or by writing to:
Southland Claims Administrator
c/o Atticus Administration
P.O. Box 64053
St. Paul, MN 55164
PLEASE DO NOT CONTACT THE COURT, THE COURT CLERK’S OFFICE, OR DEFENDANT TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.