A federal court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and who can get them.
Judge Philip S. Gutierrez of the United States District Court for the Central District of California is overseeing this class action. The case is known as Koenig v. Lime Crime, Inc. and the case number is U.S.D.C. Case No. 2:16-cv-00503-PSG (C.D. Cal) (the “Action”). The people that filed this Action are called the “Plaintiffs” and the company they sued, Lime Crime, is called the “Defendant.”Top
In February of 2015, Lime Crime announced that it discovered an unauthorized installation of malicious software on the third party computer server hosting Lime Crime’s website which stored certain personally identifiable information (“PII”) of its customers (the “Incident”) and that the malware could have affected the information of customers that used their payment cards on Lime Crime’s website between October 4, 2014 and February 15, 2015. In February 2015, Lime Crime sent Incident Notices to potentially affected customers to notify them of the Incident and offer one year of complimentary identify protection and fraud resolution. The lawsuit claims that Lime Crime maintained inadequate data security practices and delayed notifying customers of the Incident. Defendant Lime Crime denies all of the allegations made in the Action.Top
In a class action, one or more people called Plaintiffs or Class Representatives (in this case, Tessa Koenig, Nila Cabistan, Jennie Holguin, Samantha Rex, Ana Sandez, Zenia Pavia, Amirah Husbands, and Pearl Amaechi) sue on behalf of themselves and other people who have similar claims. The people included in the class action are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.Top
The Court did not decide in favor of the Plaintiffs or Defendant. Instead, both sides agreed to a settlement. This way, they avoid the cost and burden of a trial and the people affected can get benefits. The Class Representatives and their attorneys think the Settlement is best for all Class Members.Top
If you received a notice via mail or email, Lime Crime’s records indicate that you are included in the Settlement Class. More specifically, the Settlement Class includes all persons and entities to whom Lime Crime sent an Incident Notice.Top
Yes. The Settlement does not include any judge presiding over this matter and any members of their first degree relatives, judicial staff, the officers and directors of Lime Crime, and persons who timely and validly request exclusion from the Settlement Class.Top
If you are not sure whether you are included, you may call 1-866-652-8229, or write to one of the lawyers listed in Frequently Asked Question #15.Top
The $110,000 will be used to pay Settlement Class Members who file a valid and timely claim. The Settlement Fund will be divided evenly between all Eligible Claimants who submit a timely Claim Form. The maximum amount any one Eligible Claimant may receive is $44. If funds are left in the Settlement Fund, they will be distributed on a pro rata basis to those Eligible Claimants who failed to submit a timely Claim Form. If any Settlement Funds still remain after these distributions, then the remaining Settlement Funds will be distributed to the UC Berkeley School of Information, Center for Long Term Cybersecurity as approved by the Court.Top
If you submit a valid Claim Form, you can receive a cash payment up to $44. Actual payment amounts will be based on the total number of valid Claim Forms received and the balance of the Settlement Fund allocations. If necessary, payment amounts may be reduced proportionately to ensure Eligible Claimants who submit a valid Claim Form receive a distribution. Any money remaining in the Settlement Fund after making payments to Eligible Claimants who file a valid Claim Form may be distributed on a pro rata basis to Eligible Claimants who did not submit a timely Claim Form.Top
To receive a settlement cash benefit, you must complete and submit a Claim Form by April 9, 2018. A Claim Form may be submitted by U.S. Mail. Claim Forms may also be submitted online here or printed here. Claim Forms are also available by calling 1-866-652-8229, or by writing to the Settlement Administrator at Koenig v. Lime Crime Inc. Settlement Administrator, c/o KCC Class Action Services LLC, P.O. Box 404016, Louisville, KY 4023-4016. Claim Forms must be postmarked by April 9, 2018 if submitted by mail or submitted online by April 9, 2018. The coupon code for 15% off an online purchase at the Lime Crime website was included with the Notice sent to each Settlement Class Member.Top
The Court will hold a Final Approval Hearing, currently scheduled for April 2, 2018 at 1:30 p.m., to decide whether to grant final approval to the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. The Settlement Fund will be distributed to Settlement Class Members who submit valid Claim Forms as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.Top
Unless you exclude yourself, you are staying in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Lime Crime about the legal issues in this case, but you will be able to receive a 15% coupon for a one-time purchase on Lime Crime’s website and submit a Claim Form to receive a payment from this Settlement. The rights you are giving up are called Released Claims.Top
Generally, if and when the Settlement becomes final, the Class Representatives and all Settlement Class Members who do not timely and properly exclude themselves from the Settlement Class, and each of their respective heirs, assigns, beneficiaries, and successors, will permanently release Lime Crime and each of its present and former parents, subsidiaries, divisions, affiliates, predecessors, successors, and assigns, and the present and former directors, officers, employees, agents, insurers, shareholders, attorneys, advisors, consultants, representatives, partners, joint venturers, independent contractors, vendors, servicers, predecessors, successors, and assigns of each of them (the “Released Parties”) from any and all liabilities, rights, claims, actions, causes of action, demands, damages, penalties, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to the Incident that were or could have been alleged in the Action, including, without limitation, any claims, actions, causes of action, demands, damages, penalties, losses, or remedies relating to, based upon, resulting from, or arising out of (1) any alleged theft, exposure or disclosure of Settlement Class Members’ PII; (2) Lime Crime’s maintenance and storage of Settlement Class Members’ PII; (3) Lime Crime’s information security policies and practices; and (4) Lime Crime’s Incident Notice to Settlement Class Members, and its handling of notices during the Incident Notice Period.
The specific claims you will be releasing are described in paragraphs 64–69 of the Settlement Agreement, which is available here.Top
Yes. Judge Gutierrez appointed William B. Federman and Joshua D. Wells of Federman & Sherwood as “Class Counsel” and Robert S. Green and James Robert Noblin of Green & Noblin, P.C., and Cornelius P. Dukelow of Abington Cole and Ellery as “Plaintiffs’ Counsel” to represent you and other Settlement Class Members. You will not be personally charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.Top
Class Counsel and Plaintiffs’ Counsel will ask the Court for attorneys’ fees, costs, and expenses of up to $140,000, as well as up to a total of $8,000 in service awards for the Settlement Class Representatives. The Court may award less than these amounts. All of the Court-approved amounts, as well as the costs of administering the Notice, attorneys’ fees, costs and expenses, and claims program, will be paid separately by Lime Crime and not reduce the amount of money or payments available to Settlement Class Members.Top
To exclude yourself from the Settlement, you must submit a written request for exclusion to the Settlement Administrator. Your request for exclusion must include:
Your request for exclusion must be mailed to the Settlement Administrator at the address below and postmarked no later than February 22, 2018:
Koenig v. Lime Crime, Inc.
c/o KCC Class Action Services, LLC
P.O. Box 404016
Louisville, KY 40233-4016
No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement. You can only get benefits if you stay in the Settlement and submit a valid Claim Form.Top
No. Unless you exclude yourself, you are giving up the right to sue Lime Crime and the Released Parties for the claims that this Settlement resolves. You must exclude yourself from this Action to start or continue with your own lawsuit or be part of any other lawsuit against Lime Crime or any of the Released Parties about the legal claims resolved by this Settlement.Top
If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must submit a letter via First Class U.S. Mail saying that you object to the settlement of Koenig v. Lime Crime, Inc., U.S.D.C. Case No. 2:16-cv-00503-PSG (C.D. Cal.). Your objection must also include:
Your objection must be mailed to all three addresses below postmarked on or before February 22, 2018. The Court also accepts filing electronically through the Public Access to Court Electronic Records (PACER) system (available at https://www.pacer.gov/). Any objection filed electronically with the Court must be filed by February 22, 2018.
Clerk of the Court
Counsel for Defendant
Roybal Federal Building and United States Courthouse
William B. Federman
Mark C. Mao
Ronald I. Raether, Jr.
Yes. You or your attorney may speak at the Final Approval Hearing about your objection. To do so, your objection must include the information listed in Frequently Asked Question #20. Remember, your objection must be filed electronically or postmarked by February 22, 2018 and sent to all three addresses in Frequently Asked Question #20.Top
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you remain a member of the Settlement Classes (that is, do not exclude yourself). Excluding yourself is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself, you cannot object because the Settlement no longer affects you.Top
The Court will hold a Final Approval Hearing at 1:30 p.m. on April 2, 2018 in Courtroom 6A on the 6th floor, located at 350 W. 1st Street, Los Angeles, California 90012. The date of this hearing may change without further notice. Settlement Class Members should check this website and the Court's docket in this case the Public Access to Court Electronic Records (PACER) system at https://www.pacer.gov/ to confirm that the date of the Fairness Hearing has not been changed. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. It will also consider whether to approve Class Counsel and Plaintiffs’ Counsel’s request for an award of attorneys’ fees, expenses and costs, as well as the Class Representatives service awards. If there are objections, the Court will consider them. Judge Gutierrez will listen to people who have asked to speak at the hearing (see Frequently Asked Question #21). After the hearing, the Court will decide whether to approve the Settlement.Top
No. Class Counsel will answer any questions Judge Gutierrez may have. However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary.Top
Yes. You may ask the Court for permission to speak at the Final Approval Hearing (see Frequently Asked Question #21).Top
If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Frequently Asked Question #14, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Lime Crime and the Released Parties about the legal issues in this case. In addition, you will not receive any benefits from the Settlement.Top
These Frequently Asked Questions summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. Additional information is also available by calling 1-866-652-8229 or by writing to Koenig v. Lime Crime, Inc. Settlement Administrator, c/o KCC Class Action Services, LLC, P.O. Box 404016, Louisville, KY 40233-4016. Publicly-filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Central District of California or reviewing the Court’s online docket.Top