On March 13, 2020, Presidio discovered it was the victim of a Data Incident. An unknown third-party gained unauthorized access to Presidio’s software and/or systems, which may have resulted in the disclosure of employees and former employees’ information, including names, Social Security numbers, compensation and tax information. Presidio took immediate steps to remediate and investigate the Data Incident, and has notified current and former employees whose personal information may have been compromised in the Data Incident.
Thereafter, Eric LaPrairie filed a class action lawsuit alleging that he and other individuals were affected by the Data Incident. Eric LaPrairie is the “Plaintiff” or “Class Representative” and he sued the Presidio “Defendants” on behalf of people who have similar claims (the “Class”). The lawsuit alleges Presidio did not adequately protect the Class Members personal information. Presidio denies all allegations of wrongdoing.
The Court did not reach a final decision in favor of the Class or Presidio. Instead, both sides agreed to a proposed Settlement to resolve the lawsuit. A settlement avoids the costs and uncertainty of a trial and related appeals, while providing benefits to the Class.
The Class Representative and Class Counsel believe the proposed Settlement is best for all members of the Class. The Court in charge of the lawsuit has granted preliminary approval of the proposed Settlement and has ordered that this notice be made available to explain it.
You are a Class Member and are affected by the proposed Settlement if you were notified by Presidio that your personal information may have been compromised in the Data Incident that occurred in or about March 2020. The Class specifically excludes: (i) all Class Members who timely and validly request exclusion from the Settlement Class; (ii) the Judge assigned to evaluate the fairness of this settlement; and (iii) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
If you have questions about whether you are a Class Member, you may contact the Settlement Administrator at 1-844-721-2419 or Class Counsel (see Question 10 below).
If you are a Class Member, you are eligible to obtain benefits under the proposed Settlement. The available benefits and process for submitting claims to receive benefits are described in Questions 4 and 6 below.
The Settlement provides the following benefits:
Identity Protection Services.
Members of the Class can elect to enroll in TransUnion myTrueIdentity identity protection services for a total period of two (2) years. TransUnion myTrueIdentity includes credit monitoring from one bureau, access to credit reports, and $1 million in identity theft insurance.
In order to receive the credit monitoring and identity theft protection service, you must submit a valid Claim Form. If you previously signed up for identity protection coverage through Presidio after receiving the initial notice of the Data Incident, you must still submit a valid Claim Form in order to receive an additional two (2) years of identity theft protection coverage under the Settlement. If you did not previously sign up for identity protection services, and you submit a valid Claim Form, you will receive two (2) years of identity theft protection coverage.
To be eligible to receive identity theft protection coverage, you must submit a completed Claim Form by November 15, 2022.
Reimbursement for Out-of-Pocket Losses.
If you incurred expenses that are fairly traceable to the Data Incident, that were not reimbursed another source, including but not limited to the TransUnion myTrueIdentity identity theft insurance or any other credit card, credit monitoring/identity protection or financial service, by submitting the Claim Form by the Claim Deadline, you can be reimbursed up to $500. Examples of reimbursable Out-of-Pocket Losses include:
- costs, expenses, losses or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of your personal information;
- costs incurred on or after March 5, 2020, associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; or
- other miscellaneous expenses incurred related to any Out-of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges.
If you submit a claim for Reimbursement of Out-of-Pocket Losses, you must provide the Settlement Administrator with your contact information as well as documents that show what happened and how much you lost or spent so that you can be repaid. You must also state whether you were reimbursed for the loss by another source. Handwritten receipts are, by themselves, not enough to receive reimbursement, but can be considered to add clarity to or support other submitted documentation.
You can, but do not need to, submit a claim for Credit Monitoring in order to submit a claim for Reimbursement of Out-of-Pocket Losses.
A claim for Reimbursement of Out-of-Pocket Losses may be combined with a claim for Reimbursement of Attested Time (discussed below), but the maximum total amount of both of those combined claims is subject to an aggregate cap of $500.00.
To be eligible to receive Reimbursement for Out-of-Pocket Losses, you must submit a completed Claim Form by November 15, 2022.
Reimbursement for Attested Time.
If you spent time remedying issues related to identify theft directly caused by the Data Incident, you can submit a claim for $15 per hour for up to four (4) total hours.
If you submit a claim for Reimbursement for Attested Time, you must provide the Settlement Administrator with your contact information as well as the actions you took in response to the Data Incident and the time each action took.
You can, but do not need to, submit a claim for Credit Monitoring in order to submit a claim for Reimbursement of Attested Time.
A claim for Reimbursement for Attested Time may be combined with a claim for Reimbursement of Out-of-Pocket Losses, but the maximum total amount of both of those combined claims is subject to an aggregate cap of $500.00.
To be eligible to receive Reimbursement for Attested Time, you must submit a completed Claim Form by November 15, 2022.
As part of the settlement, Presidio has also agreed to provide reasonable access to confidential confirmatory discovery regarding the facts and circumstances of the Data Incident, Presidio’s response thereto, and the changes and improvements that have been made or are being made to protect Settlement Class Members’ personal information from further unlawful instructions, including, but not limited to:
- Password changes.
- Changes to multi-factor authentication requirements.
- Updated reporting and monitoring of access to Presidio’s HR application.
- Updated employee training.
The Confirmatory Discovery will include, at a minimum:
- Documentation regarding information security enhancements set forth above, including the costs to date associated with those enhancements;
- The production of the current incident response plan;
- Information regarding the updated employee training; and
- Such other documents as necessary to establish to Class Counsel that Presidio has or will implement measures to prevent Settlement Class Members’ personal information from further unlawful instructions.
If the Court approves the proposed Settlement and you do not opt out of the Settlement, you will no longer be able to sue Presidio for claims relating to the Data Incident (see Question 8 below).
The Settlement Agreement describes the Released Claims specifically, so read it carefully. Paragraph 24 of the Settlement Agreement describes the specific claims you are giving up against Presidio. You will be releasing Presidio and all related people as described in Paragraph 25 of the Settlement Agreement. The Settlement Agreement is available HERE or you can request a copy from the Settlement Administrator at 1-844-721-2419. Talk to Class Counsel (see Question 10 in the section on “The Lawyers Representing You” below) or your own lawyer if you have questions about the Released Claims or what they mean.
Submitting the Claim Form to Participate in the Settlement
You must submit a Claim Form to receive Settlement benefits. The Claim Form must be submitted online on November 15, 2022 or by mail postmarked on or before November 15, 2022.
You can access and submit the Claim Form online by going here. Alternatively, you can submit the Claim Forms by printing the forms from the Website or requesting paper copies from the Settlement Administrator, and mailing the completed Claim Form to the Settlement Administrator at P.O. Box 3376 Baton Rouge, LA 70821
You must sign the Claim Form. If you submit your Claim Form(s) online, typing your name in the signature box will constitute your legal signature.
If you move after submitting a Claim Form, it is your responsibility to provide your new address to the Settlement Administrator. The Settlement Administrator will use the most recent address it has on file for providing benefits under the Settlement.
Objecting to the Proposed Settlement
As a Class Member, you can object to the proposed Settlement if you do not think the proposed Settlement is fair, reasonable, or adequate by filing a written objection. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the Settlement. If the Court denies approval, the Class Members will not receive the benefits described in this notice, and the lawsuit will continue.
You may object to the proposed Settlement in writing and appear at the Final Approval Hearing, either in person or through your own attorney, at your own expense, if the Court allows. If you appear through your own attorney, you are responsible for paying that attorney. All written objections and supporting papers must include:
- the name of the proceedings (“LaPrairie v. Presidio, Inc., et al.”);
- your full name, current mailing address, and telephone number;
- a statement of the specific grounds for the objection, as well as any documents supporting the objection;
- a statement as to whether the objection applies only to you, to a specific subset of the class, or to the entire class;
- the identity of any attorney(s) representing you;
- a statement regarding whether you (or your attorney) intends to appear at the Final Approval Hearing;
- all other cases in which you (or your attorney) have filed an objection to any other proposed class action settlement within the past three (3) years; and
- either you or your attorney’s signature.
Class Members must mail objections to the Settlement Administrator postmarked by November 15, 2022.
If you wish to be heard at the Final Approval Hearing, you must send a signed Notice of Intention to Appear to the Settlement Administrator no later than November 15, 2022. The Notice of Intention to Appear must include the following:
- the name of this Action (“LaPrairie v. Presidio, Inc., et al.”);
- your full name, address, and telephone number if you intend to appear at the Final Approval Hearing;
- the words “Notice of Intention to Appear” at the top of the document;
- the points you wish to speak about at the Final Approval Hearing; and
- the identity (name, address, and telephone number) of any lawyer who will speak on your behalf.
If you object and the Settlement is approved, you will still be entitled to receive benefits under the Settlement that you qualify for, but you must submit a valid Claim Form to do so (see Question 6 above). Submitting a Claim Form does not waive your objection to the Settlement.
If you want to keep the right you may have, if any, to sue Presidio based on the Data Incident, you must exclude yourself from the Settlement Class, as described below in Question 8.
Excluding Yourself From the Proposed Settlement
To opt out and not be part of the Class, you must mail a letter to the Settlement Administrator stating that you wish to do so.
Your opt-out request should state: “I request that I be excluded from the settlement class in LaPrairie v. Presidio, Inc., et al., and do not wish to participate in the Settlement.” The letter must include: (1) your full name and current address; and (2) your signature. Your request for exclusion must be postmarked no later than November 15, 2022 and must be mailed to:
Presidio Settlement Administrator
P.O. Box 3376
Baton Rouge, LA
REQUESTS TO OPT-OUT THAT ARE NOT POSTMARKED ON OR BEFORE NOVEMBER 15, 2022 WILL NOT BE HONORED.
If you opt-out of the Settlement, you cannot also object to the Settlement.
No. If you do not exclude yourself from the Settlement, and the Court approves the proposed Settlement, you give up the right you may have, if any, to sue Presidio and the Released Persons for any claims arising out of the Data Incident. See the answer to Question 5 above.
The Lawyers Representing You
The Court has appointed the following lawyers to represent you and the other Settlement Class Members:
Jessica L. Lukasiewicz
Jonathan W. Ferris
Thomas & Solomon, LLP
693 East Avenue
Rochester, NY 14607
These lawyers are called Class Counsel. Class Members will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.
You can contact Class Counsel at 585-272-0540 or at ContactUs@theemploymentattorneys.com.
Any attorneys’ fees and expenses approved by the Court will be paid by Presidio, and the amount of any such award will not affect the benefits to be provided to eligible Settlement Class Members as described above. Class Counsel will ask the Court to award up to $400,000 for attorneys’ fees and costs to Class Counsel. Presidio has agreed not to oppose the request for the award up to this amount. The Court may award less than this amount.
THE COURT’S FINAL APPROVAL HEARING
The Court will hold a Final Approval Hearing on December 8, 2022 at 4 P.M. EST via telephonic conference. If you would like to join the hearing, please contact the Court at 1-888-363-4739 (access code: 3768660) at the date and time listed above. The date of the hearing may change.
At this hearing, the Court will consider whether the proposed Settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court may listen to people who have submitted timely requests to speak at the hearing. The Court may also decide how much Class Counsel will receive as attorneys’ fees and expenses, as well as whether the Class Representative will receive a service award up to $3,000 for his services. At or after the hearing, the Court will decide whether to approve the proposed settlement. We do not know how long these decisions will take.
YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING.
If You Do Nothing
If you do nothing, you will be included in the Settlement Class, and will not be able to pursue any other lawsuit against Presidio and the Released Persons concerning or relating to the Data Incident. If you previously signed up for identity protection services when offered by Presidio, you will not receive any further benefits other than the identity protection services you have already received. If you did not previously sign up for identity protection services, and you do nothing, you will not receive any further benefits from the Settlement.
Modification of Agreement
Prior to entry of the Final Approval Order and Judgment, this Agreement may, with approval of the Court, be modified by written agreement of the Parties or their counsel, who may only sign with the permission of their clients, without giving any additional notice to the Settlement Class, provided that such modifications are not materially adverse to the Settlement Class. To the extent that Class Members desire to be notified regarding any additional changes as described in this paragraph, or otherwise after the initial notice of the Settlement, the preliminary approval hearing and the Final Approval Hearing, they must file with the Settlement Court in this Action a request for notice, or send such a request in writing to the Settlement Administrator or Class Counsel, who shall maintain a list of all such requests that are received. Class Members who have and who provide an e-mail address agree to electronic notification.
Getting More Information
This notice summarizes the proposed Settlement. For precise terms and conditions of the Settlement, please see the Settlement Agreement available HERE. This Notice is subject to the terms and conditions in the Settlement Agreement and, to the extent inconsistent, the terms and conditions in the Settlement Agreement control.
PLEASE DO NOT CONTACT PRESIDIO, THE COURT, OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIMS PROCESS. CLASS COUNSEL OR THE SETTLEMENT ADMINISTRATOR ARE AVAILABLE TO ASSIST YOU SHOULD YOU HAVE ANY QUESTIONS.