TO: All individuals in Illinois, Colorado, and Ohio who were notified by State Agencies between approximately May 18, 2020 and May 21, 2020 that personal information they submitted to their respective states in connection with pandemic-related unemployment claims may have been inadvertently exposed as a result of a data security incident.
A Class Action Settlement has been proposed in litigation against Deloitte Consulting LLP (“Deloitte Consulting”) relating to a potential data exposure that Illinois Department of Employment Security, Colorado Department of Labor and Employment, and Ohio Department of Job and Family Services (collectively “State Agencies”) disclosed between approximately May 18, 2020 and May 21, 2020 (“PUA Data Security Incident”). You are receiving the notice because you may be a “Settlement Class Member” entitled to benefits from a class action settlement. The easiest way to submit a claim under the settlement is online.
Under the terms of the Settlement, Deloitte Consulting has agreed to establish a nonreversionary fund of $4,950,000.00 that will be used to pay for the following forms of relief:
- Reimbursement for Out-of-Pocket Losses: The Settlement Fund will be used to reimburse Settlement Class Members for certain expenses related to addressing the effects of the PUA Data Security Incident such as the purchase of identity protection or credit monitoring services, up to $120.00 per individual (“Out-of-Pocket Losses”).
- Compensation for undocumented Self-Certified Time and Documented Time: The Settlement Fund will be used to compensate Settlement Class Members for time spent dealing with issues related to the PUA Data Security Incident. Class Members can make a claim for up to four (4) hours of undocumented self-certified time (“Attested Time”) at $20.00 per hour and up to eight (8) additional hours at $20.00 per hour for “Documented Time”.
- Cash Payments: Should funds remain in the Settlement Fund after the amounts claimed, attorneys’ fees, costs, service awards, and administration costs, then each Settlement Class Member’s valid claim shall be proportionately increased on a pro rata basis (in other words, in equal amounts to each claimant) for an additional sum up to $200.00 per Settlement Class Member.
- Remedial Measures and Security Enhancements: In addition to the Settlement Fund, Deloitte undertook certain remedial measures and security enhancements as described in the Settlement Agreement. These specific measures included the following for the State Agencies’ PUA systems:
- Reviewed the role-to-function mappings in the PUA applications to confirm users have only necessary authorizations;
- Conducted data minimization reviews of the PUA applications to reduce the display of personal data and minimized the display of certain personal data.
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. Your legal rights are affected whether you respond or not. Read the notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | DEADLINE | |
|---|---|---|
File a claim for out-of-pocket losses and lost time |
You must submit a claim in order to receive reimbursement for Out-of-Pocket Losses and/or loss of time. You may claim Out-of-Pocket Losses, Documented Time and Attested Time under the Settlement. |
DATE 1/17/ 2022 |
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 Deloitte Consulting for claims related to the PUA Data Security Incident. If you opt-out, you may not make a claim for benefits under the Settlement as described in the Settlement Agreement. For more detailed information, see FAQ 15. |
DATE 1/3/2022 |
Object or comment on the settlement |
You may object to the Settlement by writing to the Settlement Administrator and explaining why you don’t think the Settlement 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. For more detailed information, see FAQ 16. |
DATE 1/3/2022 |
Do nothing |
If you do nothing, you will not be eligible to receive reimbursement for Out-Of-Pocket Losses, Documented Time or Attested Time. If the Settlement becomes final, you will give up your rights to sue Deloitte separately relating to the Data Breach. For more detailed information, see FAQ 12. |
No deadline |