Sackin et al. v. TransPerfect Global, Inc.

Case No. 1:17-cv-1469-LGS

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why is the Notice being provided?

    The Class Notice is provided pursuant to an order issued by the Court to inform you of the proposed Settlement and the Final Approval Hearing to be held by the Court to consider, among other things, (a) whether the Settlement is fair, reasonable and adequate and should be approved; and (b) Class Counsel’s request for Class Counsel Fees and the Class Representatives’ request for a Service Award. The Class Notice explains the nature of the lawsuit, the general terms of the proposed Settlement (including the benefits available), and your legal rights and obligations. The Class Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses asserted in the Action.

    The Honorable Judge Lorna G. Schofield of the United States District Court for the Southern District of New York is overseeing this action, which is known as Sackin et al., v. TransPerfect Global, Inc., No. 1:17-cv-1469-LGS (the “Action”). The people that filed the lawsuit are called “Plaintiffs.” TransPerfect is the “Defendant.”

    Plaintiffs in this matter claim that on or about January 17, 2017, TransPerfect disclosed that it was the victim of a phishing attack resulting in the disclosure of Form W-2 data and payroll information (“Personal Data”) concerning individuals who work for or had worked for TransPerfect and certain corporate affiliates (the “Data Breach”).

    TransPerfect notified current and former employees of the Data Breach and offered two years of free credit protection through Experian ProtectMyID® (“Original Experian Plan”).

  3. What is this lawsuit about?

    Plaintiffs claim that TransPerfect did not adequately protect their personal information, and that they were injured as a result of the Data Breach. TransPerfect denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated.

  4. Why is this a class action?

    In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. The Plaintiffs (the class representatives here), together with the people they represent, are called Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those people who timely exclude themselves from the Settlement Class. In this case, the Class Representatives are: Jesse Sackin, Peter Harris, Stephen Lustigson, Nicholas Miuccio, and Sarah Henderson.

  5. Why is there a settlement?

    The Court has not decided in favor of Plaintiffs or TransPerfect. Instead, both sides agreed to a settlement. Settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to members of the Settlement Class. The Class Representatives and attorneys for the Settlement Class (“Settlement Class Counsel”) believe the Settlement is in the best interests of the Settlement Class Members.

  6. WHO IS IN THE SETTLEMENT?

  7. How do I know if I am part of the Settlement?

    You are included in the Settlement Class if you are a member of the following:

    All current and former TransPerfect employees in the United States whose Form W-2 data and/or payroll information was compromised as a result of the Data Breach.

  8. Are there exceptions to being included in the Settlement?

    The Settlement Class does not include any judge presiding over this matter and any of their first degree relatives, judicial staff, or the officers and directors of TransPerfect.

  9. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Class, or have any other questions about the Settlement, call the toll-free number, 1-844-824-5797. You also may write with questions to: TransPerfect Settlement, 1801 Market Street, Suite 660, Philadelphia, PA 19103.

  10. THE SETTLEMENT BENEFITS

  11. What benefits does the Settlement provide?

    TransPerfect will offer Settlement Class Members the following benefits under the Settlement:

    1. Settlement Class Members have the option to enroll in additional identity theft protection coverage at TransPerfect’s cost in the form of Experian’s Credit Plus 3-Bureau identity theft protection plan (the “Class Settlement Experian Plan”) for a period of three years, which includes: (a) three-bureau credit monitoring alerts; (b) dark web surveillance alerts; (c) daily credit reports; (d) fraud resolution support; and (e) up to $1 million in identity theft insurance;
      • The Summary Notice is a Summary Description of the Benefits of the Experian Identity Theft Coverage being offered through this settlement. To view the Summary Notice, please click here; and
    2. Settlement Class Members who have elected to receive the Class Settlement Experian Plan being offered as part of this settlement may seek reimbursement of economic costs up to $4,000.00 per Settlement Class Member, which are: (a) related to the Data Breach; (b) not reimbursed by a third party or Experian after submission of a claim to Experian; (c) supported by required documentation; and (d) meet all requirements set forth in the Reimbursement Form and the Settlement Agreement. In order to be eligible for reimbursements, Settlement Class Members must be enrolled in the Class Settlement Experian Plan.

    Complete details regarding the settlement benefits are available in the Settlement Agreement, which is available on the Important Documents section of this Settlement Website.

  12. Tell me more about reimbursement of economic costs.

    Reimbursement of Economic Costs. Any Settlement Class Member who has enrolled in the Class Settlement Experian Plan being offered through this settlement may also seek reimbursement of economic costs up to $4,000 per Settlement Class Member that are related to the Data Breach and not otherwise reimbursed by Experian or another third party, and which are supported by required documentation. However, no Settlement Class Member may submit a Reimbursement Form unless said Settlement Class Member has first elected to receive the Class Settlement Experian Plan, submitted a Reimbursement Claim to Experian under an Experian Plan, Experian has denied the claim, and said Settlement Class Member has exhausted Experian’s claims process. Any Settlement Class Member whose Reimbursement Claim to Experian is rejected for failure to submit a claim within Experian’s required time period may not submit a Claim for reimbursement for economic costs related to the Data Breach.

    Settlement Class Members who wish to make a Claim for reimbursement of economic costs related to the Data Breach must provide to the Settlement Administrator information required to evaluate the claim, including: (a) the Claimant’s name and current address; (b) if applicable, a signed copy of IRS Form 14039 along with a statement under penalty of perjury that the form was submitted to the Internal Revenue Service; (c) the bills or invoices documenting the amount of the Claim and proof that the bills or invoices were paid; (d) documentation showing that the claim was submitted and denied by Experian; and (e) a statement signed under penalty of perjury indicating that: (i) the monetary loss claimed is related to the Data Breach; and (ii) the total amount claimed has not been reimbursed by any other third party. Third-party documentation of a monetary loss is required to establish a claim.

    If a Settlement Class Member was provided notice of his or her entitlement to enroll in an Experian Plan, but was not enrolled in such service at the time of the loss for which she or he seeks reimbursement arose, and the loss would have been covered under the identity theft insurance coverage provided through an Experian Plan had the Settlement Class Member been enrolled, then the loss may not be claimed for reimbursement hereunder.

  13. Tell me more about enrollment in the Class Settlement Experian Plan.

    Settlement Class Members can enroll in the following Experian Identity Theft Protection Plan:

    Identity Theft Protection. Any Settlement Class Member who does not submit a timely request for exclusion from the Settlement Class shall have the option to elect to enroll in the Class Settlement Experian plan in the form of Experian’s Credit Plus 3-Bureau plan for three years of triple bureau coverage, at TransPerfect’s cost, on or before the December 5, 2018 Election Deadline. If a Settlement Class Member elects to receive the Class Settlement Experian Plan identity theft protection coverage, he or she must activate the Experian Plan in accordance with the instructions provided. The Class Settlement Experian Plan being provided to Settlement Class Members is available whether or not they enrolled in the original Experian Plan.

    Settlement Class Members who have not accepted coverage under TransPerfect’s previous offering of Experian ProtectMyID Identity Theft Protection Plan (the “Original Experian Plan”), offered shortly after the Data Breach, are able to do so without affecting their rights under the Settlement Agreement. The deadline for enrolling in the Original Experian Plan is February 10, 2019. You may find out whether you previously accepted coverage under the Original Experian Plan by calling Experian at 1-877-890-9332.

  14. HOW TO GET SETTLEMENT BENEFITS

  15. How can I enroll in the Class Settlement Experian Plan?

    To receive the Class Settlement Experian Plan at TransPerfect’s expense, Settlement Class Members must submit an Identity Theft Protection Election Form by mail or through the Settlement Website by December 5, 2018. The Settlement Administrator will notify you of any deficiencies with respect to your Identity Theft Protection Election Form, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your entitlement to the Class Settlement Experian Plan.

  16. How do I obtain reimbursement of economic costs related to the Data Breach?

    An Identity Theft Protection Election Form is available by clicking here or by calling 1-844-824-5797. Identity Theft Protection Election Forms are also available by writing to the Settlement Administrator at TransPerfect Settlement, 1801 Market Street, Suite 660, Philadelphia, PA 19103.

    For reimbursement of documented economic costs related to the Data Breach that have not been reimbursed by Experian or other third party, up to an aggregate total of $4,000.00 in reimbursement per Settlement Class Member, you must have elected to receive the Class Settlement Experian Plan, exhaust the insurance benefit available through Experian, complete and submit a Reimbursement Form(s) and provide documentation proving the economic costs as described above. You can get the Reimbursement Form by clicking here or by calling 1-844-824-5797. For each Reimbursement Form, you must read the instructions carefully, fill out the form completely, attach the required documentation, and either submit the form and documentation through the Settlement Website, or mail the form postmarked no later than February 10, 2021, to:

    TransPerfect Settlement,
    1801 Market Street, Suite 660
    Philadelphia, PA 19103

    If you have questions about how to file a claim, call 1-844-824-5797.

    If you file a timely and valid Reimbursement form and submit required documentation, the Settlement Administrator will evaluate your claim to confirm your eligibility and calculate your payment amount. The Settlement Administrator will notify you of any deficiencies with respect to your claim, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your claim.

  17. When will I receive my reimbursement payment under the Settlement?

    Payments for valid claims will not be made until after the Settlement is finally approved and all appeals and other reviews have been exhausted.

  18. What am I giving up as part of the Settlement?

    Unless you exclude yourself, you cannot sue TransPerfect or be part of any lawsuit against TransPerfect about any of the issues in this Action. Unless you exclude yourself, all of the decisions by the Court will bind you. The specific claims you are giving up are described in Paragraph 9 of the Settlement Agreement. You will be releasing your claims against TransPerfect and all related people as described in Paragraph 9.

    The Settlement Agreement is available by clicking here or by calling 1-844-824-5797. The Settlement Agreement describes the released claims with specific descriptions, so please read it carefully. If you have any questions about what this means, you can talk to Settlement Class Counsel, or you can talk to your own lawyer at your own expense.

  19. THE LAWYERS REPRESENTING YOU

  20. Do I have a lawyer in the case?

    Yes, you do have a lawyer in the case. The Court appointed the law firm of Finkelstein, Blankinship, Frei-Pearson & Garber, LLP to represent you and the Settlement Class. This firm is called “Settlement Class Counsel.” You will not be charged by these lawyers for their work on this case. If you want to be represented by your own lawyer, you may hire one your own expense.

  21. How will the lawyers be paid?

    Class Counsel will ask the Court for TransPerfect to pay for reasonable attorneys’ fees of up to $715,000.00, plus actual costs of up to $20,000.00, and Class Representative service awards not to exceed $3,500 each ($17,500.00 in total). The Court will decide the amount of attorneys’ fees, costs, and service awards. Any attorneys’ fees, costs, and service awards approved will be paid by TransPerfect and will not reduce the benefits provided to you or the other Settlement Class Members under the proposed Settlement.

  22. EXCLUDING YOURSELF FROM THE SETTLEMENT

  23. What does it mean to exclude myself from the Settlement?

    If you want to keep the right to sue or continue to sue TransPerfect about the legal claims in this case, you must take steps to exclude yourself from the Settlement Class. Excluding yourself is also called “opting out” of the Settlement.

  24. If I exclude myself, can I get anything from this Settlement?

    No, if you exclude yourself, you cannot get anything from the Settlement. If you exclude yourself, you may not apply for any benefits under the proposed Settlement and you cannot object to the proposed Settlement.

  25. If I do not exclude myself, can I sue later?

    No, if you do not exclude yourself, you cannot sue later. Unless you exclude yourself, you give up the right to sue TransPerfect for all of the claims that this proposed Settlement resolves.

  26. How do I exclude myself from the Settlement?

    To exclude yourself from the proposed Settlement, you must timely submit, by U.S. Mail, written notice of your intent to opt-out of the Settlement to the Settlement Administrator’s designated address established for opt-outs. The written notice must clearly manifest your intent to be excluded from the Settlement Class in Sackin et al., v. TransPerfect Global, Inc., No. 1:17-cv-1469-LGS, and must be signed by you. You can only request exclusion for yourself: you cannot request to exclude any other member of the Settlement Class. Mass opt-outs are not permitted.

    To be effective, written notice must be postmarked by September 17, 2018 (revised deadline) and mailed to:

    Class Action Opt Out
    Attn: TransPerfect Settlement
    PO BOX 30456
    Philadelphia, PA 19103

    You cannot ask to be excluded on the phone, by email, or on this Settlement Website.

  27. OBJECTING TO THE SETTLEMENT

  28. How do I tell the Court if I do not like the Settlement?

    If you are a Settlement Class Member, you can object to or comment on the Settlement, Settlement Class Counsel’s request for attorneys’ fees, costs, and expenses, and/or the Settlement Class Representatives’ request for service awards. To object, you must state in writing that you object to the Settlement, and include the following information in your written objection:

    1. The name of the Action;
    2. Your full name, mailing address, telephone number, and e-mail address;
    3. A statement of the basis on which you claim to be a Settlement Class Member;
    4. A written statement of all grounds for your objection, accompanied by any legal support for the objection, and any evidence you wish to introduce in support of the objection;
    5. The identity of all counsel, if any, representing you, including any former or current counsel who may claim entitlement to compensation for any reason related to the objection to the Settlement or the Fee Application;
    6. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing and the identification of any counsel representing you who intends to appear at the Final Approval Hearing;
    7. A list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; and
    8. Your signature signed under oath and penalty of perjury or, if legally incapacitated, the signature of your duly authorized representative (along with documentation setting forth such legal incapacitation and representation) (an attorney’s signature is not sufficient).

    Failure to include this information may be grounds for the Court to disregard your objection.

    To submit an objection, send a letter the Court either by: (a) mailing it to the Clerk of the Court, United States District Court for the Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, or; (b) filing the objection in person at any location of the United States District Court for the Southern District of New York. Mailed objections must be filed or postmarked on or before the Objection Deadline, which is September 17, 2018 (revised deadline).

    You can object to the Settlement when you wish to remain a Settlement Class Member and be subject to the Settlement, but disagree with some aspect of the Settlement. An objection allows your views to be heard in Court.

  29. What is the difference between objecting and asking to be excluded?

    Excluding yourself from the Settlement Class means that you are no longer a Settlement Class Member and do not want the Settlement to apply to you. Once you are excluded, you lose the right to receive any benefits from the Settlement or to object to any aspect of the Settlement because the case no longer affects you.

  30. FINAL APPROVAL HEARING

  31. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing at 10:30 a.m., on September 27, 2018, at the Thurgood Marshall United States Courthouse, 40 Foley Square, Courtroom 1106, New York, NY 10007. At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for attorneys’ fees and costs, and the service awards. If there are objections, the Court will consider them. After the Final Approval Hearing, the Court will decide whether to approve the proposed Settlement and how much to award to Class Counsel as fees and costs, and the service awards.

    The Final Approval Hearing may be moved to a different date or time without additional notice, so it is recommended that you periodically check back to this Settlement Website and the Court docket in this case through the Court’s Public Access to Electronic Records (PACER) system at https://ecf.nysd.uscourts.gov to confirm the date of the Final Approval Hearing.

  32. Do I have to come to the hearing?

    No, you do not have to attend the hearing. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you submit a written objection, you do not have to come to the Fairness Hearing to raise your objection. As long as you timely mailed your written objection, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but their attendance is not necessary.

  33. May I speak at the hearing?

    Yes, you may speak at the hearing. If you would like to do so, you must indicate your intent to personally appear and/or testify at the Final Approval Hearing, and identify any counsel representing you who intends to appear at the Final Approval Hearing, when providing written notice of your objection as noted in FAQ 21 regarding how to object to the Settlement. You cannot speak at the hearing if you exclude yourself from the Settlement.

  34. IF YOU DO NOTHING

  35. What happens if I do nothing at all?

    If you are a Settlement Class Member and you do nothing, you will be legally bound by the Settlement, and you will not receive any benefits of the Settlement, including but not limited to the Experian Credit Plus 3-Bureau plan, or reimbursement for economic costs related to the Data Breach. You will not be able to bring a lawsuit, continue a lawsuit, or be a part of any other lawsuit against TransPerfect about the claims in this case.

    If you would like to request benefits under the Settlement, you must follow the instructions described in FAQ 11-12.

  36. GETTING MORE INFORMATION

  37. How do I get more information about the proposed Settlement?

    The Notice summarizes the proposed Settlement. More details are included in the Settlement Agreement. You can get a copy of the Settlement Agreement by clicking here. You also may write with questions to the Settlement Administrator, at TransPerfectsettlement@AdministratorClassAction.com or TransPerfect Settlement, 1801 Market Street, Suite 660, Philadelphia, PA 19103. You can access Identity Theft Protection Election Forms and Reimbursement Forms and review additional documents on the Important Documents page of this Settlement Website. You can also request to receive Identity Theft Protection Election Forms and Reimbursement Forms, a copy of the Settlement Agreement, and a detailed notice by mail by calling the toll-free number, 1-844-824-5797.