Fernandez et al., v. 90 Degree Benefits, LLC

The Court authorized the Notice to inform you about a proposed Settlement with Defendants. The case is called Fernandez et al., v. 90 Degree Benefits, LLC, et al., Case No. 2:22-cv-00799-SCD. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. This website and the Notice explain the lawsuit, the Settlement, and your legal rights.

A class action is a lawsuit in which one or more plaintiffs—in this case, Plaintiffs and Class Representatives Robert Fernandez, Steven Greek, Jon Boyajian, and Jenny Olmstead—sue on behalf of a group of people who have similar claims. Together, this group is called a “Settlement Class” and consists of “Settlement Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class.

Plaintiffs claim that Defendants failed to implement and maintain reasonable security measures to adequately protect the personal information and/or protected health information in its possession and to prevent the Data Incidents from occurring.

Defendants deny that they are liable for the claims made in the lawsuit and deny any allegations of wrongdoing.

The Court has not decided whether the Plaintiffs or Defendants should win this case. Instead, both sides agreed to this Settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class Members will be eligible to get compensation now rather than years later—if ever. The Class Representatives and attorneys for the Settlement Class Members, called Class Counsel, agree the Settlement is in the best interests of the Settlement Class Members. The Settlement is not an admission of wrongdoing by the Defendants.

You are part of the Settlement as a Settlement Class Member if you received a notification letter from Defendants stating that your personal information and/or protected health information was or may have been compromised in the Data Incidents.

Settlement Class Members will have been mailed notice of their eligibility. If you are still not sure whether you are included, you can contact the Settlement Administrator by calling 1-877-203-8169, or by emailing info@90dbsettlement.com.

This Settlement Class does not include: (1) the judges presiding over this Action, and members of their direct families; (2) Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity in which Defendants or their parents have a controlling interest and their current or former officers, directors, and employees; and (3) Settlement Class Members who submit a valid a Request for Exclusion prior to the Opt-Out Deadline.

Under the proposed Settlement, Defendants will pay (or cause to be paid) $990,000.00 into a Settlement Fund. The Settlement Fund, plus interest accrued thereon, will pay notice and administration costs, Court-approved attorneys’ fees and costs, Court-approved service awards for Class Representatives, and certain Settlement Fund taxes and tax expenses (the “Net Settlement Fund”). The Net Settlement Fund will be used to provide eligible Settlement Class Members with payments and benefits described below.

If the benefits claimed by all Settlement Class Members meets or exceeds the amount of the Net Settlement Fund, then the payments and/or benefits for your Claim may be reduced pro rata pursuant to Paragraphs 67-69 of the Settlement Agreement by the Settlement Administrator so that the aggregate cost of all payments and benefits does not exceed the amount of the Net Settlement Fund.

Reimbursement for Lost Time and Out-of-Pocket Losses: If you spent time responding to the Data Incidents, you may be eligible to receive compensation for Lost Time. If you incurred financial losses that are fairly traceable to the Data Incidents, you may be eligible to receive reimbursement for Out-of-Pocket Losses.

1. Lost Time: Claim for reimbursement may also include a claim for up to 3 hours of time spent in response to the Data Incidents. Lost Time will be compensated at $25.00/hour and requires a brief description of the actions taken in response to the Data Incidents and the time associated with those actions.

2. Out-of-Pocket Losses: Claim for reimbursement may include, but are not limited to, the following (provided the expenses were incurred primarily as a result of the Data Incidents): (1) unreimbursed costs, expenses, losses, or charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of your personal information; (2) costs incurred on or after January 28, 2022, associated with purchasing or extending additional credit monitoring or identity theft protection services and/or accessing or freezing/unfreezing credit reports with any credit reporting agency; and (3) other miscellaneous expenses incurred relating to any ordinary Out-of-Pocket Loss such as notary, fax, postage, copying, mileage and long-distance telephone charges.

   Claims for Out-of-Pocket Losses and lost time are subject to a combined cap of $5,000.00 per individual.

Credit Monitoring: All Settlement Class Members are eligible to receive one (1) year of identity theft protection and credit monitoring, which includes identity theft monitoring, alerts, three-bureau credit monitoring, fraud resolution, and up to $1 million identity theft insurance coverage for certain costs, identity restoration, and unauthorized electronic fund transfers.

Alternative Cash Payment: In lieu of filing a Claim for reimbursement of Out-of-Pocket Losses, Attested Time, or for Credit Monitoring Services, all Settlement Class Members may file a Claim for an Alternative Cash Payment of $50.00. By filing a Claim for an Alternative Cash Payment, Settlement Class Members are giving up their right to file a Claim for any other benefits made available under this Settlement.

Confirmatory Discovery: Defendants have also agreed to provide documents and information to Class Counsel showing that Defendants have taken data security measures to remedy the issues that led to the Data Incidents and has implemented other business practices to help ensure information security.

Residual Credit Monitoring Services: In the event that there are funds remaining in the Settlement Fund after payments for Attested Time, Out-of-Pocket Losses, Credit Monitoring Services, and Alternative Cash Payments, the funds will be used to increase the number of years of Credit Monitoring Services provided to Settlement Class Members who claim it, up to a total of five (5) years.

Residual Cash Payment: In the event that there are funds remaining in the Settlement Fund after payments for lost time, Out-of-Pocket Losses, Credit Monitoring Services, Alternative Cash Payments, and residual credit monitoring services, the funds will be used to make a pro rata cash payment to all Settlement Class Members who submit a valid Claim Form, up to a total of $100.00 per claimant.

For complete details, please see the Settlement Agreement here.

To qualify for a Settlement benefit, you must complete and submit a Claim Form.

Settlement Class Members who want to submit a Claim must fill out and submit a Claim Form here, or by mail to the Settlement Administrator. Claim Forms are available here or by calling 1-877-203-8169.

All Claim Forms must be submitted no later than November 16, 2023.

The hearing to consider the fairness of the Settlement is scheduled for November 16, 2023. If the Court approves the Settlement, eligible Settlement Class Members whose Claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient.

Yes. The Court has appointed Mason LLP as “Class Counsel” to represent you and all Settlement Class Members. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you at your own expense if you want someone other than Class Counsel to represent you.

To date, Class Counsel has not received any payment for their services in conducting this litigation on behalf of the Class and have not been paid for their out-of-pocket expenses. Class Counsel will ask the Court for an award of attorneys’ fees and for the reimbursement of litigation costs and expenses which were incurred in connection with the Action not to exceed 33% of the Settlement Fund, or $330,000.00. Such sums, as may be approved by the Court, will be paid from the Settlement Fund.

Class Counsel will also request a Service Award payment of $2,500.00 for each Class Representative to be paid from the Settlement Fund

The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service awards to the Class Representatives.

Class Counsel will file their request for attorneys’ fees, costs, and expenses and service awards for the Class Representatives with the Court, which will also be posted on the Settlement Website.

If you do not exclude yourself from the Settlement, you will not be able to sue Defendants about the Data Incidents, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included Release. This is true regardless of whether you submit a Claim Form. However, you may exclude yourself from the Settlement (see FAQ 14). If you exclude yourself from the Settlement, you will not be bound by any of the Released Claims, which are described in the Settlement Agreement available here.

If you do nothing, you will receive no benefits under the Settlement. You will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of FAQ 11. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendants for the claims or legal issues released in this Settlement.

If you exclude yourself from the Settlement, you will receive no benefits under the Settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s judgments related to the Settlement Class and Defendants in this class action.

You can ask to be excluded from the Settlement. To do so, you must send a written notification to the Settlement Administrator stating that you want to be excluded from the Settlement in Fernandez et al., v. 90 Degree Benefits, LLC, et al., Case No. 2:22-cv-00799-SCD. Your written notification must include:

1. the name of the proceeding;
2. your full name and current address;
3. your signature; and
4. the words “Request for Exclusion” or a comparable statement that you not wish to participate in the Settlement at the top of the communication.

You must mail your exclusion request, postmarked no later than October 17, 2023, to the following address:

90 Degree Benefits Settlement Administrator
P.O. Box 5075
Portland, OR 97208-5075

No. Unless you exclude yourself, you give up any right to sue Defendants for the claims or legal issues released in this Settlement, even if you do nothing.

No. If you exclude yourself, do not submit a Claim Form to ask for any benefits.

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not agree with any part of it. You can give reasons why you think the Court should deny approval by filing an objection. To object, you must mail a written objection to the Settlement Administrator stating that you object to the Settlement in Fernandez et al., v. 90 Degree Benefits, LLC, et al., Case No. 2:22-cv-00799-SCD. Your objection must be filed no later than October 17, 2023.

The objection must be in writing and be personally signed by you. The objection must include:

1. the name of the proceedings;
2. your full name, current mailing address, and telephone number;
3. a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection;
4. a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class;
5. the identity of any attorneys representing the objector;
6. a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear and/or wishes to be heard at the Final Approval Hearing;
7. a list of all other matters in which the objecting Settlement Class Member and/or his/her attorney has lodged an objection to a class action settlement; and
8. the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

You must mail the objection to the Settlement Administrator at the address listed below, postmarked no later than October 17, 2023.

90 Degree Benefits Settlement Administrator
P.O. Box 5075
Portland, OR 97208-5075

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing on November 16, 2023. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the service awards to Class Representatives.

The location, date and time of the Final Approval Hearing are subject to change by Court order. Any changes will be posted on this website, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.

No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. If your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. However, you may appear on your behalf or pay a lawyer to attend on your behalf to assert your objection if you would like.

Yes. If you do not exclude yourself from the Settlement Class, you (or your attorney) may appear and speak at the Final Approval Hearing concerning any part of the proposed Settlement.

This website and the Notice summarize the proposed Settlement. More details are in the Settlement Agreement, which is available here or by writing to 90 Degree Benefits Settlement Administrator, P.O. Box 5075, Portland, OR, 97208-5075.

PLEASE DO NOT CALL THE COURT, THE CLERK OF THE COURT, THE JUDGE, OR THE DEFENDANTS WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.

If you received an email from noreply@epiqpay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.

If you have any questions about the EpiqPay email you received, please provide us with your full name and current email address so we can look up your file. If a tracking number was listed at the bottom of your EpiqPay emails, please provide to us that as well.

EpiqPay is the official digital payment platform for Epiq Class Action & Claims Solutions, Inc. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay, and case-specific information about the payment notification you may have recently received is available here.

Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications, in case you experience any issues using your card.

Emails regarding digital payments for this matter commenced in January 2024. During that window, Epiq digital payment emails were or will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.