1. Why did I get a notice?
2. What is this Lawsuit about?
3. Why is this a class action?
4. Why is there a Settlement?
5. How do I know if I am part of the Settlement?
6. What does the Settlement provide?
7. What can I get from the Settlement?
8. How can I get credit monitoring services?
9. When would I get my voucher for credit monitoring services?
10. What am I giving up if I get credit monitoring services under this Settlement?
11. How do I get out of the Settlement?
12. If I don’t exclude myself, can I sue the Defendant for the same thing later?
13. If I exclude myself, can I get credit monitoring services from this Settlement?
14. Do I have a lawyer in this case?
15. How will the lawyers be paid?
16. How do I tell the Court that I don’t like the Settlement?
17. What’s the difference between objecting and excluding?
18. When and where will the Court decide whether to approve the Settlement?
19. Do I have to come to the hearing?
20. May I speak at the hearing?
21. What happens if I do nothing at all?
22. How do I get more information about the Settlement?
Your personal information may have been impacted by a data breach at the Tom James Company. The Court determined that you have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to grant final approval of the Settlement. If the Court approves it, and after any objections and appeals are resolved, the benefits will be distributed to eligible claimants in the manner described below.
The notice explains the Lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of this case is the Chancery Court for Williamson County, Tennessee, and the case is known as Kyle O’Leary v. Tom James Company, Case No. 23-CV-52261. The people who sued are called Plaintiffs. The Tom James Company is called the Defendant.
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On or about August 20, 2022, Defendant discovered that it had suffered a ransomware attack that may have impacted the personal information of 8,656 former and current employees. On February 17, 2023, Defendant began to notify the victims of the data breach. Upon receipt of the notice, Plaintiffs filed a lawsuit claiming that Defendant acted improperly in securing personal information in violation of the Tennessee Consumer Protection Act, among other claims. Defendant denies that it did anything wrong.
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In a class action, one or more people, called Class Representatives (in this case Tom James Company employees Kyle O’Leary and John Armstrong), sue on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Chancery Court for Williamson County, Tennessee, oversees this class action.
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The Court did not decide in favor of either Plaintiffs or Defendant. Instead, after Defendant and Plaintiffs’ counsel engaged in extensive settlement negotiations and exchanged information, both sides agreed to a Settlement. By settling, they avoid the cost and uncertainty of a trial. The Class Representatives and the attorneys think the Settlement is best for everyone.
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The Court decided that everyone who fits this description is a Class Member:
All persons whose Personally Identifiable Information was maintained on Defendant’s computer system that was potentially compromised in the data breach that occurred on or about August 20, 2022, and who were sent a Notice of Data Breach letter from Defendant.
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Defendant has agreed to provide three years of one-bureau credit monitoring services to all Class Members who timely submit an approved claim.
Plaintiffs’ attorneys’ fees and costs of litigation up to $150,000.00 may be paid separately by Defendant upon Court approval. Up to now, Plaintiffs’ attorneys have not been compensated for the time, or reimbursed for the expense, of litigating this lawsuit.
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All Class Members who timely submit an approved claim will receive a voucher redeemable for three years of one-bureau credit monitoring services. Only one voucher may be issued per Class Member. Vouchers are non- transferrable.
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To receive the credit monitoring services you must submit a timely valid claim. You may do this either by filling out and returning the Claim Form that came with your notice, or online, click here. If you are submitting a paper Claim Form, make sure that all fields are completed, including your full name, mailing address, email address, and contact phone number, and that the Declaration is signed and dated.
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The Court will hold a hearing on September 3, 2024, to decide whether to approve the Settlement. If the Court approves the Settlement, there could be appeals afterward, which will take time to resolve. Please be patient.
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Unless you exclude yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you.
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To exclude yourself from the Settlement, you must submit a written statement clearly stating that you wish to be excluded from the Settlement reached in Kyle O’Leary v. Tom James Company, Case No. 23-CV-52261. The written statement must include your full name, mailing address, and telephone number, and must be signed and dated.
Your written request for exclusion must be mailed and postmarked no later than June 24, 2024 to:
Tom James Company Privacy Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You can’t exclude yourself by telephone or by e-mail. If you ask to be excluded, you should not submit a claim for the credit monitoring services provided for in the Settlement, and you cannot object to the Settlement. If you exclude yourself, you will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Defendants over these claims in the future.
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No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is June 24, 2024.
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No. If you exclude yourself, you cannot receive the credit monitoring services provided for in this Settlement. However, you may sue, continue to sue, or be part of a different lawsuit against Defendant.
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The Court has appointed Stranch Jennings & Garvey PLLC, and Milberg Coleman Bryson Phillips Grossman, PLLC, as “Class Counsel” to represent you and other Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will ask the Court for attorneys’ fees and expenses of up to $150,000.00. This amount will be paid separately by the Defendant and will not affect any Class Member benefits. Up to now, Class Counsel has not been compensated for the time, or reimbursed for the expense, of litigating this lawsuit.
Additionally, Class Counsel will ask for a service award of $1,000.00 each for Plaintiffs Kyle O’Leary and John Armstrong, who brought this lawsuit on behalf of all Class Members. Although the court may award less than these amounts, service awards are commonly granted to recognize the efforts of Plaintiffs in bringing and prosecuting lawsuits on behalf of others.
The cost of administering the Settlement will also be paid separately by Defendants.
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You can tell the Court that you don’t agree with the Settlement, or some part of it. This is called an “objection.” You can give the reasons why you think the Court should not approve the Settlement. The Court will consider your views
To object, you must send a letter stating that you object to the proposed Settlement in Kyle O’Leary v. Tom James Company, Case No. 23-CV-52261. Be sure to include your full name, mailing address, email address, telephone number, your signature, and the reasons you object to the Settlement. You must also provide proof that you are a member of Class, as defined above in question 5. The objection must be postmarked no later than June 24, 2024, and sent to all three of the following:
COURT | CLASS COUNSEL | DEFENSE COUNSEL |
|---|---|---|
Court Clerk | J. Gerard Stranch, IV | Michael A. Geibelson |
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Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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The Court will hold a Final Approval Hearing on September 3, 2024 at 9:00 a.m., at Williamson County Judicial Center, 135 4th Ave South, Franklin, TN 37064. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel, and whether to grant the requests for service awards. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
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No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense if you choose. If you send an objection, you don’t have to come to Court to talk about it. As long as you mail your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
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You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Kyle O’Leary v. Tom James Company, Case No. 23-CV- 52261.” You may include the notice in your written objection. Be sure to include your name, mailing address, email address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than June 24, 2024, and be sent to:
Court Clerk
Williamson County Judicial Center
135 4th Avenue South
Franklin, TN 37064
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If you do not exclude yourself and do nothing, you will not receive credit monitoring services, and will still be bound by the terms of the Settlement.
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The notice summarizes the proposed Settlement. Full details are in the Settlement Agreement and other documents available in the Case Documents Section of this Settlement Website. You may also contact the Administrator at 866-603-4665.
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PLEASE DO NOT WRITE OR TELEPHONE THE COURT, THE DEFENDANT, OR THE DEFENDANT’S LAWYERS FOR INFORMATION ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.