Frequently Asked Questions
- Why was this Notice issued?
- What is this lawsuit about?
- Why is this lawsuit a class action?
- Why is there a Settlement?
- How do I know if I am included in the Settlement?
- What if I am not sure whether I am included in the Settlement?
- What does the Settlement provide?
- What payments are available?
- How do I get these benefits?
- How will claims be decided?
- Do I need to do anything to remain in the Settlement?
- What am I giving up as part of the Settlement?
- If I exclude myself, can I get a payment from this Settlement?
- If I do not exclude myself, can I sue CSS for the same thing later?
- How do I exclude myself from the settlement?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting and asking to be excluded?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the hearing?
- May I speak at the hearing?
- Why was this Notice issued?
The Court authorized this Notice because you have a right to know about the proposed settlement in this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the settlement. This Notice explains the legal rights and options that you may exercise before the Court decides whether to approve the settlement.
Judge Valter H. Must of the Superior Court of New Jersey, Law Division, of Ocean County is overseeing settlement of this lawsuit, which is captioned as Diana Viruet, individually and on behalf of all others similarly situated v. Community Surgical Supply, Inc., Docket No. OCN L-001215-23. The person who sued CSS is called the “Plaintiff.” CSS is called the “Defendant.”
Top - What is this lawsuit about?
The lawsuits claim that CSS was responsible for the Data Incident that occurred between October 15, 2021 and December 20, 2021, and assert claims against CSS for negligence, negligence pe se, breach of confidence, invasion of privacy, unjust enrichment, breach of implied contract, violations of New Jersey Consumer Fraud Act, and declaratory judgment. The lawsuits seek compensation for people who incurred losses as a result of the Data Incident. CSS denies it has any liability for the claims asserted and contends that it did not engage in any improper conduct.
Top - Why is this lawsuit a class action?
In a class action, one or more people called “Class Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.” In this case, the Class Plaintiff is DLondon Viruet. One court oversees the settlement of claims for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
Top - Why is there a Settlement?
By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation and/or credit monitoring. The Class Plaintiff and her attorneys believe the settlement is fair, reasonable, and adequate and, thus, in the best interests of the Settlement Class and its members. The settlement does not mean that CSS did anything wrong.
Top - How do I know if I am included in the Settlement?
You are included in the settlement if your full name and other PII was potentially accessed during the Data Incident. Specifically excluded from the Settlement Class are: (a) CSS and its respective officers and directors; (b) Settlement Class Members who timely and validly request exclusion from the Settlement Class (for more information about requesting exclusion see questions 13–15); (c) the Judge assigned to evaluate the fairness of this settlement; and (d) 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.
Top - What if I am not sure whether I am included in the Settlement?
If you are not sure whether you are included in the settlement, or have any other questions related to the settlement, you may:
- Call 866-573-4018;
- Email info@CSSSettlement.com; or
- Write to Community Surgical Supply, Inc. Litigation Settlement Claims Administrator,
P.O. Box 301134, Los Angeles, CA 90030-1134.
Please do not contact the Court with questions.
Top - What does the Settlement provide?
Settlement Class Members will receive the opportunity to enroll in credit monitoring through Aura. The credit monitoring service will be provided for a period of two years from the Effective Date of the settlement. Settlement Class Members must submit a Settlement Claim in order to receive this service. Once the settlement is final, Settlement Class Members who submitted a Claim Form requesting credit monitoring services will be provided an activation code to enroll directly with Aura.
The settlement also provides cash payments to people who submit valid claims for out-of-pocket expenses or time lost as a result of the Data Incident.
Top - What payments are available?
Settlement Class Members are eligible to receive cash reimbursement for the following categories of expenses:
- Reimbursement for Lost Time: Settlement Class Members may file a claim to receive a cash payment for up to three hours of lost time remedying issues related to the Data Incident, at a rate of $20 per hour with an attestation that the time was spent dealing with the Data Incident. Any payments made for lost time will be included in the $500 available for claims of ordinary expenses.
- Reimbursement for Ordinary Expenses: Settlement Class Members may file a claim to receive cash payments of up to $500 per person (minus any payments for lost time) for ordinary expenses incurred in responding to the Data Incident. Ordinary Expenses include:
- Unreimbursed bank fees, such as overdraft fees, charges related to the unavailability of funds, late fees, over-limit fees, or other unreimbursed charges;
- Long distance telephone charges;
- Cellphone minutes (if charged by the minute or the amount of data usage);
- Internet usage charges (if charged by the minute or the amount of data usage);
- Text messages (if charged by the message);
- Miscellaneous expenses such as notary, fax, postage, copying and mileage; and
- Fees associated with credit reports, credit monitoring, or other identity theft insurance products purchased between October 15, 2021 and August 4, 2023.
- Reimbursement for Extraordinary Expenses: Settlement Class Members may file a claim to receive cash payments for extraordinary expenses incurred responding to the Data Incident. Extraordinary Expenses include expenses associated with identity theft, medical fraud, tax fraud, other forms of fraud, and other actual misuse of personal information, provided that (i) the loss is an actual documented and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Data Incident; (iii) the loss is not already covered by one or more of the ordinary loss compensation categories (i.e., lost time or ordinary expenses); (iv) the claimant made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring or identity monitoring insurance; and (v) the loss occurred between
October 15, 2021 and November 17, 2023.
Reasonable documentation must be submitted with your Claim Form showing that the Ordinary Expenses or Extraordinary Expenses were more likely than not caused by the Data Incident in order to receive reimbursement. Settlement Class Members seeking reimbursement of $750 or more must provide their name, gender, date of birth and last five digits of their Social Security Number or their full Medicare Beneficiary Identification Number to be eligible for payment. More details are provided in the Settlement Agreement, which is available at www.CSSSettlement.com.
Top - How do I get these benefits?
To get cash payment(s) from the settlement or to enroll in credit monitoring provided by Aura, you must complete a Claim Form. Please read the instructions carefully, fill out the Claim Form, provide reasonable documentation (where applicable), and submit it online or mail it postmarked no later than November 17, 2023, to:
Community Surgical Supply, Inc. Litigation Settlement
Claims Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
You may submit a claim online or download a copy at www.CSSSettlement.com, or you may request one by mail by calling 866-573-4018.
Top - How will claims be decided?
The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may require additional information from any claimant. If the required information is not provided timely, the claim will be considered invalid and will not be paid.
If the claim is complete and the Claims Administrator denies the claim entirely or partially, the claimant will be provided an opportunity to have their claim reviewed by an impartial Claims Referee selected by the parties.
Top - Do I need to do anything to remain in the Settlement?
You do not have to do anything to remain in the settlement, but if you want to enroll in identity monitoring by Aura, or request a cash payment, you must submit a Claim Form online or mail one postmarked by November 17, 2023.
Top - What am I giving up as part of the Settlement?
If the settlement becomes final, you will give up your right to sue CSS for the claims being resolved by this settlement. The specific claims you are giving up against CSS are described in paragraph 1.21 of the Settlement Agreement. You will be releasing CSS and all related people or entities as described in Section 1.22 of the Settlement Agreement. The Settlement Agreement is available at www.CSSSettlement.com.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the law firms listed in Question 16 for free, or you can, of course, talk to your own lawyer at your own expense.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want a payment from this settlement, but you want to keep the right to sue CSS about issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself from–or is sometimes referred to as “opting out” of–the Settlement Class.
Top - If I exclude myself, can I get a payment from this Settlement?
No. If you exclude yourself, you will not be entitled to any benefits of the settlement. You will also not be bound by any judgment in this case.
Top - If I do not exclude myself, can I sue CSS for the same thing later?
No. Unless you exclude yourself, you give up any right to sue CSS for the claims that this settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for a payment or the credit monitoring services.
Top - How do I exclude myself from the settlement?
To exclude yourself, send a letter that states you want to be excluded from the settlement in Class Action Docket No. OCN L-001215-23, captioned as Diana Viruet, individually and on behalf of all others similarly situated v. Community Surgical Supply, Inc. Include your name, address, and signature. You must mail your Exclusion Request postmarked by November 2, 2023, to: Community Surgical Supply, Inc. Litigation Settlement Claims Administrator,
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P.O. Box 301134, Los Angeles, CA 90030-1134. - Do I have a lawyer in this case?
The Court appointed the following lawyers as Settlement Class Counsel: Vicki J. Maniatis, Gary M. Klinger, David K. Lietz, and Alexandra M. Honeycutt of Milberg Coleman Bryson Phillips Grossman, PLLC and Terence R. Coates, Justin C. Walker, and Jonathan T. Deters of Markovits, Stock & DeMarco, LLC.
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.
Top - How will the lawyers be paid?
Settlement Class Counsel will request the Court’s approval of an award for attorneys’ fees and reasonable costs and expenses of up to $350,000. Settlement Class Counsel will also request approval of a service award of up to $1,500 for Plaintiff DLondon Viruet. Any amount that the Court awards for attorneys’ fees, costs, expenses, and incentive awards will be paid separately by CSS and will not reduce the amount of payments to Settlement Class Members who submit valid claims.
Top - How do I tell the Court that I do not like the Settlement?
You can object to the settlement if you do not like it or some part of it. The Court will consider your views. To do so, you must file a written objection in this case, Case No. OCN-L-001215-23 captioned as Diana Viruet, individually and on behalf of all others similarly situated v. Community Surgical Supply, Inc., with the Clerk of the Court at the address below.
Your objection must include all of the following information: (i) your full name, address, telephone number, and email address (if any); (ii) information identifying you as a Settlement Class Member; (iii) a written statement of all grounds for the objection; (iv) the identity of all counsel representing you; (v) a statement whether you and/or your counsel will appear at the Final Fairness Hearing; and (vi) your signature and the signature of your duly-authorized attorney or other duly-authorized representative, if applicable.
Your objection must be postmarked no later than November 2, 2023 to:
Clerk of Court
Ocean Bldg. 1
118 Washington Street
Toms River, NJ 08753
In addition, you must mail a copy of your objection and any supporting documents to the Claims Administrator at the address listed below postmarked no later than November 2, 2023:
Community Surgical Supply, Inc. Litigation Settlement
Claims Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
You must also mail a copy of your objection and any supporting documents to Settlement Class Counsel and Counsel for CSS, postmarked no later than November 2, 2023:
TopSettlement Class Counsel
Defendant’s Counsel
Gary M. Klinger
Milberg Coleman Bryson Phillips Grossman, PLLC
227 West Monroe Street, Suite 2100
Chicago, IL 60606
Angelo A. Stio III
Troutman Pepper Hamilton Sanders LLP
301 Carnegie Center, Suite 400
Princeton, NJ 08540
- What is the difference between objecting and asking to be excluded?
Objecting is telling the Court that you do not like the settlement and why you do not think it should be approved. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not 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’S FAIRNESS HEARING
The Court will hold a hearing to decide whether to grant final approval of the Settlement.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a Fairness Hearing at 9:00 a.m. on November 9, 2023 at 100 Hooper Avenue Toms River, New Jersey 08753. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website, www.CSSSettlement.com or call 866-573-4018 to ensure the hearing has not been moved.
At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and may listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for a service award for the Class Plaintiff. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take, so please be patient and continue to check the settlement website for updates.
Top - Do I have to attend the hearing?
No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 18, the Court will consider it.
Top - May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file an objection according to the instructions in Question 18, including all the information required.
Your objection must be filed with the Clerk of the Court no later than November 2, 2023. In addition, you must mail a copy of your objection to the Claims Administrator, Community Surgical Supply, Inc. Litigation Settlement Claims Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134, postmarked no later than November 2, 2023. See Question 18 for more information regarding objections.
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