Frequently Asked Questions about

The Court authorized the Notice to inform you about a proposed Settlement with RPM. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

The case is called Hightower, et al. v. Receivables Performance Management, LLC, Case No. 2:22-cv-01683-RSM.

A class action is a lawsuit in which one or more plaintiffs—in this case, Plaintiffs and Class Representatives Bernadette Hightower, Latershia Jones, George Dean, and Bruce Mark Woodruff—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 Settlement Class Members, except those who exclude themselves from the Settlement Class. 

Plaintiffs claim that RPM failed to implement and maintain reasonable security measures to adequately protect the personal identifying information (“PII”) in its possession and to prevent the Data Incident from occurring. 

RPM denies that it is liable for the claims made in the Action and denies any allegations of wrongdoing. More information about the complaint in the Action can be found on this Settlement Website.

The Court has not decided whether the Plaintiff or RPM 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 Representative 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 RPM.

You are part of the Settlement as a Settlement Class Member if you received a notification letter from RPM stating that your Personal Information was or may have been compromised in the Data Incident. You are also a part of the Settlement as a California Settlement Subclass Member if you received a notification letter from RPM stating that your Personal Information was or may have been compromised in the Data Incident and you are a resident of the State of California. If you are a California Settlement Subclass Member, you are also a Settlement Class Member.

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 (833) 522-1750, or by visiting the "Contact Us" section of this Settlement Website.

This Settlement Class and California Settlement Subclass do not include (1) the judges presiding over this Action, and members of their direct families; (2) RPM, its subsidiaries, parent companies, successors, predecessors, and any entity in which RPM or its 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, RPM will pay (or cause to be paid) $5,600,000 into a Settlement Fund. The Settlement Fund, plus interest accrued thereon, will pay Notice and Administrative Expenses, Court-approved Litigation Costs and Expenses, Court-approved Service Award Payments for Class Representatives, and certain Settlement Fund Taxes and Tax-Related Expenses (the “Net Settlement Fund”). The Net Settlement Fund will be used to provide eligible Settlement Class Members with payments and benefits described below.

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

1. Attested Time: A Claim for reimbursement may also include a claim for up to four (4) hours of time spent in response to the Data Incident. Lost time will be compensated at $25/hour. Claims for Attested Time are subject to a $100 cap.
2. Out-of-Pocket Losses: A Claim for reimbursement may include, but is not limited to, the following provided the expenses were incurred primarily as a result of the Data Incident: (i) unreimbursed costs, expenses, losses or charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of Settlement Class Member’s personal information; (ii) costs incurred on or after April 8, 2021, 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 (iii) other miscellaneous expenses incurred related to any Out-of-Pocket Losses such as notary, fax, postage, copying, mileage, and long-distance telephone charges. There is no cap for Claims for reimbursement of Out-of-Pocket Losses.

Credit Monitoring Services: All Settlement Class Members are eligible to receive three (3) years of identity theft protection and Credit Monitoring Services, which includes identity theft monitoring, alerts, monitoring by three credit bureaus, fraud resolution, and identity theft insurance coverage for certain costs, identity restoration, and unauthorized electronic fund transfers. 

California Statutory Damages Payment: In addition to filing a Claim for reimbursement of Out-of-Pocket Losses, Attested Time, or for Credit Monitoring Services, all California Settlement Subclass Members may file a Claim for an alternative cash payment estimated at $50.

Residual Credit Monitoring Services: If there are funds remaining in the Settlement Fund after payment of Notice and Administrative Expenses, Court-approved Litigation Costs and Expenses, Court-approved Service Award Payments for Class Representatives, and certain Settlement Fund Taxes and Tax-Related Expenses, approved claims for Attested Time, Approved Claims for Out-of-Pocket Losses, Approved Claims for Credit Monitoring Services, and Approved Claims for California Statutory Damages Payment(s) (the “Residual Settlement Fund”), all Settlement Class Members who file a claim for Credit Monitoring Services that has been approved by the Settlement Administrator will receive additional years of Credit Monitoring Services, up to a total of five (5) years.

Residual Cash Payment: If there are funds remaining in the Residual Settlement Fund after payment of Approved Claims for Residual Credit Monitoring Services, all Settlement Class Members who file a Claim that has been approved by the Settlement Administrator (regardless of the type or amount of the Approved Claim) will receive a Residual Cash Payment of up to $100.

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 online on this Settlement Website or by mail to the Settlement Administrator. Claim Forms are available through the "Documents" section of this Settlement Website or by calling (833) 522-1750.

All Claim Forms must be submitted no later than November 12, 2024.

The Final Approval Hearing, the hearing to consider the fairness of the Settlement, is scheduled for December 6, 2024. 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 Bryan Bleichner of Chestnut Cambronne, P.A., John Yanchunis of Morgan & Morgan Complex Litigation Group, and Kaleigh Boyd of Tousley Brain Stephens, PLLC 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 Settlement Class and have not been paid for their Out-of-Pocket Losses. Class Counsel will ask the Court for an award of attorneys’ fees and expenses (“Fee Award and Costs”) not to exceed $1,680,000 which were incurred in connection with the Action. 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 for each of the Plaintiffs, for a total of $10,000, to be paid from the Settlement Fund.

The Court will determine the proper amount of any Fee Award and Costs to award Class Counsel and the proper amount of any Service Award Payments to Plaintiffs. 

Class Counsel will file their request for Fee Award and Costs and Service Award Payments for Plaintiffs with the Court, which will also be posted on this Settlement Website.

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

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 Released Claims. You will be deemed to have participated in the Settlement and will be subject to the provisions of FAQ 11 above. Unless you exclude yourself or “opt-out”, you won’t be able to file a lawsuit or be part of any other lawsuit against RPM for the claims or legal issues released in this Settlement.

If you exclude yourself or “opt-out” 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 RPM in this Action.

You can ask to be excluded or “opt-out” from the Settlement. To do so, you must send a written Request for Exclusion to the Settlement Administrator stating that you want to be excluded from the Settlement in Hightower et al. v. Receivables Performance Management, LLC, Case No. 2:22-cv-01683-RSM. 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 do not wish to participate in the Settlement at the top of the communication. You must mail your Request for Exclusion, postmarked no later than November 12, 2024, to the following address:

RPM Data Incident Settlement

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

You cannot exclude yourself by phone or email. Any individual who wants to be excluded or “opt-out” from the Settlement must submit his or her own Request for Exclusion. No group “opt-outs” shall be permitted.

No. Unless you exclude yourself or “opt-out”, you give up any right to sue RPM for the claims or legal issues released in this Settlement, even if you do nothing.

No. If you exclude yourself or “opt-out”, do not submit a Claim Form to ask for any benefits.

If you do not exclude yourself or “opt-out” 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 Hightower et al. v. Receivables Performance Management, LLC, Case No. 2:22-cv-01683-RSM. 

The objection must be in writing and be personally signed by you. The written objection must include (i) the name of the proceedings; (ii) the Settlement Class Member’s full name, current mailing address, and telephone number; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (v) the identity of any attorneys representing the objector; (vi) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (vii) 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 (viii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney. You must mail your objection to the Settlement Administrator: RPM Data Incident Settlement, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391, postmarked no later than November 12, 2024.

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 or “opt-out”, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing on December 6, 2024 at the Courthouse located at 700 Stewart Street in Seattle, Washington. 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 Fee Award and Costs and the Service Award Payments 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 Settlement Website or through the Court’s publicly available docket. You should check this 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 or “opt-out” 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 Settlement Website summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available in the "Documents" section of this website, or by writing to the Settlement Administrator: RPM Data Incident Settlement, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.

You may contact the Settlement Administrator online by utilizing the Contact Us feature on this Settlement Website, by calling toll-free at (833) 522-1750, or by writing to:

RPM Data Incident Settlement

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

Please Do Not Call the Court, the clerk of the Court, the Judge, or the Defendant with Questions about the Settlement or Claims Process.