Patterson v. DPP and Home Care

The Court authorized the Notice because you have a right to know about the Settlement and all of your options before the Court decides whether to give “final approval” to the Settlement. This Notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

The Honorable Eric V. Moyé of the District Court for Dallas County, 14th Judicial District is the judge overseeing this case, which is captioned as Patterson et al. v. DPP II, LLC, et al., Case No. DC-23-01733. The people who brought the lawsuit are called the Plaintiffs, Ida Patterson, Michael Lassiter, Selma Earls, and Colette Williams. The entity being sued, DPP II, LLC, is called the Defendant.

The lawsuit claims the Defendant was responsible for the Data Incident and asserts claims for negligence. The Defendant denies these claims and says it did not do anything wrong. No court or other judicial entity has made any judgment or other determination that the Defendant has any liability for these claims or did anything wrong.

In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called class members. One court resolves the issues for all class members, except for those who exclude themselves from the class.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Class (“Class Members”). The Class Representatives appointed to represent the Class and the attorneys for the Class (“Class Counsel,” see FAQ 18) think the Settlement is best for all Class Members.

You are affected by the Settlement and potentially a member of the Class if you reside in the United States and your Private Information was potentially compromised in connection with the Data Incident.

Only Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Class are (1) the judge presiding over the class action lawsuit and his direct family members; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Class Members who submit a valid request to be excluded from the Settlement.

If you are not sure whether you are included in the Settlement, you may call 1-877-356-6803 with questions. You may also write with questions to the following address:

Patterson v. DPP & Home Care
Settlement Administrator
P.O. Box 2359
Portland, OR 97208-2359

The Settlement provides that Defendant will fund the following types of payments up to a total of $1,400,000.00: (a) up to $5,000.00 for reimbursement of your documented Out-of-Pocket Expenses reasonably related to the Data Incident; (b) $25.00 per hour, up to five hours or a total of $125.00, for Class Members who claim they spent time responding to or dealing with the risk of the Data Incident; and (c) a $50.00 payment, subject to a potential pro rata adjustment as set forth below.

The $50.00 pro rata payment will be dispersed after the claims for out-of-pocket expenses and time spent, and after the Settlement Fund pays for the attorneys’ fees and expenses, the Service Awards, and Notice and Administrative Expenses. The other Settlement benefits are also subject to pro rata reduction as needed in the event that the total claims exceed the $1,400,000.00 cap on payments to be made by Defendant, but the payments may also be increased on a pro rata basis until the Settlement Fund is distributed. Payment of (1) attorneys’ fees and expenses and Service Awards to Plaintiffs (see FAQ 19) and (2) the costs of notifying the Class and administering the Settlement will also be paid out of the Settlement Fund.

Also, as part of the Settlement, Defendant either has taken or will take certain reasonable steps to further secure its computer systems and environments.

Class Members who submit a claim are eligible to receive the following:

1. Reimbursement of actual, documented, and unreimbursed Out-of-Pocket Expenses resulting from the Data Incident (up to $5,000.00 in total), such as the following incurred on or after June 15, 2022:
   
   • payments to credit monitoring services or ordering copies of your credit report;
   • late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, and/or card cancellation or replacement fees;
   • late fees from transactions with third parties that were delayed due to fraud or card replacement;
   • unauthorized charges on credit, debit, or other payment cards that were not reimbursed;
   • parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;
   • costs incurred obtaining credit freezes; and
   • other expenses that are reasonably attributable to the Data Incident that were not reimbursed.
2. Compensation for time spent (lost time) remedying issues related to the Data Incident, up to 5 hours at $25.00/hour for time spent in response to the Data Incident for a total amount of up to $125.00.
3. A potential residual cash payment of the remainder funds, which is estimated to be $50.00 but may adjusted upward or downward pro rata based on how many other claims are made.

You must submit a claim to receive a payment under the Settlement (a “Claim”). Every Claim must be made on a form (“Claim Form”) available here or by calling 1-877-356-6803. A Claim Form will also be sent to Class Members as part of a postcard notice. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner, then the Claim will be considered invalid and will not be paid.

The Court will hold a Final Approval Hearing on April 29, 2024, at 10:00 a.m. CT to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals on that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.

The Defendant gets a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Class Member and you will give up your right to sue Defendant and other persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Incident. This release is described in the Settlement Agreement, which is available here. If you have any questions, you can talk to the law firms listed in FAQ 18 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.

No. Unless you exclude yourself, you give up any right to sue the Defendant (and any other Released Parties) for the claims that this Settlement resolves. You must exclude yourself from the Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you want to exclude yourself, then do not submit a Claim Form to ask for any benefit under the Settlement.

To exclude yourself, send a letter that says you want to be excluded or opt out from the Settlement in Patterson et al. v. DPP II, LLC, et al., Case No. DC-23-01733, District Court for Dallas County, 14th Judicial District. The letter must (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the Settlement. You must mail your exclusion request postmarked by January 28, 2024, to the following address:

Patterson v. DPP & Home Care
Settlement Administrator
Attn: Exclusion Request
P.O. Box 2359
Portland, OR 97208-2359

You can tell the Court that you do not agree with the Settlement or some part of it by submitting an objection. The Court will consider your views in its decision on whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, you must mail your objection to the Clerk of the Court and the Settlement Administrator, at the mailing addresses listed below, postmarked by no later than the Objection Deadline, January 28, 2024:

Your objection must be written and must include all of the following:

1. the name of the proceedings;
2. your full name, current mailing address, and telephone number;
3. a statement of the specific grounds for the objection, as well as any documents supporting the objection;
4. the identity of any attorneys representing you, if any;
5. a statement regarding whether you or your attorney (if any) intends to appear at the Final Approval Hearing;
6. a statement identifying all class action settlements you have objected to in the previous five years; and
7. your signature or your lawyer’s signature (if you have one).

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 are a Class Member. Excluding yourself is telling the Court that you do not want to be part of the Class and do not want to receive any payment from the Settlement. If you exclude yourself, then you have no basis to object because you are no longer a member of the Class, and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC as Class Counsel to represent the Class. If you want to be represented by your own lawyer, then you may hire one at your own expense.

Class Counsel will ask the Court for an award for attorneys’ fees up to $466,666.66, plus litigation expenses not to exceed $30,000.00 for Class Counsel and the other lawyers who assisted with bringing and settling this case. The Defendant has agreed not to object to any award of attorneys’ fees and expenses up to those amounts, to the extent they are approved by the Court. Any payment for attorneys’ fees and expenses will be made out of the Settlement Fund. Any such award would compensate Class Counsel and the other lawyers for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will also ask the Court for Service Awards up to $5,000 for the Class Representatives for their services in representing the Class in this matter.

Any award for attorneys’ fees and expenses and the Class Representative Service Awards must be approved by the Court. The Court may award less than the amount requested. Class Counsel’s papers in support of final approval of the Settlement will be filed no later than April 15, 2024, and the application for attorneys’ fees and expenses and service awards will be filed no later than January 14, 2024, and will be posted on the Important Documents page of this website.

The Court will hold a Final Approval Hearing at 10:00 a.m. CT on April 29, 2024, at the George L. Allen, Sr. Courts Building, 600 Commerce Street, 5th Floor New Tower, Dallas, TX 75202 Courtroom or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider them and will 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 expenses, and Service Awards. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this website or calling 1-877-356-6803.

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 visit 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 FAQ 16, the Court will consider it.

You may ask the Court for permission to speak at the final fairness hearing. To do so, you must file an objection according to the instructions in FAQ 16, including all the information required. Your objection must be mailed to the Clerk of the Court and Settlement Administrator postmarked no later than January 28, 2024.

If you do nothing, you will not get any money from this Settlement. If the Settlement is granted final approval and the judgment becomes final, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant and the other Released Parties based on any of the Released Claims related to the Data Incident, ever again.

This website and the Notice summarize the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available here. You may also call the Settlement Administrator with questions or to receive a Claim Form at 1-877-356-6803.

The Notice is approved by the District Court for Dallas County, Texas, 14th Judicial District.

DO NOT CONTACT THE COURT DIRECTLY IF YOU HAVE QUESTIONS ABOUT THE SETTLEMENT. Please contact the Settlement Administrator or Class Counsel if you have any questions about the Settlement.