Frequently Asked Questions

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 Ronda McKaig of the Superior Court of the State of California, County of Ventura is overseeing this case. The case was filed October 18, 2023, and is titled as Contreras, et al. v. RMG, Case No.:2023CUBT015539 (the “Litigation”). The people who sued are called the Plaintiffs. RMG is called the Defendant.

The Plaintiffs in the lawsuit claim that RMG is responsible for the Ransomware Attack that occurred and further allege that, as a result of the Ransomware Attack, the criminals gained access to Plaintiffs’ and Settlement Class Members’ personal information, including names and Social Security Numbers (collectively, “PII”).  The lawsuit seeks compensation for people who had losses as a result of the Ransomware Attack.
RMG denies all of Plaintiffs’ claims and asserts that it did not do anything wrong.

In a Class Action, one or more people called “Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class Members.” In this case, the Representative Plaintiffs are Francisco Contreras III and Vincent Mitchell. From the onset of the Litigation, and over the course of several months, the Parties engaged in settlement negotiations.  As a result of these negotiations, the Parties reached a settlement, which is memorialized in the Settlement Agreement.

By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit Valid Claims will get compensation. The Representative Plaintiffs and their attorneys believe the settlement is fair, reasonable, and adequate and, thus, in the best interest of the Settlement Class and its members. The settlement does not mean that RMG did anything wrong.

The Settlement Class includes all persons in the United States to whom RMG mailed a notification that their information may have been impacted in the Ransomware Attack.
Specifically excluded from the Settlement Class are: (i) RMG and its respective officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge and Magistrate Judge assigned to evaluate the fairness of this settlement; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Ransomware Attack or who pleads nolo contendere to any such charge.

If you are not sure whether you are included in the settlement, or have any other questions related to the Settlement, you may:

1.    Call (833) 462-3512
2.    Write to:
                                  Robins & Morton
                                  c/o Kroll Settlement Administration
                                  PO Box 225391
                                  New York, NY 10150-5391
    
Please do not contact the Court with questions.
 

All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible for twelve (12) months of free identity-theft protection, called “Identity Defense Total 3-Bureau Service” (“ID Total”) by Pango (f/k/a Aura).  For Settlement Class Members who opted to receive the one year of credit monitoring initially offered by RMG, “ID Total” shall be in addition to that year.  
The settlement will also provide payments to people who submit Valid Claims for expenses or time incurred as a result of the Ransomware Attack. If for some reason you have not received unique Class Member ID information, but believe you are a Settlement Class Member, please call (833) 462-3512 to verify your identity and receive further information on how to file a claim.
In addition to the above benefits, California Settlement Subclass Members who submit a Valid Claim will also be eligible for an additional benefit of $50 each.

Settlement Class Members seeking reimbursement must complete and submit a Claim Form to the Claims Administrator, postmarked or submitted online on or before June 27, 2024. This is the only way to get a payment or receive the free credit monitoring.
 

Expense Reimbursement. All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible for the following documented out-of-pocket expenses, not
to exceed $300 per Settlement Class Member, that were incurred as a result of the Ransomware Attack: (i) unreimbursed bank fees; (ii) unreimbursed card reissuance fees; (iii) unreimbursed overdraft fees; (iv) unreimbursed charges related to unavailability of funds; (v) unreimbursed late fees; (vi) unreimbursed over-limit fees; (vii) long distance telephone charges; (viii) cell minutes (if charged by minute), Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Ransomware Attack), and text messages (if charged by the message and incurred solely as a result of the Ransomware Attack); (ix) unreimbursed charges from banks or credit card companies; (x) interest on payday loans due to card cancellation or due to over-limit situation incurred solely as a result of the Ransomware Attack; (xi) costs of credit report(s), credit monitoring, and/or other identity theft insurance products purchased by Settlement Class Members between October 16, 2022 and the date of the Claims Deadline; and  (xii) other losses incurred by Settlement Class Members determined by the Claims Administrator to be fairly traceable to the Ransomware Attack, including, but not limited to, the cost of postage and gas for local travel.  To receive reimbursement for any of the above-referenced out-of-pocket expenses, Settlement Class Members must submit (i) their name and current address; (ii) supporting documentation of such out-of-pocket expenses; and (iii) a description of the loss, if not readily apparent from the documentation.
 

Lost Time. Settlement Class Members are also eligible to receive up to three (3) hours of lost time spent dealing with issues arising out of the Ransomware Attack (calculated at the rate of $20 per hour).  Settlement Class Members must attest on the Claim Form to the time spent.  No documentation other than a description of their actions shall be required for Settlement Class Members to receive compensation for attested time.  Claims made for lost time can be combined with claims made for out-of-pocket expenses and, together with the out-of-pocket expenses, are subject to the $300 cap for each Settlement Class Member.
 

Extraordinary Expense Reimbursement. All Settlement Class Members who have suffered a proven monetary loss and who submit a Valid Claim using the Claim Form are eligible for up to $7,500 if: (1) the loss is an actual, documented and unreimbursed monetary loss; (2) the loss was more likely than not caused by the Ransomware Attack; (3) the loss occurred between October 16, 2022 and the Claims Deadline; (4) the loss is not already covered by one or more of the reimbursement categories listed in Section 2.1 in the Settlement Agreement; and (5) the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.
 

Cash Payment for California Settlement Subclass Members. All California Settlement Subclass Members who submit a Valid Claim using the Claim Form shall be eligible to receive a payment of $50 provided that the California Settlement Subclass Member attests, under oath, that he or she was a resident of the State of California at some point between October 16, 2022 and October 17, 2022.  This additional amount can be combined with a claim for reimbursement for lost time and for out-of-pocket losses under Expense reimbursement and can be combined (if applicable) with reimbursement for losses under extraordinary expense reimbursement.  All claims made under this shall be subject to the $300 per-Settlement-Class-Member cap on compensation for ordinary loss and lost time.
 

Identity-Theft Protection. All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible for twelve (12) months of free identity-theft protection, called “Identity Defense Total 3-Bureau Service” (“ID Total”) by Pango (f/k/a Aura).  For Settlement Class Members who opted to receive the one year of credit monitoring initially offered by RMG, “ID Total” shall be in addition to that year. You must submit a Claim Form to obtain Identity-Theft Protection. After you submit the Claim Form, if the Court approves the settlement, you will receive an email with instructions to enroll in the ID Total program.

To get a payment from the settlement, 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 June 27, 2024 to:
       

Robins & Morton
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391

You may submit a claim online or download a copy in the Documents section of this Settlement Website, or you may request one by mail by calling (833) 462-3512.

The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may request 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.

You do not have to do anything to remain in the settlement, but if you want a payment, you must submit a Claim Form postmarked by June 27, 2024.

By not timely opting-out of the class, all of the Court’s orders will apply to you, and you give RMG a “Release.”  A Release means you cannot sue or be part of any other lawsuit against RMG about the claims or issues in this lawsuit (relating to the Ransomware Attack), and you will be bound by the settlement.  The specific claims you are giving up against RMG and related Persons or entities are called “Released Claims.”  The Released Claims are defined in Section 1.22 and described in Section 6 of the Settlement Agreement, which is available in the Documents section of this Settlement Website.  The Settlement Agreement describes the Released Claims with specific and accurate legal descriptions, so read it carefully.

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.

No. Unless you exclude yourself, you give up any right to sue RMG 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.

To exclude yourself, send an email or letter that says you want to be excluded from the settlement in, Contreras, et al. v. RMG, Case No.2023CUBT015539 (“Exclusion Request”). Include your name, address, and signature. You must either submit your Exclusion Request online on this Settlement Website by May 13, 2024 or mail your Exclusion Request postmarked by the Opt-Out Date May 13, 2024, to:

Robins & Morton
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391
 

Yes. The Court appointed the following lawyers as Proposed Settlement Class Counsel: Jason Wucetich and Dimitrios V. Korovilas of Wucetich & Korovilas LLP. 
You will not be charged for this lawyer. If you want to be represented by your own lawyer, you may hire one at your own expense.

Proposed Settlement Class Counsel will seek, and RMG has agreed not to oppose, an order from the Court awarding $148,500 to Proposed Settlement Class Counsel for attorneys’ fees, inclusive of any costs and expenses of the Litigation.  Proposed Settlement Class Counsel, in their sole discretion, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by the Court among Plaintiffs’ Counsel.

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.
 

Your objection must include all of the following information: (i) the objector’s full name and address;  (ii) the case name and docket number - Contreras, et al. v. RMG, Case No.: 2023CUBT015539; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a Settlement Class Member (e.g., copy of the objector’s settlement notice, copy of original notice of the Ransomware Attack, or a statement explaining why the objector believes he or she is a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; and (vii) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection.

Your written notice of an objection, in the appropriate form, must either be emailed to [email protected] or [email protected] by May 13, 2024 or be mailed, postmarked by May 13, 2024 and sent to either of the following addresses:

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 will hold a Final Fairness Hearing on July 2, 2024 at 8:30 A.M. to consider whether to approve the settlement. The Court will hear any objections, determine if the settlement is fair, and consider Proposed Settlement Class Counsel’s request for fees and expenses of up to $148,500 and an incentive award for the two Plaintiffs of $2,500. The hearing will be held either in person at 800 South Victoria Avenue, Ventura, California, via zoom, or telephonically.  Instructions on how to attend the Final Fairness Hearing will be available on this Settlement Website. You may attend the Final Fairness Hearing and ask to be heard by the Court, but you do not have to. Attorney fees and costs will be posted in the Documents section of this Settlement Website after they are filed with the Court.

No. Proposed Settlement 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.

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 Question 18, including all the information required.
Your objection must be either (1) emailed to [email protected] or [email protected] by May 13, 2024; or (2) mailed, with a postmark date no later than May 13, 2024, to Proposed Settlement Class Counsel, Jason Wucetich, Wucetich & Korovilas LLP, 222 N. Pacific Coast Highway, Suite 2000, El Segundo, California 90245; or counsel for RMG, Matthew D. Pearson, Baker & Hostetler, LLP, 600 Anton Boulevard, Suite 900, Costa Mesa, CA 92626-7221; or (3) filed with the Court no later than May 13, 2024, through the Court’s electronic filing system, with service on Proposed Settlement Class Counsel and RMG’s counsel made through the electronic filing system.

If you do nothing, you will get no monetary benefits from this settlement. Once the settlement is granted Final Approval and the Judgment becomes Final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against RMG about the legal issues in this case, ever again.
You must exclude yourself from the settlement if you want to retain the right to sue RMG for the claims resolved by this settlement.

This notice only provides a summary of the proposed settlement. Complete details about the settlement can be found in the Settlement Agreement available in the Documents section of this Settlement Website.

You may also:
1.    Write to:

Robins & Morton
c/o Kroll Settlement Administration
PO Box 225391
 New York, NY 10150-5391

2.    Read this Settlement Website
3.    Call the toll-free number (833) 462-3512

PLEASE DO NOT CALL THE COURT OR THE JUDGE WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.