1. WHY WAS THE NOTICE ISSUED?
2. WHAT IS THIS ACTION ABOUT?
3. WHAT IS A CLASS ACTION?
4. WHY IS THERE A SETTLEMENT?
5. WHO IS INCLUDED IN THE SETTLEMENT?
6. ARE THERE EXCEPTIONS TO BEING INCLUDED?
7. HOW DO I OBTAIN MORE INFORMATION?
8. HOW MUCH WILL MY PAYMENT BE?
9. WHAT CLAIMS AM I RELEASING IF I STAY IN THE SETTLEMENT CLASS?
10. HOW DO I SUBMIT A CLAIM FOR A SETTLEMENT BENEFIT?
11. WHAT IS THE DEADLINE FOR SUBMITTING A CLAIM?
12. WHEN WILL THE SETTLEMENT BENEFITS BE ISSUED?
13. DO I HAVE A LAWYER IN THE CASE?
14. SHOULD I GET MY OWN LAWYER?
15. HOW WILL CLASS COUNSEL BE PAID?
16. HOW DO I OPT OUT OF THE SETTLEMENT?
17. HOW DO I TELL THE COURT IF I LIKE OR DO NOT LIKE THE SETTLEMENT?
18. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?
19. WHEN IS THE COURT’S FINAL APPROVAL HEARING?
20. DO I HAVE TO COME TO THE FINAL APPROVAL HEARING?
21. WHAT HAPPENS IF I DO NOTHING AT ALL?
22. HOW DO I GET MORE INFORMATION?
The Circuit Court of Cook County, Illinois, County Department, Chancery Division authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The Action is captioned Givony et al. v. Classic Residence Management Limited Partnership d/b/a Vi, Case No. 2024CH05037. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, Vi, is called the “Defendant.”
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This Action alleges that private and sensitive information may have been impacted due to the unauthorized access to Defendant’s computer systems on or about March 13, 2023 (the “Data Breach”). The information included, depending on the individual, names, addresses, dates of birth, Social Security numbers, financial account numbers, payment card numbers, medical treatment information, and/or health information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives are Ariel J. Givony, Duane Galey, and Sandra Ruttenberg, and everyone included in this Action are the Settlement Class Members.
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The Court did not decide in favor of the Plaintiffs or the Defendant. Plaintiffs and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Settlement Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Settlement Class Members.
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The Settlement Class includes all persons impacted in the Data Breach.
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Yes. Excluded from the Settlement Class are all persons who are directors, officers, and shareholders of Vi, the Judge assigned to the Action, and that Judge’s immediate family and Court staff.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing or writing to Settlement Administrator at:
Vi Data Breach Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@ViSettlement.com
You may also view the Settlement Agreement here.
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The Settlement provides the following Settlement Class Member Benefits. You are not limited to one benefit. If you are eligible for multiple benefits, as described below, you may file a claim for each of them.
Documented Ordinary Losses. All Settlement Class Members who submit a Valid Claim using the Claim Form, including necessary supporting documentation, are eligible for the following documented Ordinary Losses, not to exceed $1,500.00 per Settlement Class Member, that were incurred as a result of the Data Breach:
Unreimbursed bank fees;
Long distance phone charges;
Cell phone charges (only if charged by the minute);
Data charges (only if charged based on the amount of data used);
Postage;
Gasoline for local travel; and/or
Fees for credit reports, credit monitoring, or other identity theft insurance product purchased between March 13, 2023, and February 3, 2025.
Documented Extraordinary Losses Resulting from Actual Identity Theft. All Settlement Class Members who submit a Valid Claim using the Claim Form, including necessary supporting documentation, are eligible for up to $5,000.00 per Settlement Class Member if:
The loss was an actual, documented, and unreimbursed monetary loss;
The loss was fairly traceable to the Data Breach;
The loss occurred between March 13, 2023 and February 3, 2025.
The loss is not already covered by one of the Ordinary Loss categories above; and
Settlement Class Member made reasonable efforts to avoid the loss (this includes trying to get the loss reimbursed, and using any credit monitoring insurance or identity theft insurance that was available).
Reimbursement for Attested Lost Time. Settlement Class Members are also eligible to receive reimbursement for up to three hours of lost time spent dealing with the Data Breach (calculated at the rate of $25.00 per hour), but only if at least one full hour was spent dealing with the Data Breach. Settlement Class Members may receive up to three hours of lost time if the Settlement Class Member attests that any claimed lost time was spent responding to issues raised by the Data Breach.
Reimbursement for Additional Lost Time (Documentation or Written Explanation Required). Settlement Class Members may also claim an additional four hours of lost time (also calculated at the rate of $25.00 per hour), for a total of seven hours, if they provide documentation supporting, or a written explanation describing, how: (i) the additional lost time was spent related to the Data Breach; and (ii) the additional lost time was connected to a documented out-of-pocket loss, be it an Ordinary Loss or Extraordinary Loss, regardless of whether that Loss is being reimbursed through this Settlement Agreement or otherwise.
Identity Theft Protection and Medical Data Monitoring. Settlement Class Members are entitled to, and may submit a Claim for, two years of free Medical Shield Complete Monitoring with 1-Bureau Monitoring services. The services shall provide one-bureau monitoring and shall include:
medical identity theft insurance (with a $1,000,000 policy limit);
real-time medical and healthcare data monitoring services; and
access to fraud resolution agents.
Settlement Class Members will need to enroll to receive this benefit. Vi will pay for the monitoring services separate and apart from other Settlement benefits.
Information Security Improvements. In addition to cash payments and/or medical data monitoring, Vi has implemented information security improvements intended to further secure its systems.
Costs associated with these information security improvements will be paid by Vi separate and apart from other Settlement benefits.
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Payments will vary depending on the Settlement Class Member Benefits selected and, for Ordinary Losses and Extraordinary Losses, the supporting documentation provided.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review here.
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Claim Forms may be submitted online here or downloaded here and mailed to the Settlement Administrator at: Vi Data Breach Settlement, c/o Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799.
You may also contact the Settlement Administrator to request a Claim Form by telephone 1866-675-2140, by email info@ViSettlement.com, or by U.S. mail at the address above.
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If you submit a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than February 3, 2025. If submitting a Claim Form online, you must do so by February 3, 2025.
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The Court will hold a Final Approval Hearing on February 19, 2025. This hearing may be held remotely, so please be sure to check the Settlement Website for details. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.
Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.
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Yes, the Court appointed Mason A. Barney and Tyler J. Bean of Siri & Glimstad LLP to represent you and other members of the Settlement Class (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of, the Settlement Class. The deadline to submit a request for exclusion from the Settlement is January 3, 2025.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
The name of the Action: Givony et al. V. Classic Residence Management Limited Partnership d/b/a Vi, Case No. 2024CH05037, pending in the Circuit Court of Cook County, Illinois, County Department, Chancery Division;
Your full name;
Your current address;
Your personal signature; and
The words “Request for Exclusion” or a clear and similar statement that you do not wish to participate in the Settlement.
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than January 3, 2025.
Vi Data Breach Settlement
c/o Settlement Administrator,
P.O. Box 25226
Santa Ana, CA 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself. You may only exclude yourself, not any other person.
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If you are a Settlement Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.
For an objection to be considered by the Court, the objection must include:
Your full name, address, telephone number, and email address (if any);
Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Breach);
A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable;
The identity of any and all counsel representing you in connection with the objection;
A statement as to whether you and/or your counsel will appear at the Final Approval Hearing;
Your signature and the signature of your duly authorized attorney or other duly authorized representative, if any (along with documentation setting forth such representation); and
A list, by case name, court, and docket number, of all other cases in which you and/or your counsel has filed an objection to any proposed class action settlement within the last three years.
To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court and contain the case name and docket number, with copies served on Class Counsel and counsel for Vi no later than January 3, 2025.
Clerk of the Court | Class Counsel | Counsel for Vi |
Clerk of Court | Mason A. Barney | Casie Collignon |
Any Settlement Class Member who fails to comply with the requirements for objecting shall waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement and shall be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Litigation.
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on February 19, 2025, at 11:00 a.m. C.T., at the Circuit Court of Cook County, Illinois, County Department, Chancery Division in Courtroom 2502. The Court may allow remote appearances, and if so, those details will be on the Settlement Website.
At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award to each of the Class Representatives who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.
If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (See FAQ 17).
The date and time of this hearing may change without further notice. Please check Important Dates for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.
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If you are a Settlement Class Member and you do nothing, you will give up the rights described in FAQ 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a payment or medical data monitoring from this Settlement.
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This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at the Important Documents tab.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
Vi Data Breach Settlement,
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@ViSettlement.com
1-866675-2140
Publicly filed documents can also be obtained by visiting the office of the Clerk of the Circuit Court of Cook County, Illinois, County Department, Chancery Division.
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