Frequently Asked Questions

The Lawsuit claims that Defendant was responsible for the Data Incident and asserts claims for negligence and violations of California’s Consumer Privacy Act (Civil Code § 1798.150(a).

Defendant denies these claims and says it did not do anything wrong. The Court has not made any judgment or other determination that Defendant has any liability on these claims or did anything wrong.
 

So far, the Court has made no determination whether CA DOJ or the Settlement Class Representatives are correct on the merits. In the meantime, the Settlement Class Representatives and CA DOJ hired a retired judge in an effort to resolve the Lawsuit by negotiating an end to the case by agreement (settle the case) rather than continuing the expensive and time-consuming process of litigation. The negotiations were successful. By signing a lengthy written Amended Settlement Agreement (“Agreement”) and agreeing to jointly ask the Court to enter a judgment ending the Action and enforcing the Agreement, the Settlement Class Representatives and CA DOJ have negotiated a proposed Settlement that is subject to the Court’s final approval. Both sides agree the proposed Settlement is a compromise of disputed claims. By agreeing to settle, CA DOJ does not admit any violations or concede the merit of any claims. 
The Court preliminarily approved the proposed Settlement as fair, reasonable and adequate, authorized this Settlement Website, and scheduled a hearing to determine final approval. 
 

The Settlement provides that Defendant will provide Credit Monitoring Services for a specified period of time. Also, as part of the Settlement, Defendant either has undertaken or will undertake certain reasonable steps to further secure its systems and environments.
At the Final Approval Hearing, the Settlement Class Representatives and/or Plaintiff’s Counsel will ask the Court to approve the following payments:

A. Up to $100,000 to Plaintiff’s Counsel for attorneys’ fees and costs as well as an additional amount up to $35,000 for expert expenses. To date, Plaintiff’s Counsel have worked and incurred expenses on the Lawsuit without payment.

B. Up to $4,500 per Settlement Class Representative as a Settlement Class Representative Service Award for filing the Lawsuit, working with Plaintiff’s Counsel and representing the Settlement Class. A  Service Award will be the only monies the Settlement Class Representatives will receive.

C. Notice and Settlement Administration Costs paid separate from the Settlement for services administering the Settlement (up to $200,000) and for the provision of Credit Monitoring Services. 
Settlement Class Members have the right to object to any of these payments. The Court will consider all objections.
 

Requests for Exclusion from the Settlement (Opt-Outs). You will be treated as a Settlement Class Member, participating fully in the Settlement, unless you notify the Settlement Administrator in writing, not later than March 7, 2025, that you wish to opt-out. The easiest way to notify the Settlement Administrator is to send a written and signed Opt-Out Request by the March 7, 2025, response deadline. The 
Opt-Out Request should be a letter from a Settlement Class Member or his/her representative setting forth a Settlement Class Member’s name, present address, telephone number, and a simple statement electing to be excluded from the Settlement. Excluded Settlement Class Members will not receive Credit Monitoring Services, but will preserve their rights to personally pursue claims against CA DOJ related to the Data Incident.

The Proposed Settlement Will be Void if the Court Denies Final Approval. It is possible the Court will decline to grant final approval of the Settlement or decline to enter a Judgment. It is also possible the Court will enter a Final Approval Order and Judgment that is reversed on appeal. The Settlement Class Representatives and CA DOJ have agreed that, in either case, the Settlement will be void: CA DOJ will not provide the Settlement Relief and Settlement Class Members will not release any claims against CA DOJ.

Settlement Administrator. The Court has appointed a neutral company, Kroll Settlement Administration LLC Settlement Administrator to set up this Settlement Website, process Claim Forms, and process Settlement Class Members’ Opt-Out Requests. The Settlement Administrator will also provide Credit Monitoring Services. The Settlement Administrator’s contact information appears at the end of this Settlement Website.

Settlement Class Members’ Release. After the Final Approval Order and Judgment is Final and CA DOJ has fully provided the agreed benefits to the Settlement Class, Settlement Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against CA DOJ or related entities related to the Data Incident, as alleged in the Lawsuit and resolved by this Settlement. The Settlement Class Members will be bound by the following release: “Released Claims means any and all past, present, and future claims, demands, rights, or causes of action of any type or nature whether legal, equitable, statutory, based on the common law, or otherwise, whether individual, class, direct, representative or otherwise, for damages, losses, penalties, attorney’s fees, or any other type of remedy or relief be it monetary or injunctive, existing or potential, accrued or unaccrued, suspected or unsuspected, that were asserted in the Complaint or are reasonably related to the facts and claims alleged in the Lawsuit. Released Claims shall not include the right of any Settlement Class Member or any of the Released Persons to enforce the terms of the Settlement contained in this Settlement Agreement and shall not include the claims of members of the Settlement Class Members who have timely excluded themselves from the Settlement Class.”
 

Submit a written and signed letter or Opt-Out Request with your name, present address, telephone number, and a simple statement that you do not want to participate in the Settlement. The Settlement Administrator will exclude you based on any writing communicating your request to be excluded. Be sure to personally sign your request, identify the Lawsuit as Ivey v. CA DOJ, Case No. 22STCV21530 and include your identifying information (full name, address, telephone number, and Social Security Number for verification purposes ). You must make the request yourself. If someone else makes the request for you, it will not be valid. The Settlement Administrator must be sent your Opt-Out Request to be excluded by March 7, 2025, or it will be invalid. This Settlement Website includes at the end contact information for the Settlement Administrator. 

Only Settlement Class Members have the right to object to the Settlement. At least five (5) court days before May 6, 2025, the Final Approval Hearing, Plaintiff’s Counsel and/or the Settlement Class Representatives will file in Court (1) a Motion for Final Approval that includes, among other things, the reasons why the proposed Settlement is fair, and (2) a Motion for Fees, Litigation Expenses and Service Award stating (i) the amount Plaintiff’s Counsel is requesting for attorneys’ fees not to exceed one hundred thousand dollars ($100,000.00) and reasonable litigation expenses; and (ii) $4,500 to each Settlement Class Representative for a Service Award. 

Upon reasonable request, Plaintiff’s Counsel (whose contact information is at the end of this Settlement Website) will send you copies of these documents at no cost to you. You can also view them in the Documents section on this Settlement Website  or the Court’s website https://www.lacourt.org/casesummary/ui/index.aspx . A Settlement Class Member who disagrees with any aspect of the Agreement, the Motion for Final Approval and/or Motion for Fees, Litigation Expenses and Service Award has a right to object, for example, that the proposed Settlement is unfair, or that the amounts requested by Plaintiff’s Counsel or the Settlement Class Representatives are too high. The Objection Deadline for sending written objections to the Settlement Administrator is March 7, 2025. Be sure to tell the Settlement Administrator what you object to, why you object, and any facts that support your objection. Make sure you identify the Lawsuit Ivey v. CA DOJ, Case No. 22STCV21530, and include your name, current address, and telephone number and sign the objection. The Settlement Administrator’s contact information appears at the end of this Settlement Website. Alternatively, a Settlement Class Member can object (or personally retain a lawyer to object at their own cost) by attending the Final Approval Hearing. You (or your attorney) should be ready to tell the Court what you object to, why you object, and any facts that support your objection. 
 

You can, but don’t have to, attend the Final Approval Hearing on May 6, 2025 at 10 AM, in Department 9 of the Los Angeles Superior Court, located at 312 North Spring Street, Los Angeles, CA 90012. At the Hearing, the judge will decide whether to grant Final Approval of the Settlement and, if approved, how much will be paid to Plaintiff’s Counsel and the Settlement Class Representatives. The Court will invite comment from objectors, Plaintiff’s Counsel and Defense Counsel before making a decision. You can attend (or hire a lawyer to attend) either personally or virtually via LACourtConnect (https://www.lacourt.org/lacc/.) 
Check the Court’s website for the most current information. It’s possible the Court will reschedule the Final Approval Hearing. You should check this Settlement Website beforehand or contact Plaintiff’s Counsel to verify the date and time of the Final Approval Hearing. 
 

The Agreement sets forth everything CA DOJ and the Settlement Class Representatives have promised to do under the proposed Settlement. The easiest way to read the Agreement, the proposed Final Approval Order and Judgment, or any other Settlement documents is to go to the Documents section of the Settlement  Website. You can also telephone or send an email to Plaintiff’s Counsel or the Settlement Administrator using the contact information listed below, or consult the Superior Court website by going to (https://www.lacourt.org/casesummary/ui/index.aspx) and entering the Case Number for the Lawsuit, Case No. 22STCV21530. You can also make an appointment to personally review court documents in the Clerk’s Office at the Stanley Mosk Courthouse by calling (213) 830-0800.

DO NOT TELEPHONE THE SUPERIOR COURT TO OBTAIN INFORMATION ABOUT THE SETTLEMENT.

Settlement Administrator Information

Ivey et al. v. Department of Justice
c/o Kroll Settlement Administration LLC 
P.O. Box 5324
New York, NY 10150-5324
 

To receive your Credit Monitoring Services, you should immediately notify the Settlement Administrator if you move or otherwise change your mailing address.