Frequently Asked Questions

1. What is the consumer action about?

This matter concerns a putative class action, Briggs v. The North Highland Company, Case No. 1:22-cv-3640 (the “Litigation”), which arises out of a Data Security Incident affecting North Highland, during which Plaintiff alleges his and Settlement Class Members sensitive, personal information was potentially exposed. Defendant denies all wrongdoing or that any personal information is actually in the possession of any third-party bad actor.

The Parties have concluded that it is in their best interests to settle the Consumer Action on the terms generally set forth herein in order to avoid expense, inconvenience, risk of negative outcome, and interference with ongoing business operations.

Judge Steve C. Jones of the United States District Court for the Northern District of Georgia has determined that the Litigation should proceed as a class action, for purposes of settlement only, with Plaintiff Michael Briggs as the representative of the Class, and has granted preliminary approval of the settlement, subject to a final fairness hearing discussed below.

2. What is the proposed settlement?

Defendant has modified its data security practices regarding consumer data, though it denies that such modifications were necessary to comply with applicable law. Defendant has agreed to provide cash benefits and two years of credit monitoring to those individuals who complete a Claim Form via the internet or by mail to the Claims administrator using this website or the mailing address provided on the Claim Form. Individuals who have suffered unreimbursed economic losses may make a claim for up to $5,000. Individuals who have suffered lost time may submit a claim for up to $150. Or, in the alternative to payments for unreimbursed economic losses or lost time, individuals may request an alternative cash payment of $100. All claims are subject to pro rata adjustments.

Claim Forms are available via the internet and must be submitted to the Claims Administrator online via this website or by mail to the address provided on the Claim Form by February 11, 2025. Class members who lack internet access may contact Plaintiffs’ counsel using the information set forth below for assistance in processing a claim.

Subject to Court approval, Class Representative and named plaintiff Michael Briggs will be paid a service award of up to $2,500 for his services as Class Representative and his efforts in bringing this Litigation, and the attorneys for the Class (“Class Counsel”) will request to be paid up to $216,666.67 for their attorneys’ fees, plus reimbursement of costs. The final decision regarding the amount of attorneys’ fees, costs, and enhancements that will be paid to Class Counsel and the Class Representative are subject to the discretion of the Court and the Court’s approval.

3. What is the final judgment and release of all claims?

If the Court approves the proposed settlement, it will enter a final judgment. Under the final judgment, all Class Members who do not validly and timely request to be excluded from the proposed settlement will release all claims, causes of action of every kind and description, liabilities, rights, demands, suits, matters, obligations and damages (including consequential damages, losses or costs, liquidated damages, statutory damages, punitive damages, attorneys’ fees and costs), whether known or unknown (including Unknown Claims) and whether in law or in equity, that the Settlement Class Members (and the respective heirs, administrators, representatives, attorneys, agents, officers, directors, employees, parents, subsidiaries, administrators, partners, predecessors, successors, assigns, subrogees, insurers, co-insurers, reinsurers and insurance brokers of each of Plaintiff, Settlement Class Counsel and the Settlement Class Members and all other legal or natural persons who may claim by, through or under them who have not excluded themselves from the Settlement Class) had, have or may have against North Highland or the Released Parties that result from, arise out of, are based upon, or relate to the Data Incident.

4. When is the Final Fairness Hearing?

On March 26, 2025, at 4:00 p.m. EST, a hearing will be held on the fairness of the proposed settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement. The hearing will take place before Judge Steve C. Jones in Courtroom 1907 of the United States District Court for the Northern District of Georgia, located at 75 Ted Turner Drive, SW, Atlanta, GA 30303.

5. How do I receive Settlement benefits?

You must complete and return a Claim Form to the third-party Claims Administrator no later than February 11, 2025. In order to receive payment or Credit Monitoring from the Settlement, you must submit a valid Claim Form by filing a claim online, returning the postcard Claim Form you received, or by downloading, completing, and returning a Claim Form from the Important Documents page of this website. If you lack internet access you may contact Settlement Class Counsel for assistance in processing your form using Plaintiffs’ counsel’s contact information in FAQ 9.

If you do not submit a valid and timely Claim Form, you shall receive no benefits under the settlement, but you will still be bound by the settlement unless you exclude yourself. The date of delivery of a claim form is deemed to be the date of the online submission of the form to the Claims Administrator or the date of the postmark when the Claim Form was returned by mail.

6. How do I exclude myself from the Settlement?

You have the right to exclude yourself from the Class and the settlement. To exclude yourself from the Class, you must send a letter by U.S. Mail saying that you wish to do so.

For a Request for Exclusion to be properly completed and executed, subject to approval by the Court, it must: (a) state the Settlement Class Member’s full name, address and telephone number; (b) contain the Settlement Class Member’s personal and original signature or the original signature of a person authorized by law to act on the Settlement Class Member’s behalf with respect to a claim or right such as those asserted in the Litigation, such as a trustee, guardian or person acting under a power of attorney; and (c) state unequivocally the Settlement Class Member’s intent to be excluded from the settlement.

All Requests for Exclusion must be submitted individually in connection with a Settlement Class Member, i.e., one request is required for every Settlement Class Member seeking exclusion.

You must postmark your exclusion request to the address below no later than February 11, 2025:

North Highland Data Breach Settlement
Settlement Administrator
PO Box 25226
Santa Ana, CA 92799

REQUESTS FOR EXCLUSION THAT ARE NOT POSTMARKED ON OR BEFORE FEBRUARY 11, 2025, WILL NOT BE HONORED.

You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any other location or after the February 11, 2025, deadline. The letter must be signed by you.

If you timely and validly request exclusion from the Class, you will be excluded from the Class, you will not be bound by the judgment entered in the Consumer Action, and you will not be precluded from otherwise prosecuting any individual claim, if timely, against Defendant based on the conduct complained of in the Consumer Action.

7. How do I object to the Settlement?

If you are a Class Member, you can object to the proposed settlement if you do not think the proposed settlement is fair, reasonable or adequate. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter stating that you object to the proposed settlement. Be sure to include all of the following: (a) the objector’s full name, address, telephone number and email address; (b) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (c) a statement as to whether the objection applies only to the Settlement Class Member, to a specific subset of the Settlement Class, or to the entire class; (d) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection the objector believes applicable; (e) the identity of any counsel representing the objector; (f) a statement whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel and, if through counsel, identifying that counsel; (g) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; and (h) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any).

Mail your Objection to the following place, postmarked no later than February 11, 2025:

North Highland Data Breach Settlement
Settlement Administrator
PO Box 25226
Santa Ana, CA 92799

If your objection is rejected, you will be bound by the final judgment just as if you had not objected.

You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own personal attorneys’ fees and costs.

8. How do I attend the Final Fairness Hearing?

You do not have to attend the hearing. Class Counsel will answer questions the Court may have. You are welcome, however, to come at your own expense. If you submit a written objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating you intend to appear at the Fairness Hearing. Be sure to include (1) the name of the Litigation (“Briggs v. The North Highland Company”); (2) your full name, current address, and telephone number; (3) your signature; (4) the words “Notice of Intention to Appear” at the top of the document; (5) the points you wish to speak about at the Fairness Hearing; and (6) the identity (name, address, and telephone number) of any lawyer who will speak on your behalf at the Fairness Hearing.

Please send your Notice of Intention to Appear to the Settlement Administrator at the address contained in FAQ 7, and postmark it by February 11, 2025.

You cannot speak at the hearing if you have excluded yourself from the settlement.

9. How do I get additional information?

This description of the Litigation is general and does not cover all of the issues and proceedings thus far. For further information, you may contact Settlement Class Counsel, Matthew R. Wilson, Meyer Wilson Co., LPA, 305 W. Nationwide Blvd, Columbus, OH 43215, (614) 224-6000. You may also periodically visit this website or call the Claims Administrator at 833-285-3419.

DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE.