Beasley v. TTEC Services Corporation Settlement

Settlement Class Members are eligible to receive payment from a proposed settlement of four Lawsuits. The court overseeing two of the Lawsuits pending in the District of Colorado authorized the Notice to advise Settlement Class Members about the proposed settlement that will affect their legal rights. This website and the Notice explain certain legal rights and options Settlement Class Members have in connection with the settlement.

The Lawsuits are proposed class action lawsuits brought on behalf of certain current and former TTEC employees and/or clients whose information may have been obtained by unauthorized individuals as part of the Data Security Incident. The affected information may include names, dates of birth, healthcare ID numbers, medical histories, and Social Security numbers.

The Lawsuits claim Defendants are legally responsible for the Data Security Incident and assert various legal claims, including negligence, breach of implied contract, invasion of privacy, breach of confidence, unjust enrichment, and violations of state privacy statutes, including the California Consumer Privacy Act. Defendants deny these claims and deny that they did anything wrong.

In a class action, one or more representative plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all of these people are the “class” and each individually is a “class member.” There are seven Representative Plaintiffs in this case: Yolanda Beasley, Kimberly Shears-Barnes, Sheneequa Carrington, Jolynn Frost, David Anderson, David Barocas, and Brent Lett. The class in these cases is referred to in the Notice as the “Settlement Class.”

The Representative Plaintiffs in the Lawsuits, through their attorneys, investigated the facts and law relating to the issues in the Lawsuits. The Representative Plaintiffs and Settlement Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Representative Plaintiffs’ claims or Defendants’ defenses have any merit, and it will not do so if the proposed settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive compensation. The settlement does not mean that Defendants did anything wrong or that the Representative Plaintiffs and the Settlement Class would or would not win their case if it were to go to trial.

The Settlement Class is defined by the Court as all individuals within the United States

1. whose protected health information or personal identifying information was stored, possessed or controlled by TTEC; and
2. who were affected by the TTEC Data Security Incident that occurred in approximately March to September 2021.

Excluded from the Settlement Class is any judge presiding over the Litigation and any members of their first-degree relatives, judicial staff, and persons who timely and validly request exclusion from the Settlement Class.

The proposed settlement would create a Settlement Fund of $2,500,000 that would be used to pay all costs of the settlement, including the following:

1. Payments to Settlement Class Members who submit valid claims
2. Costs of administration and notice (approximately $170,000)
3. Any attorneys’ fees and costs awarded by the Court to Settlement Class Counsel (up to $750,000 plus litigation costs and expenses of up to $20,000)
4. the cost of providing members of the Settlement Class 36 months of identity theft protection services
5. Any Service Awards to the Representative Plaintiffs awarded by the Court (up to $17,500 total)

The settlement also releases all claims or potential claims of Settlement Class Members against Defendants arising from or related to the Data Security Incident, as detailed in the Class Settlement Agreement and Release.

Settlement Class Members who do not validly exclude themselves from the settlement will be bound by the Class Settlement Agreement and Release and any final judgment entered by the Court, and will give up their right to sue Defendants for the claims being resolved by the settlement, including all claims or potential claims of Settlement Class Members against Defendants arising from or related to the Data Security Incident. The claims that Settlement Class Members are releasing are described in Section 1.32 of the Class Settlement Agreement and Release, and the persons and entities being released from those claims are described in Section 1.33 of the Class Settlement Agreement and Release. Section 8 of the Class Settlement Agreement and Release explains when such releases will occur. A copy of the Class Settlement Agreement and Release can be downloaded here.

Settlement Class Members who submit valid claims and any required documentation may receive one or more of the following, to be paid from the Settlement Fund:

1. A Basic Award of $100
2. A California Subclass Award of $100
3. 36 months of identity theft protection services
4. A Reimbursement Award

Settlement Class Members who were residents of California at any time from March 31, 2021, to September 12, 2021 (“California Settlement Subclass Members”), who submit valid claims will receive the $100 California Subclass Award in addition to the $100 Basic Award, Reimbursement Award, and identity theft protection services. Depending on how many valid claims are submitted, the amounts of the Basic Award and California Subclass Award will be adjusted upward or downward proportionally among Settlement Class Members submitting valid claims for those awards, as explained further in FAQ 11.

Every Settlement Class Member is eligible to receive a $100 Basic Award, and every California Settlement Subclass Member is eligible to receive an additional $100 California Subclass Award, regardless of whether he or she experienced any unauthorized charges or identifiable losses related to the Data Security Incident. Settlement Class Members seeking a Basic Award and/or a California Subclass Award must provide the information required on the Claim Form. The $100 Basic Award and the $100 California Subclass Award are subject to upward or downward adjustment, as described below in FAQ 11.

Eligibility for any award, including the Basic Award and California Subclass Award, is within the discretion of the Claims Administrator, as outlined in FAQ 16.

Settlement Class Members who, at any time from March 31, 2021, to September 6, 2023, experienced unauthorized or fraudulent charges or Out-of-Pocket Expenses that are fairly traceable to the Data Security Incident are eligible to receive a Reimbursement Award of up to $5,000 as reimbursement for those charges and expenses. The following types of Out-of-Pocket Expenses may be claimed:

1. Payment card fees or bank fees, including card reissuance fees, overdraft fees, charges related to unavailability of funds, late fees, over-limit fees, and fees relating to an account being frozen or otherwise unavailable due to the Data Security Incident
2. Cell, internet, or text charges
3. Costs or charges for obtaining credit reports, credit freezes, or credit monitoring or identity theft protection services (up to two years of coverage)
4. Postage costs

You cannot recover for emotional distress. Claimants must exhaust all available credit monitoring insurance and identity theft insurance before seeking a Reimbursement Award. Settlement Class Members seeking a Reimbursement Award must provide the information and documents required on the Claim Form.

The amounts paid for all Basic Awards and California Subclass Awards will be adjusted upward or downward from the amounts listed in FAQ 9 depending on how many Settlement Class Members submit valid claims.

If the total dollar value of all valid claims is less than the amount of money available in the Settlement Fund for payment of those claims, the amounts for Basic Awards and California Subclass Awards will be adjusted upward proportionally among all valid claims for those awards until the amounts remaining in the Settlement Fund are exhausted (or as nearly as possible).

If the total dollar value of all valid claims is more than the amount of money available in the Settlement Fund for payment of those claims, the amount of the payments for Basic Awards and California Subclass Awards will be adjusted downward proportionally among all Settlement Class Members who submitted valid claims for Basic Awards and California Subclass Awards.

If there are any funds remaining after all valid claims are processed and the time to cash any payment checks has passed, those funds shall be distributed as directed by the Court, including potential distribution to a charitable organization. No remaining funds will be returned to Defendants.

If you are a Settlement Class Member, you do not have to do anything to remain in the settlement. However, if you wish to seek an award under the settlement, you must complete and submit a Claim Form postmarked or submitted online here by September 6, 2023.

If you do not want to give up your right to sue Defendants about the Data Security Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. The deadline to exclude yourself has now passed.

If you wish to object to the settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and submit a written objection. The deadline to submit an objection has now passed.

If you do nothing, you will get no award from this settlement. Unless you exclude yourself, after the settlement is granted final approval and the Judgment becomes final, you will be bound by the Judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants related to the claims released by the settlement.

You may complete the Claim Form online here. You may also obtain a paper Claim Form by downloading it here (coming soon) or by calling the Claims Administrator at 1-800-391-1531. If you choose to complete a paper Claim Form, you must submit the completed and signed Claim Form, along with any supporting materials, by mail to the following address:

Beasley v. TTEC Services Corp.
Claims Administrator
P.O. Box 2889
Portland, OR 97208-2889

The Claims Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to timely provide all required information will invalidate a claim, and it will not be paid.

The deadline to exclude yourself has now passed.

No. If you exclude yourself, you will not be entitled to any award. However, you will also not be bound by any Judgment in these Lawsuits.

No. Unless you exclude yourself, you give up any right to sue Defendants 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 requesting a payment.

The deadline to submit an objection has now passed.

The Court held a Final Approval Hearing on August 18, 2023. The Court has not yet entered an Order. We will update this website once more information becomes available. We appreciate your patience.

No. You do not need to attend the hearing unless you object to the settlement and wish to appear in person. It is not necessary to appear in person in order to make an objection; the Court will consider any written objections properly submitted according to the instructions in FAQ 20. You or your own lawyer are welcome to attend the hearing at your expense but are not required to do so.

If the Court approves the settlement and no appeal is taken, the Settlement Fund will be fully funded. The Claims Administrator will pay any attorney fees and costs award and any Representative Plaintiffs’ Service Awards from the Settlement Fund. Then, within the later of 30 days after the Effective Date or 30 days after all disputed claims have been resolved, the Claims Administrator will send settlement payments to Settlement Class Members who submitted timely and valid claims.

If any appeal is taken, it is possible the settlement could be disapproved on appeal.

If the Court does not approve the settlement, no Settlement Fund will be created; there will be no settlement payments to Settlement Class Members, Settlement Class Counsel, or the Representative Plaintiffs; and the case will proceed as if no settlement had been attempted.

The Court has appointed the following Class Counsel to represent the Settlement Settlement Class in the Lawsuits:

Settlement Class Members will not be charged for the services of Settlement Class Counsel; Settlement Class Counsel will be paid out of the Settlement Fund, subject to Court approval. However, you may hire your own attorney at your own cost to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing.

Settlement Class Counsel will request the Court’s approval of an award for attorneys’ fees up to one-third (33.3%) of the Settlement Fund (or up to $750,000), plus reasonable costs and expenses (up to $20,000), which shall be paid from the Settlement Fund. Settlement Class Counsel will also request approval of Service Awards of $2,500 to each of the Representative Plaintiffs (a total of $17,500), which shall also be paid from the Settlement Fund.

Defendants are represented by the following lawyers:

Gregory T. Parks
Kristin M. Hadgis
MORGAN, LEWIS & BOCKIUS LLP
1701 Market St.
Philadelphia, PA 19103-2921

This website and the Class Notice summarize the proposed settlement. For the precise terms and conditions of the settlement, please see the Class Settlement Agreement and Release, available here, by contacting Settlement Class Counsel at the phone numbers provided in FAQ 25, by accessing the Court docket in this case, for a fee through the Court’s Public Access to Court Electronic Records (PACER) system at http://www.cod.uscourts.gov/CourtOperations/PACER.aspx, or by visiting the Office of the Clerk, U.S. District Court for the District of Colorado, 901 19th Street, Room A105, Denver, CO 80294-3589 between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding Court holidays.

Epiq will act as the Claims Administrator for the settlement. You can contact the Claims Administrator by phone at 1-800-391-1531 or by mail at the following address:

Beasley v. TTEC Services Corp.
Claims Administrator
P.O. Box 2889
Portland, OR 97208-2889

Please do not contact the Court.