The Court authorized that a postcard notice be issued because Class Members 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 website explains the legal rights and options that you may exercise before the Court decides whether to approve the Settlement.Back To Top
The lawsuit alleges that Roadrunner violated certain duties with respect to the personal data of current and former employees and, as a result, in April 2018 and May 2018 an unauthorized third party may have gained access to HR Data (“Data Exposure”). Roadrunner denies any wrongdoing and denies all claims asserted against it in the Lawsuit. Both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation. You can view Plaintiff’s Complaint, the Settlement Agreement, and other case documents here.Back To Top
In a class action, the class representative (in this case, Plaintiff George Nelson), sues on behalf of a group (or a “Class”) of people (“Class Members”). In this case, the class representative sued on behalf of people who have similar claims regarding the Data Exposure.Back To Top
To avoid the cost, risk, and delay of litigation, the Parties reached a Settlement Agreement as to the claims of Plaintiff and the Class.Back To Top
For settlement purposes, the Court has certified a Class consisting of all people who meet the following definition:
All current and former Roadrunner employees whose HR Data was compromised as a result of the Data Exposure which occurred between April 2018 and May 2018.Back To Top
To have been eligible for payment, you must have completed and submitted a Claim Form by March 22, 2021. Now that the claim filling deadline has passed, the Settlement Administrator can no longer accept any new Claim Form submissions.Back To Top
By staying in the Settlement Class, all of the Court’s orders will apply to you, and you give Roadrunner a “release.” A release means you cannot sue or be part of any other lawsuit against Roadrunner or its related persons about the claims or issues in this lawsuit and you will be bound by the Settlement. For your convenience, the Release, which necessarily is drafted in legal-sounding language, can be found here. The Release contains references to several capitalized terms that are defined in more detail in the Settlement Agreement, including for example “Released Claims.” For more information, please see the Recitals section, part I, of the Settlement Agreement.Back To Top
The May 26, 2020 deadline to exclude yourself has now passed, and it is no longer possible to do so.Back To Top
No. If the Court approves the Settlement and you do not opt-out by the deadline, you will be subject to the release of claims described in FAQ 7, and will lose your right to sue Roadrunner for relief arising from the Released Claims. You will receive a monetary payment from the Settlement only if you do not exclude yourself.Back To Top
To represent the Settlement Class, the Court has appointed John A. Yanchunis and Jonathan B. Cohen, Morgan & Morgan Complex Litigation Group, 201 N. Franklin Street, 7th Floor, Tampa, Florida 33602, and Shannon M. McNulty, Clifford Law Offices, P.C., 120 North Lasalle Street, 31st Floor, Chicago, IL 60602, as “Class Counsel.”
For litigating the case and negotiating the Settlement, Class Counsel will request from the Court an award of attorneys’ fees, costs, and expenses not to exceed $388,000.00. None of the sums awarded for fees, costs, and expenses will reduce the sums available to be paid to Settlement Class Members. Any awards of attorneys’ fees, costs, or expenses are subject to Court approval. You may hire your own attorney, but only at your own expense.Back To Top
The class representative will receive his portion of the Settlement as a Settlement Class Member and a payment of up to $2,500.00 as a service award for having pursued this action. Any service award is subject to Court approval.Back To Top
The June 25, 2020 deadline to object to the Settlement has now passed, and it is no longer possible to do so.Back To Top
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you don’t exclude yourself from the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Back To Top
The Court held a final approval and fairness hearing on August 25, 2020, before Judge Sara L. Ellis at the Dirksen Federal Building, Courtroom 1403, 219 South Dearborn Street, Chicago, Illinois 60604. The purpose of the hearing was for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class and to rule on applications for compensation for Class Counsel and a service award for the class representative. At that hearing, the Court was available to hear any objections and arguments concerning the fairness of the proposed settlement.Back To Top
This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other case documents here.
You may also contact Class Counsel with questions at:
John A. Yanchunis
Morgan & Morgan Complex Litigation Group
201 N Franklin Street, 7th Floor
Tampa, FL 33602
Shannon M. McNulty
Clifford Law Offices
120 North Lasalle Street, 31st Floor
Chicago, IL 60602
PLEASE DO NOT CALL THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.Back To Top
All requests for reissue must be submitted in writing and signed. Please send your reissue request, along with the check to reissue, if available, to the following address:
Roadrunner Settlement Administrator
P.O. Box 4068
Portland, OR 97208-4068
If you are requesting your award to be sent to a new address, please provide your previous and current address.
Name Change: If your name has changed, please provide documentation showing this to be the case, which can include documents such as a marriage certificate or court papers indicating a name change.
Deceased Class Member: If the Class Member indicated on the check is deceased, please submit a copy of the death certificate and indicate the name and address you are requesting the check reissue to be sent to.
Incapacitated Class Member: If the claimant cannot act on his or her own behalf, please submit acceptable documentation in the form of Power of Attorney, guardianship or custodial paperwork. Please also provide the name and address you are requesting the check reissue to be sent to.
Please note that all award payment reissues will be sent via check. Unfortunately, at this time we cannot provide a specific date when your check will be reissued. Thank you for your patience.Back To Top
If you elected to enroll in Experian's IdentityWorks theft protection services on your claim, a letter was mailed to you on December 24, 2020 containing an enrollment code and instructions to receive this service. Payments to valid claims commenced on December 24, 2020. Letters requesting additional information to cure incomplete claims will mail after the claim filing deadline, with a 30-day return deadline. Once responses are processed, a second round of payments will be issued to those whom cured their incomplete claim.Back To Top