Sherwood, et al. v Horizon Actuarial

The class action lawsuit concerns a data security incident that occurred in November 2021 (the "Data Security Incident") involving Horizon Actuarial Services, LLC. ("Horizon Actuarial" or "Defendant") in which it was determined that an unauthorized third party may have gained access to certain Horizon Actuarial servers containing personal information of individuals associated with the multi employer benefit plans Horizon Actuarial services, including names, Social Security numbers, dates of birth and benefit plan information ("Private Information"). Horizon Actuarial denies any wrongdoing and denies that it has any liability, but has agreed to settle the lawsuit on a classwide basis.

You are affected by the Settlement and potentially a member of the Settlement Class if you reside in the United States and your Private Information may have been impacted during the Data Security Incident, including if you were mailed a notification by or on behalf of Horizon Actuarial regarding the Data Security Incident.

Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are (1) the judge presiding over the class action lawsuit and her direct family members; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Settlement Class Members who submit a valid request to be excluded from the Settlement. If you are not sure whether you are included in the Settlement, you may call 1-877-395-9210 with questions. You may also write with questions to:

Horizon Actuarial Settlement Administrator
P.O. Box 4298
Portland, OR 97208-4298

The Settlement provides that Defendant will fund the following payments up to a total of $8,733,446.36: (a) up to $5,000 for reimbursement of your documented Out-of-Pocket Losses reasonably traceable to the Data Security Incident; (b) $25 per hour, up to a total of $125, for Settlement Class Members who attest that the time claimed was actually spent as a result of the Data Security Incident; and (c) an up to $50 payment, subject to adjustment as set forth below. Settlement Class Members who were living in California at the time of the Data Security Incident may claim an additional payment of up to $50.

Defendant will also fund a $50,000 Designated Cy Pres Payment, to be paid from the Settlement Fund.

The Cash Payment and California payment will be dispersed after the distribution of attorneys’ fees, Class Counsel’s litigation expenses, Notice and Administrative Expenses, Designated Cy Pres, and other Settlement benefits to claimants. The amount of these Cash and California payments are subject to pro rata reduction as needed in the event that the total claims exceed the $8,733,446.36 cap on payments to be made by Defendant. Any uncashed checks will be expended from the Settlement Fund through a cy pres distribution. Payment of (1) attorneys’ fees, costs, and expenses (see FAQ 8) and (2) the costs of notifying the Settlement Class and administering the Settlement will also be paid out of the Settlement Fund.

Settlement Class Members who submit a claim are eligible to receive one or more of the following benefits:

1. Reimbursement of actual, documented, unreimbursed Out-of-Pocket Losses resulting from the Data Security Incident (up to $5,000 in total), such as the following incurred on or after November 10, 2021:
   • any costs incurred from credit monitoring services or ordering copies of your credit report;
   • late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, and/or card cancellation or replacement fees;
   • late fees from transactions with third parties that were delayed due to fraud or card replacement;
   • unauthorized charges on credit, debit, or other payment cards that were not reimbursed;
   • parking expenses or other transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement payment card;
   • costs incurred obtaining credit freezes; and other expenses that are reasonably attributable to the Data Security Incident that were not reimbursed;
2. Compensation for time spent (lost time) remedying issues related to the Data Security Incident, up to 5 hours at $25.00/hour for time spent in response to the Data Security Incident for a total amount of up to $125 (subject to the $5,000 cap on Out-of-Pocket Losses); and/or;
3. A cash payment of up to $50 for Settlement Class Members who were living in California at the time of the Data Security Incident), and a cash payment of up to $50 for all Settlement Class Members who claim it. These payments may be adjusted downward pro rata based on how many other claims are made.

To receive a benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”) available here or by calling 1-877-395-9210.

The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner then the Claim will be considered invalid and will not be paid.

The Court will hold a Final Approval Hearing on April 2, 2024, at 2:00 p.m. ET to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.

The Defendant gets a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and other persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Security Incident. This release is described in the Settlement Agreement, which is available here. If you have any questions you can talk to the law firms listed in FAQ 8 for free or you can talk to your own lawyer.

If you do not want to be part of this Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class.

If you exclude yourself you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.

Unless you exclude yourself, you give up any right to sue Defendant (and any other Released Parties) 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 want to exclude yourself, then do not submit a Claim Form to ask for any benefit under the Settlement.

To exclude yourself, send a letter that says you want to be excluded or opt-out from the Settlement in Sherwood, et al. v. Horizon Actuarial Services, LLC, No. 1:22-cv-01495-ELR (N.D. Ga.). The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the Settlement. You must mail your exclusion request postmarked by January 22, 2024, to:

Horizon Actuarial Settlement Administrator
Attn: Exclusion Request
P.O. Box 4298
Portland, OR 97208-4298

You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision on whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, you must mail your objection to the Clerk of the Court and the Settlement Administrator, at the mailing addresses listed below, postmarked by no later than the Objection Deadline, January 22, 2024:

Your objection must be written and must include all of the following:

1. the name of the proceedings;
2. the Settlement Class Member’s full name, current mailing address, and telephone number;
3. a statement of the specific grounds for the objection, as well as any documents supporting the objection;
4. the identity of any attorneys representing the objector;
5. a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing;
6. a statement identifying all class action settlements objected to by the Settlement Class Member in the previous five years; and
7. the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the Settlement. If you exclude yourself, then you have no basis to object because you are no longer a member of the Settlement Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

The Court appointed Terence R. Coates of Markovits, Stock & DeMarco, LLC; Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC; and Kenya J. Reddy of Morgan & Morgan as Class Counsel to represent the Class. If you want to be represented by your own lawyer, then you may hire one at your own expense.

Class Counsel will ask the Court for an award for attorneys’ fees up to $2,911,148.79, plus litigation expenses not to exceed $50,000.00. Defendant has agreed not to object to any award of attorneys’ fees, costs, and expenses up to those amounts, to the extent they are approved by the Court. This payment for any attorneys’ fees and expenses to Class Counsel will be made out of the Settlement Fund. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Any award for attorneys’ fees and expenses for Class Counsel must be approved by the Court. The Court may award less than the amount requested. Class Counsel’s papers in support of final approval of the Settlement will be filed no later than February 6, 2024, and their application for attorneys’ fees, costs, and expenses will be filed no later than December 8, 2023, and will be posted on the Important Documents page.

The Court will hold a Final Approval Hearing at 2:00 p.m. ET on April 2, 2024, at

2167 Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303, or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommend checking this website or calling 1-877-395-9210.

Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 7, the Court will consider it.

You may ask the Court for permission to speak at the final fairness hearing. To do so, you must file an objection according to the instructions in FAQ 7, including all the information required. Your objection must be mailed to the Clerk of the Court and Settlement Administrator postmarked no later than January 22, 2024.

If you do nothing you will not get any money from this Settlement. If the Settlement is granted final approval and the judgment becomes final, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant and the other Released Parties based on any of the Released Claims related to the Data Security Incident, ever again.

This website and the notice summarize the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available here. You may also call the Settlement Administrator with questions or to receive a Claim Form at 1-877-395-9210.

The Notice is approved by the United States District Court for the Northern District of Georgia. DO NOT CONTACT THE COURT DIRECTLY IF YOU HAVE QUESTIONS ABOUT THE SETTLEMENT. Please contact the Settlement Administrator or Class Counsel if you have any questions about the Settlement.