Colston et al. v. Envision Credit Union

The Court directed that this Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the payments and other benefits the Settlement allows. This Notice explains the lawsuit, the Settlement, your legal rights, what payments and other benefits are available, who is eligible for them, and how to get them.

The Court in charge of this case is the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, Civil Circuit Division. The case is known as Colston et al. v. Envision Credit Union, Case No. 2022CA001476 (the “Lawsuit”). The people who filed the Lawsuit are called the Plaintiffs and the entity they sued, Envision Credit Union, is called the Defendant.

The Lawsuit claims Defendant was responsible for the Data Breach and currently asserts claims such as: negligence, negligence per se, breach of implied contract, unjust enrichment, and breach of confidence. The Lawsuit seeks, among other things, payment for persons who were injured by the Data Breach.

Defendant has denied and continues to deny all of the claims made in the Lawsuit, as well as all charges of wrongdoing or liability against it.

In a class action, one or more people called Class Representatives (in this case, Ken Colston and Cathy Clemons) sue on behalf of people who have similar claims. Together, all these people are called a Class or Class members. One Court and one judge resolves the issues for all Class members, except for those who exclude themselves from the Settlement Class.

The Court did not decide in favor of the Plaintiffs or Defendant. Instead, the parties negotiated a settlement that allows them to avoid the risks and costs of lengthy litigation and the uncertainty of a trial and appeals. It also allows Settlement Class members to obtain payments as specified and credit monitoring services without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class members. This Settlement does not mean that Defendant did anything wrong.

You are part of this Settlement as a Settlement Class member if your full name and other personally identifiable information was accessed during the Data Breach.

Yes. Specifically excluded from the Settlement Class are: (i) Envision Credit Union and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge assigned to evaluate the fairness of this settlement; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Breach or who pleads nolo contendre to any such charge.

Each Settlement Class Member can claim up to $300 for: (1) Ordinary Expense Reimbursements and (2) Lost Time (FAQ 8, below). Settlement Class Members can also claim up to an additional $4,000 in Extraordinary Expense Reimbursements (FAQ 8, below). You may submit a claim for either or both types of payments. To claim each type of payment, you must provide specified documentation with the Claim Form.

Settlement Class Members can also make a claim for 36-months of credit monitoring and identity protection services (FAQ 9, below).

The Settlement also provides for and addresses remedial measures and security enhancements undertaken by Defendant.

Ordinary Expense Reimbursements, Lost Time, and Extraordinary Expense Reimbursements are capped at $250,000. Payments will be reduced pro rata should the valid claims exceed $250,000.  

Credit Monitoring, the cost of Notice and Claims Administration, and any service awards and attorneys’ fees approved by the Court are to be paid by Defendant separate from the $250,000 available for payment of ordinary expense reimbursements, lost time, and extraordinary expense reimbursements. 

Class Members are eligible to receive reimbursement of up to $300 (in total) for the following attested to out-of-pocket expenses, as supported by documentation substantiating the full extent of the amount claimed and having resulted from the Data Breach including but not limited to:

• bank fees,
• long distance phone charges,
• cell phone charges (only if charged by the minute),
• data charges (only if charged based on the amount of data used),
• postage
• gasoline for local travel
• reimbursement of fees for credit reports, credit monitoring, or other identity theft insurance products purchased between August 5, 2021 and the date of the close of the claims period.

Included within the $300, Settlement Class Members may make a claim for up to three (3) hours of time spent dealing with the Data Breach, to be paid at $25 per hour. To receive payment, the time spent must be reasonably described and supported by an attestation.  Such time can include:

• time spent dealing with replacement card issues, reversing fraudulent charges, rescheduling medical appointments and/or finding alternative medical care and treatment, retaking or submitting to medical tests, locating medical records, retracing medical history, and any other demonstrable form of disruption to medical care and treatment, but only if at least one full hour was spent.

Settlement Class Members may also make a claim for up to $4,000 in Extraordinary Expense Reimbursements where (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Data Breach; (iii) the loss occurred during a specific time period; (iv) the loss is not already covered by the Ordinary Loss category at § 2.1.1; and (v) the settlement class member has made reasonable efforts to avoid or seek reimbursement for the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance. 
 

Class Members who submit a valid claim are eligible to enroll in a total of 36-months of credit monitoring services through IDX. IDX services include: single-bureau credit monitoring and alerts, dark web monitoring, identity theft insurance coverage for up to $1,000,000, and fully managed identity recovery services.

To ask for a payment, you must complete and Submit a Claim Form. Claim Forms are available on the Important Documents page, or you may request one by mail by calling 1-833-906-3334. Read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than May 13, 2023 to:

The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may require additional information from any claimant. If the required information is not timely provided, the claim will be considered invalid and will not be paid.

Additional information regarding the claims process can be found in ¶¶ 2.7 et al. of the Settlement Agreement, available at the Important Documents page on this website.
 

The Court will hold a Telephonic Final Fairness Hearing at 1:30 p.m. on April 13, 2023 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals can be resolved favorably, and resolving them can take time. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether appeals are filed. Please be patient.

You do not have to do anything to remain in the Settlement, but if you want to qualify for a payment or credit monitoring services you must submit a valid Claim Form postmarked by May 13, 2023.

If the Settlement becomes final, you will give up your right to sue Envision for the claims being resolved by this Settlement. The specific claims you are giving up against Envision are described in Section 6 of the Settlement Agreement. You will be “releasing” Envision and all related people or entities as described in Paragraphs 6.1-6.4 of the Settlement Agreement. The Settlement Agreement is available at the Important Documents page.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions about what this means you can talk to the law firms listed in FAQ 18 for free or you can, of course, talk to your own lawyer at your own expense.

No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.

No. Unless you exclude yourself from the Settlement, you give up any right to sue Envision 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 to ask for a payment or other benefits.

To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Colston et al. v. Envision Credit Union, Case No. 2022CA001476. Your letter must also include your name, address, telephone number and signature. You must mail your exclusion request postmarked no later than March 14, 2023 to:

Yes. The Court appointed Gary E. Mason and Danielle L. Perry of Mason LLP located at 5335 Wisconsin Ave. NW, Ste 640, Washington, District of Columbia, 20015-2052 to represent you and other Settlement Class members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees and litigation costs in the amount of $170,000, to be paid separate and apart from the relief to Settlement Class Members. Class Counsel will also request approval of a service award of $2,500 for each of the two Class Representatives. If approved, these amounts, as well as the costs of notice and settlement administration, will be paid separately by Defendant and will not reduce the amount of total payments available to Settlement Class members.

If you are a Settlement Class member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and Defendant’s Counsel a written notice stating that you object to the Settlement in Colston et al. v. Envision Credit Union, Case No. 2022CA001476.

Your objection must:

1. the objector’s full name, address, telephone number, and e-mail address (if any); 
2. information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident); 
3. a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; 
4. the identity of all counsel representing the objector;
5. a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing;
6. the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and 
7. a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years.

Your objection must be filed with the Clerk of Court, for the Second Judicial Circuit in and for Leon County, Florida 301 S. Monroe St., Tallahassee, Florida 32301 and mailed or hand delivered to Class Counsel and Defendant’s Counsel at the addresses below no later than March 14, 2023.

Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.

The Court will hold a Telephonic Final Fairness Hearing at 1:30 p.m. on April 13, 2023, in the Second Judicial Circuit in and for Leon County, Florida, 301 S. Monroe St., Tallahassee, Florida 32301. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly-filed written objections and may also listen to people who have asked to speak at the hearing (see FAQ 20). The Court will also decide whether to approve fees and costs to Class Counsel, and the service award to the Class Representatives.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

Yes, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must follow the instructions provided in FAQ 20 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing, you will not receive any compensation from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and the Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or related parties about the issues involved in the Lawsuit, resolved by this Settlement, and released by the Settlement Agreement.

Yes. The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available on the Important Documents page, or by writing to the Envision Data Breach Settlement Administrator, P.O. Box 58220, Philadelphia, PA 19102.

Visit this website, call 1-833-906-3334, or write to the Envision Data Breach Settlement Administrator, P.O. Box 58220, Philadelphia, PA 19102.

Please do not call the Court or the Clerk of the Court for additional information. They cannot answer any questions regarding the Settlement or the Lawsuit