Frequently Asked Questions

Settlement Class Members are eligible to receive an Award from a proposed settlement of the Litigation. The Court overseeing the Litigation in the 23rd Judicial Circuit Madison County, Alabama authorized this Settlement Website to advise Settlement Class Members about the proposed settlement that will affect their legal rights. This Settlement Website explains certain legal rights and options Settlement Class Members have in connection with the settlement. 

The proposed class action Litigation brought on behalf of certain current and former Oakwood students and/or employees whose information may have been accessed and exfiltrated by unauthorized individuals as part of the Data Security Incident. The affected information may include dates of birth, US Alien Registration Numbers, Social Security Numbers, driver’s licenses, state identification numbers, and/or financial account information.

The Litigation claims Defendant is legally responsible for the Data Security Incident and asserts various legal claims, including negligence, breach of implied contract, and breach of the implied covenant of good faith and fair dealing. Defendant denies these claims and denies that it 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 “Settlement Class Member.” There is a Representative Plaintiff in this case, Frances Diaz. The class in these cases is referred to on this Settlement Website as the “Settlement Class”.

The Representative Plaintiff in the Litigation, through her attorneys, investigated the facts and law relating to the issues in the Litigation. Representative Plaintiff 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 Plaintiff’s claims or Defendant’s defenses have any merit, and it will not do so if the proposed settlement is made Final. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit Approved Claims will receive compensation. The settlement does not mean that Defendant did anything wrong, or that the Representative Plaintiff 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 Personal Information was stored, possessed or controlled by Oakwood; and (2) who were notified by Oakwood of the Data Security Incident. 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 be distributed on a claims-made basis. This means each Settlement Class Member who submits an Approved Claim may be eligible for one cash payment. Defendant will pay the total amount of the Approved Claims. Administrative Costs and Attorneys’ Fees and Expenses Award shall be paid by Oakwood separately and in addition to the total amount of Approved Claims. 

Settlement Class Members may make a Settlement Claim for: (i) credit monitoring services, (ii) an Award for lost time, and (iii) an Award for Out of Pocket Expenses. The settlement also releases all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Data Security Incident, as detailed in the Class Settlement Agreement.   

Settlement Class Members who do not validly exclude themselves from the settlement will be bound by the Class Settlement Agreement and any Final Judgment entered by the Court and will give up their right to sue Defendant for the claims being resolved by the settlement, including all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Data Security Incident. The claims that Settlement Class Members are releasing are described in Section 1.34 of the Class Settlement Agreement. The persons and entities being released from those claims are described in Section 1.35 of the Class Settlement Agreement. Section 8.2 of the Class Settlement Agreement explains when such releases will occur.   

Settlement Class Members who submit an Approved Claim and any required documentation may receive one or more of the following: 

1. Credit Monitoring Services: Settlement Class Members are eligible to receive 12 months of free three-bureau credit monitoring.
2. Lost Time Award: Settlement Class Members may be eligible to receive reimbursement for up to three (3) hours of lost time spent dealing with the Data Security Incident (at the rate of $25 per hour), but only if at least one (1) full hour was spent dealing with the Data Security Incident. 

Settlement Class Members may also request and receive reimbursement up to an additional three (3) hours of lost time (calculated at the rate of $25 per hour) if you:

1. Attest that any claimed lost time was spent responding to issues raised by the Data Security Incident; and
2. Provide documentation evidencing how the claimed lost time was spent related to the Data Security Incident. 
   
    
3. Out of Pocket Expenses Award: Settlement Class Members who incurred unreimbursed Out of Pocket Expenses as a result of the Data Security Incident may be eligible to receive an Award consisting of reimbursement of up to $5,000.

“Out of Pocket Expenses” means the following types of expenses actually incurred that are fairly traceable to the Data Security Incident, not to exceed $5,000 per Settlement Class Member: 

1. Unreimbursed payment card fees or unreimbursed bank fees, including unreimbursed card reissuance fees, unreimbursed overdraft fees, unreimbursed charges related to unavailability of funds, unreimbursed late fees, unreimbursed over-limit fees and unreimbursed fees relating to an account being frozen or otherwise unavailable due to the Data Security Incident; 
2. Unreimbursed cell, internet or text charges (only if charged by the minute, based on amount of data used, or based on amount of texts, respectively); 
3. Unreimbursed costs or charges for obtaining credit reports, credit freezes, or credit monitoring or identity theft protection services (up to two years of coverage) incurred on or after March 7, 2022, through the date of the Settlement Class Member’s claim submission during the Claims Period; 
4. Other unreimbursed costs associated with fraud or identity theft, including attorneys’ fees and accountant fees; and 
5. Postage costs.

Any Settlement Claim for Out of Pocket Expenses must be documented and supporting documentation must be included with any Settlement Claim submitted to the Claims Administrator.     

If there are any funds remaining after all Approved 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 Defendant. 

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 June 2, 2024. 

If you do not want to give up your right to sue Defendant about the Data Security Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class.  See Question 17 below for instructions on how to exclude yourself.

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. See Question 20 below for instructions on how to submit an objection.

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 Defendant 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 or by calling the Claims Administrator at (833) 425-8666. If you choose to complete a paper Claim Form, you may mail any supporting materials to: Frances Diaz v. Oakwood University, Inc. c/o Kroll Settlement Administration, PO Box 5324, New York, NY 10150-5324.

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. 

To opt out of the settlement, you must make a signed, written Request for Exclusion that (i) says you wish to exclude yourself from the Settlement Class in these Litigations, (ii) includes your full name, address, and telephone number and (iii) contains your personal and original signature or the original signature of a person authorized by law to act on your behalf. You must submit your Request for Exclusion by mail to this address:

          Frances Diaz v. Oakwood University, Inc.
c/o Kroll Settlement Administration
PO Box 5324
New York, NY 10150-5324 

Your exclusions request must postmarked by June 2, 2024.

No.  If you exclude yourself, you will not be entitled to any Award. However, you will also not be bound by any Judgment in the Litigation.

No.  Unless you exclude yourself, you give up any right to sue Defendant 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 an Award.

All Settlement Class Members who do not request exclusion from the Settlement Class have the right to object to the settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement.  If the Court denies approval, no settlement payments will be sent out and the Litigation will continue. If that is what you want to happen, you must object.

Any objection to the proposed settlement must be in writing and it and any supporting papers must be mailed to the Clerk of the Court, Settlement Class Counsel and counsel for Oakwood, at the mailing addresses listed below.  Your objection must be filed or postmarked no later than the Objection Deadline, June 2, 2024:

To be considered by the Court, your objection must list the name of the Litigation in the 23^rd District of Alabama:  Frances Diaz v. Oakwood University, Inc., No. 47-cv-2023-901196.00 and include all of the following information:  (i) your full name, address, telephone number, and e-mail address (if any), (ii) information identifying you as a Settlement Class Member, including proof that you are a Settlement Class Member (such as the notice you received from Defendant or the Class Notice of this settlement), (iii) a statement as to whether your objection applies only to yourself, to a specific subset of the Settlement Class, or to the entire Settlement Class, (iv) 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 you believes applicable, (v) the identity of any counsel representing you, (vi) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel, (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of your objections and any documents to be presented or considered, and (viii) your signature and the signature of your duly authorized attorney or other duly authorized representative (if any).

If you submit a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

The Court will hold a Final Approval Hearing to decide whether to approve the settlement. That hearing is scheduled for June 6, 2024 at 1:30 p.m. CT at the Madison County Courthouse, 100 North Side Sq., Rm 217, Huntsville, AL 35801.  Please visit the Court’s website at https://madison.alacourt.gov/civil for current information regarding courthouse access and court hearings. At the Final Approval Hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Settlement Class Counsel’s request for Attorneys’ Fees and Expenses Award, and the request for Service Awards for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the settlement. 

It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this Settlement Website or access the Court docket in this case, for a fee, through the Court’s filing website AlaFile system at https://alafile.alacourt.gov/ to confirm the schedule if you wish to attend.

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 Question 18. 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, Oakwood will deposit into an escrow account the total amount of the Approved Claims. Oakwood will separately pay to settlement Class Counsel the Attorneys’ Fees and Expenses Award and the Service Award. Then, within the later of sixty (60) days after the Effective Date or thirty (30) days after all disputed claims have been resolved, the Claims Administrator will send settlement payments to Settlement Class Members who submitted Approved Claims. 

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

If the Court does not approve the settlement, 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 Class in this Lawsuit:

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 and costs up to $150,000. The entirety of the Attorneys’ Fees and Expenses Award shall be payable separately from the amount of the Approved Claims and Administrative Costs. Settlement Class Counsel will also request approval of Service Awards of $2,000 to the Representative Plaintiff, which will also be payable separately from the amount of the Approved Claims and Administrative Costs.

Defendants are represented by the following lawyers:

This Settlement Website summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the Class Settlement Agreement and Release, by contacting Settlement Class Counsel at the phone numbers provided in response to Question 25 above, by accessing the Court docket in this case, for a fee, through the Court’s filing website AlaFile system at https://alafile.alacourt.gov, or by visiting the office of the Clerk of the Court for the 23rd Judicial Circuit Court of Alabama for Madison County, 100 North Side Sq., Rm 217, Huntsville, Alabama between 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

Kroll Settlement Administration LLC will act as the Claims Administrator for the settlement. You can contact the Claims Administrator at:

Frances Diaz v. Oakwood University, Inc.
c/o Kroll Settlement Administration
PO Box 5324
New York, NY 10150-5324

Please do not contact the Court.