FAQs

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 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 Settlement Benefits to Settlement Class Members who submitted a Valid Claim. This Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.

The Court overseeing this case is the United States District Court for the District of Oregon, Portland Division. The case is known as Unsworth, et al., v. Lewis & Clark College, Case No. 3:24-cv-00614-SB (D. Or.). Lisa Unsworth, Michael Ramone, Christopher Potter, Therese Cooper, and Charles Anderson, the individuals who brought this Action, are called the Plaintiffs or Representative Plaintiffs, and the entity sued, Lewis & Clark College, is called the Defendant.

The Plaintiffs claim that Lewis & Clark is liable for the Data Breach and have asserted numerous legal claims against Lewis & Clark. Lewis & Clark denies each and all the claims and contentions alleged against it in the Action. Lewis & Clark denies all charges of wrongdoing or liability as alleged, or which could be alleged, in the Action. For more information and to review the complaints filed in this Action, visit www.LCDataSettlement.com.

In a class action, one or more people called Plaintiff or Plaintiffs sue on behalf of people who have similar claims. Together, these people are called a Settlement Class or Settlement Class Members. One Court and one judge resolve 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 Lewis & Clark. Instead, the Plaintiffs negotiated a settlement with Lewis & Clark that allows the Plaintiffs, the proposed Settlement Class, and Lewis & Clark to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. The Settlement provides benefits and allows Settlement Class Members to obtain payment for certain costs or losses without further delay. Plaintiffs and Class Counsel think the Settlement is in the best interest of all Settlement Class Members. This Settlement does not mean that Lewis & Clark did anything wrong.

The Settlement Class includes all individuals whose Personal Information may have been involved in the Data Breach. Settlement Class Members were also sent notice of this class action Settlement via mail. If you are still not sure whether you are included, you can contact the Settlement Administrator by calling toll-free at 1-844-543-5481 or by visiting the Settlement Website at www.LCDataSettlement.com.

Yes. The Settlement Class specifically excludes: (i) Lewis & Clark and Lewis & Clark’s parents, subsidiaries, affiliates, officers and directors, and any entity in which Lewis & Clark has a controlling interest; (ii) all individual who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions; (iv) the attorneys representing the Parties in the Action; (v) all judges assigned to hear any aspect of the Action, as well as their immediate family members; and (vi) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Data Breach, or who pleads nolo contendere to any such charge.

The Settlement provides for a $500,000.00 Settlement Fund for Settlement Benefits. Lewis & Clark will pay for the Costs of Notice and Claims Administration, Attorneys’ Fees and Costs awarded by the Court, and service awards to the Representative Plaintiffs awarded by the Court out of the Settlement Fund. Please visit www.LCDataSettlement.com for complete information about the Settlement Benefits.

• Expense Reimbursement: Up to $5,000.00 for documented, unreimbursed out-of-pocket losses resulting from the Data Breach.
• Cash Award: In lieu of Expense Reimbursement, Settlement Class Members can claim a cash award. No documentation required.
• Identity Theft Protection and Credit Monitoring: Two (2) years of three bureau credit monitoring services with the following services: (i) up to $1 million dollars of identity theft insurance coverage; (ii) three bureau credit monitoring providing notice of changes to the Settlement Class Members’ credit profile; (iii) alerts for activity including new inquiries, new accounts created, change of address requests, changes to public records, postings of potentially negative information, and other leading indicators of identity theft; (iv) customer care and dedicated fraud resolution agent; (v) comprehensive educational resources; and (vi) extended fraud resolution. Settlement Class Members will need to enroll to receive this benefit. This is in addition to the Cash Payment or Expense Reimbursement.

All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible to receive reimbursement for the following documented out-of-pocket losses, if not already reimbursed through any other source and caused by the Data Breach, not to exceed $5,000.00 per Settlement Class Member:

1. unreimbursed costs to obtain credit reports;
2. unreimbursed fees relating to a credit freeze;
3. unreimbursed card replacement fees;
4. unreimbursed losses relating to fraud or identity theft;
5. unreimbursed late fees;
6. unreimbursed over-limit fees;
7. unreimbursed interest and fees on payday loans taken as a result of the Data Breach;
8. unreimbursed bank or credit card fees;
9. unreimbursed postage, mileage, and other incidental expenses resulting from the Data Breach; and
10. unreimbursed costs associated with up to one year of credit monitoring or identity theft insurance purchased prior to the Effective Date, with certification that it was purchased primarily as a result of the Data Breach.

The amount of the expense reimbursement will be increased or decreased on a pro rata basis, depending upon the number of valid claims filed and the amount of funds available for these payments. Settlement Class Members with expense reimbursement claims must submit documentation supporting their claims. This can include receipts or other documentation not “self-prepared” by the claimant that document the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.

Settlement Class Members can elect to make a claim for a cash award in lieu of the Expense Reimbursement benefit. To receive this benefit, Settlement Class Members must submit a Valid Claim using the Claim Form, but no documentation is required to make a claim. The amount of the cash award will be increased or decreased on a pro rata basis, depending upon the number of valid claims filed and the amount of funds available for these payments.

Settlement Class Members who submit a Claim Form can elect to enroll in two (2) years of three bureau credit monitoring services with the following services: (i) up to $1 million dollars of identity theft insurance coverage; (ii) three bureau credit monitoring providing notice of changes to the Settlement Class Members’ credit profile; (iii) alerts for activity including new inquiries, new accounts created, change of address requests, changes to public records, postings of potentially negative information, and other leading indicators of identity theft; (iv) customer care and dedicated fraud resolution agent; (v) comprehensive educational resources; and (vi) extended fraud resolution. Settlement Class Members will need to enroll to receive this benefit. These services will be made available to all Settlement Class Members who choose to enroll regardless of whether they claim Expense Reimbursement or the Cash Award. A unique redemption code, allowing Settlement Class Members to enroll in these services will be sent to each Settlement Class Member who submits a valid claim for such services after the Court approves the Settlement as final and after any appeals are resolved.

In order to receive Credit Monitoring or a Settlement payment, you must complete and submit a Claim Form.  Claim Forms are available at www.LCDataSettlement.com, or you may request one by mail by calling 1-844-543-5481. Read the instructions carefully, fill out the Claim Form, and submit it online, or mail it postmarked no later than May 15, 2025, to: Lewis & Clark Settlement, P.O. Box 1228, Baton Rouge, LA 70821.

The Settlement Administrator will decide whether the information provided on the Claim Form is complete and valid.  The Settlement Administrator may require additional information from any claimant.  If the Settlement Administrator requires additional information from you and you do not provide it in a timely manner, your claim may not be paid at the Settlement Administrator’s discretion. The Court will hold a Final Fairness Hearing at 9:30 a.m. Pacific Time on June 2, 2025, to decide whether to approve the Settlement. Even if the Court approves the Settlement, there may be appeals, and resolving them may take additional time. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether any appeals are filed. Please be patient.  If you have further questions regarding payment timing, you may contact the Settlement Administrator by emailing info@lcdatasettlement.com.

You do not have to do anything to remain in the Settlement, but if you want receive Credit Monitoring Services or a payment from the Settlement, you must submit a Claim Form online or postmarked by May 15, 2025. If you do nothing, you will not receive credit monitoring services or be eligible to receive a payment. You will also give up certain legal rights. If the Settlement becomes final, you will give up your right to sue Lewis & Clark for the claims being resolved by this Settlement.  The specific claims you are giving up against Lewis & Clark and the claims you are releasing are described in the Settlement Agreement, available at www.LCDataSettlement.com. The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions about what claims you are giving up and which parties you are releasing, you can talk to the law firms listed in Question 19 for free or you can 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 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. YOU ARE NOT REQUIRED TO ATTEND THE FINAL APPROVAL HEARING TO RECIEVE BENEFITS FROM THIS SETTLEMENT. Please be aware that the hearing may be postponed to a later date without notice. To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Unsworth, et al., v. Lewis & Clark College, Case No. 3:24-cv-00614-SB (D. Or.). Your letter must also include your full name, current address, and signature. You must mail your exclusion request postmarked no later than April 15, 2025, to:

Lewis & Clark Settlement P. O. Box 1228 Baton Rouge, LA 70821

Settlement Class Members will only be able to submit an opt-out request on their own behalf; mass or class opt-outs are not permitted.

Yes. The Court appointed the following attorneys as “Class Counsel” to represent the Settlement Class:

Kaleigh N. Boyd TOUSLEY BRAIN STEPHENS PLLC 1200 Fifth Avenue, Suite 1700 Seattle, WA 98101 T: (206) 682-5600 kboyd@tousley.com	Nickolas J. Hagman CAFFERTY CLOBES MERIWETHER & SPRENGEL, LLP 135 S. LaSalle, Suite 3210 Chicago, Illinois 60603 T: 312.782.4880 nhagman@caffertyclobes.com	Philip J. Krzeski CHESTNUT CAMBRONNE PA 100 Washington Ave., Ste. 1700 Minneapolis, MN 55401-2138 T: (612) 767-3613 pkrzeski@chestnutcambronne.com

  You will not be charged for contacting Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense. YOU ARE NOT REQUIRED TO ATTEND THE FINAL APPROVAL HEARING TO RECIEVE BENEFITS FROM THIS SETTLEMENT. Please be aware that the hearing may be postponed to a later date without notice. The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement.

The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement. The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement.

The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement. The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement. The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement.

The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement.

The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement. The Court has already given Preliminary Approval to the Settlement Agreement. A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement Agreement.