Prutsman et al. v. Nonstop Administration and Insurance Services, Inc

A proposed $1,600,000 Settlement has been reached in a class action lawsuit known as Prutsman, et al. v. Nonstop Administration and Insurance Services, Inc., Case No. 3:23-cv-011131-RFL, (“Action”), filed in the United States District Court for the Northern District of California.
 

This Action alleges that on or about December 22, 2022, Nonstop suffered a Data Breach and was announced by Nonstop on about February 15, 2023. Nonstop disagrees with Plaintiffs’ claims and denies any wrongdoing.
 

All Class Members can receive the following benefits from the Settlement: Class Members are eligible to recover compensation for (1) reimbursement for Out-of-Pocket Losses, (2) Alternative Cash Payments, and (3) California Statutory Payments, if you are an individual within the state of California whose Protected Health Information/Personally Identifiable Information (“PHI/PII”) was exposed to unauthorized third parties as a result of the Data Breach discovered by Defendant on or about December 22, 2022. 

• Reimbursement Claim:

  • Compensation for Out-of-Pocket Losses: All Class Members may submit a claim for Out-of-Pocket Losses up to five thousand dollars ($5,000) per individual. Defendant will pay valid and timely submitted claims for Out-of-Pocket Losses for unreimbursed costs or expenditures incurred by a Class Member in response to the Data Breach that were incurred between December 22, 2022, and the Claims Deadline, as result of the Data Breach. Ordinary Out-of-Pocket Losses may include, but are not limited to: unreimbursed costs, expenses or charges incurred addressing or remedying identity theft, fraud, or misuse of personal information and/or other issues reasonably traceable to the Data Breach. 

• Alternative Cash Payment: Class Members may claim an Alternative Cash Payment in an amount estimated to be approximately fifty dollars ($50) by submitting a timely and valid Claim Form. However, the amount of this Alternative Cash Payment shall be pro rata (increased or decreased) based on the funds remaining in the Settlement Fund following the payment of Attorneys’ Fees and Expenses Award, any Service Award, the costs of Settlement administration, CAFA Notice, claims for Out-of-Pocket Losses.

• California Statutory Claim Payments: Class Members who were residents of California from December 22, 2022, to February 12, 2025, (“California Settlement Class Members”) can submit a claim for a California Statutory Payment of $100 for their statutory claims under the California Consumer Privacy Act. The California Statutory Payment is an additional Settlement benefit made available to California Settlement Class Members that is in addition to either reimbursement of claims for Out-of-Pocket Losses or the Alternative Pro Rata Cash Payment, and is subject to a pro rata decrease based on the amount remaining in the Settlement Fund following payment of the Fee Award and Expenses, cost of Settlement administration, CAFA Notice, and claims for Reimbursement of Out-of-Pocket Losses.
   

Included in this Settlement as a Class Member are:

• The Nationwide Class of all individuals within the United States of America whose PHI/PII was exposed to unauthorized third parties as a result of the Data Breach discovered by Defendant on or about December 22, 2022.

• Excluded from the Settlement Class are: (1) the Judge and Magistrate Judge presiding over the Action, any members of the Judges’ respective staffs, and immediate members of the Judges’ respective families; (2) officers, directors, members and shareholders of Defendant; (3) persons who timely and validly request exclusion from and/or opt-out of the Settlement Class; (4) the successors and assigns of any such excluded persons; and (5) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Data Breach or who pleads nolo contendere to any such charge.