Frequently Asked Questions
- What is this lawsuit about?
- Why is the lawsuit a class action?
- Why is there a Settlement?
- How do I know if I am part of the Settlement?
- Are there exceptions to being included in the Settlement?
- What if I am still not sure whether I am part of the Settlement?
- What does the Settlement provide?
- How do I submit a claim for the Cash Payment Benefit and/or reimbursement of Ordinary and/or Extraordinary Out-of-Pocket Losses?
- What am I giving up to receive Settlement Benefits or stay in the Settlement Class?
- What are the Released Claims?
- What happens if my contact information changes after I submit a claim?
- When will I receive my Settlement Benefits?
- Do I have a lawyer in this case?
- How will Class Counsel be paid?
- How do I get out of the Settlement?
- If I opt out, can I get anything from the Settlement?
- If I do not opt out, can I sue the Defendant for the same thing later?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting and asking to opt out?
- When and where will the Court decide whether to approve the Settlement?
- How do I get more information?
What is this lawsuit about?
The Litigation alleges that on April 29, 2021, Scripps was the victim of a Ransomware Attack whereby an unauthorized person gained access to Scripps’ network, deployed malware, and acquired copies of some of the documents stored on Scripps’ network. Those documents may have included Plaintiffs’ and/or Settlement Class Members’ medical information, including names, addresses, dates of birth, Social Security numbers and/or driver license numbers, health insurance information, medical record numbers, patient account numbers, and/or clinical information, such as physician name, date(s) of service and/or treatment information. The Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated. The Defendant denies these and all other claims made in the Litigation. By entering into the Settlement, the Defendant is not admitting any wrongdoing.Back To Top
Why is the lawsuit a class action?
In a class action, Class Representatives sue on behalf of all people who have similar claims. Together, all these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves (opt out) from the Settlement Class.
The Class Representatives in this case are Johnny Corning, Gale Ann Matthews, Michael Matthews, Alma Uphoff, Kevin Uphoff, and Susan Moore.Back To Top
Why is there a Settlement?
Plaintiffs and the Defendant do not agree about the claims made in this Litigation. The Litigation has not gone to trial, and the Court has not decided in favor of the Plaintiffs or the Defendant. Instead, Plaintiffs and the Defendant have agreed to settle the Litigation. Plaintiffs and the attorneys for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the Settlement Benefits made available under the Settlement, because of the risks and uncertainty associated with continued litigation, and because of the nature of the defenses raised by the Defendant.Back To Top
How do I know if I am part of the Settlement?
You are a Settlement Class Member if Scripps previously mailed to you Notice of the Ransomware Attack. If you are not sure whether Scripps mailed you a Notice, you may contact the Settlement Administrator at 1-800-708-8796.Back To Top
Are there exceptions to being included in the Settlement?
Yes. Excluded from the Settlement Class are (1) the Judges presiding over the Action and members of their families; (2) Scripps, its subsidiaries, parent companies, successors, predecessors, and any entity in which Scripps or its parents have a controlling interest, and its current or former officers and directors; (3) natural persons who properly execute and submit a Request for Exclusion prior to the Opt-Out Deadline; (4) the successors or assigns of any such excluded natural person; and (5) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Ransomware Attack or who pleads nolo contendere (a legal term meaning “I do not wish to contend”) to any such charge.Back To Top
What if I am still not sure whether I am part of the Settlement?
If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator’s toll-free number at 1-800-708-8796.Back To Top
What does the Settlement provide?
If you are a Settlement Class Member, you may be able to recover the following benefits by completing a Claim Form, located here.
Cash Payment Benefit
By submitting a Valid Claim using the Claim Form, you are eligible to receive a cash payment of at least $100. This amount can be combined with the below Ordinary and Extraordinary documented Out-of-Pocket Losses. This cash benefit does not require documentation.
All claims for a Cash Payment Benefit are subject to a pro rata increase based on the number of claims received by the Settlement Administrator.
Ordinary Out-of-Pocket Losses Reimbursement
By submitting a Valid Claim using the Claim Form, you are eligible to receive reimbursement for the following documented out-of-pocket losses incurred as a result of the Ransomware Attack, not to exceed $1,000:
- Unreimbursed bank fees;
- Unreimbursed card reissuance fees;
- Unreimbursed overdraft fees;
- Unreimbursed charges related to unavailability of funds;
- Unreimbursed late fees;
- Unreimbursed over-limit fees;
- Long distance telephone charges;
- Cell minutes (if charged by minute);
- Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Ransomware Attack);
- Text messages (if charged by the message and incurred solely as a result of the Ransomware Attack);
- Unreimbursed charges from banks or credit card companies;
- Interest on payday loans due to card cancellation or due to an over-limit situation incurred solely as a result of the Ransomware Attack;
- Costs of credit report(s), credit monitoring, and/or other identity theft insurance products purchased by members of the Settlement Class between April 29, 2021, and the date of the Claims Deadline; and
- Other losses incurred by Settlement Class Members determined by the Settlement Administrator to be fairly traceable to the Ransomware Attack, including, but not limited to, the cost of postage and gas for local travel.
To receive reimbursement for any of these Ordinary Out-of-Pocket Losses, you must submit a Valid Claim Form that includes (i) your name and address; (ii) supporting documentation of your out-of-pocket expenses; and (iii) a description of the loss, if not readily apparent from the documentation.
Extraordinary Out-of-Pocket Losses Reimbursement
If you are a Settlement Class Member, submit a timely and Valid Claim Form, and have suffered a monetary loss due to identity theft, you are eligible to receive up to $7,500 if:
- The loss is an actual, documented and unreimbursed monetary loss arising out of or relating to identity theft;
- The loss is fairly traceable to the Ransomware Attack;
- The loss occurred between April 29, 2021 and March 23, 2023;
- The loss is not already covered by one or more of the reimbursement categories listed above as an Ordinary Out-of-Pocket Loss; and
- You 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.
To receive reimbursement for Extraordinary Out-of-Pocket Losses, you must submit a Valid Claim Form with a statement that your claim is true and correct to the best of your knowledge and is being made under penalty of perjury. You must also submit reasonable documentation showing that the Extraordinary Out-of-Pocket Losses were actually incurred and are fairly traceable to the Ransomware attack. Failure to do so will result in denial of your claim.
Credit Monitoring and Automatic Fraud Resolution Services
Enrollment for ID Theft Protection ended on August 6, 2023.
How do I submit a claim for the Cash Payment Benefit and/or reimbursement of Ordinary and/or Extraordinary Out-of-Pocket Losses?
As the March 23, 2023 deadline has passed, it is now too late to file a claim for the Cash Payment Benefit and/or for reimbursement for documented Ordinary and/or Extraordinary Out-of-Pocket Losses.Back To Top
What am I giving up to receive Settlement Benefits or stay in the Settlement Class?
Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. As the Settlement has been approved and is now final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Defendant and Released Persons about the legal issues in this Litigation that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”Back To Top
What are the Released Claims?
The Settlement Agreement in Section 1.39 describes the Release, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here or in the public Court records on file in this Lawsuit. For questions regarding the Releases or Released Claims and what the language in the Settlement Agreement means, you can also contact one of the lawyers listed in FAQ 13 for free, or you can talk to your own lawyer at your own expense.Back To Top
What happens if my contact information changes after I submit a claim?
If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1-800-708-8796, by emailing info@ScrippsSettlement.com or by writing to:
Scripps Settlement AdministratorBack To Top
P.O. Box 3389
Portland, OR 97208-3389
When will I receive my Settlement Benefits?
Final Approval was granted on April 7, 2023. The Settlement Administrator is preparing to issue payments to individuals who filed timely, valid, and complete claims. This website will be updated once these payments have been issued.
The Settlement Administrator is also preparing to send notifications to individuals who filed timely claims which are incomplete. Payments to individuals who resolve the defects on their claims will be issued at a later date once all claims have been resolved.Back To Top
Do I have a lawyer in this case?
Yes, the Court has appointed Rachele R. Byrd of Wolf Haldenstein Adler Freeman & Herz LLP, 750 B Street, Suite 1820, San Diego, California, 92101, 619-239-4599; Timothy D. Cohelan of Cohelan Khoury & Singer, 605 C Street, Suite 200, San Diego, California 92101, 619-595-3001; Patrick N. Keegan of Keegan & Baker, LLP, 2292 Faraday Ave., Suite 100, Carlsbad, California, 92008, 760-929-9303; and M. Anderson Berry of Clayeo C. Arnold, APLC, 865 Howe Ave., Sacramento, California, 95825, 916-239-4778 as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Litigation.Back To Top
How will Class Counsel be paid?
Class Counsel filed a motion asking the Court to award attorneys’ fees and costs of $3,100,000 to Class Counsel. They also asked the Court to approve Service Awards of $2,500 to each of the ten (10) Plaintiffs for participating in this Litigation and for their efforts in achieving the Settlement. These attorneys’ fees and costs and the Service Awards have been awarded by the Court. These amounts will be paid by Defendant and will not reduce the amount of money available to the Settlement Class.Back To Top
How do I get out of the Settlement?
To exclude yourself from the Settlement you must have mailed a written notice of intent to opt out by March 8, 2023. The Settlement has been approved and it is no longer possible to opt out.Back To Top
If I opt out, can I get anything from the Settlement?
No. If you opt out, you are telling the Court you do not want to be part of the Settlement. You can only get Settlement Benefits if you stay in the Settlement. If you opt out, do not submit a Claim Form.Back To Top
If I do not opt out, can I sue the Defendant for the same thing later?
No. Unless you opt out, you give up any right to sue the Defendant and Released Persons and their Related Entities for the claims this Settlement resolves and releases relating to Ransomware Attack. You must opt out of this Litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Persons. If you have a pending lawsuit, you will release your pending claims against Scripps unless you timely opt-out of the Settlement. Speak to your lawyer in that case immediately.Back To Top
How do I tell the Court that I do not like the Settlement?
To object to the Settlement you must have submitted written notice in accordance with the instructions provided in the Settlement Agreement no later than March 8, 2023. The Settlement has been approved and it is no longer possible to object to or appeal the Settlement.Back To Top
What is the difference between objecting and asking to opt out?
Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees, service awards, and costs. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.Back To Top
When and where will the Court decide whether to approve the Settlement?
The Court held a Final Approval Hearing on April 7, 2023, at 9:30 a.m. before Judge Gregory W. Pollack at 330 W. Broadway, San Diego, CA 92101.
On April 7, 2023 final approval was granted. It is no longer possible to appeal this determination.Back To Top
How do I get more information?
This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-800-708-8796 or by writing to:
Scripps Settlement Administrator
P.O. Box 3389
Portland, OR 97208-3389
PLEASE DO NOT TELEPHONE THE COURT OR ITS CLERK’S OFFICE REGARDING THIS WEBSITE OR THE NOTICE.Back To Top