Frequently Asked Questions

Settlement Class Members are eligible to receive payment and/or credit monitoring and identity theft protection services from a proposed Settlement in the Action. The Court overseeing the Action authorized this Notice to advise Settlement Class Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options Settlement Class Members have in connection with the Settlement.

The Action is a proposed class action lawsuit brought on behalf of the Settlement Class. The Settlement Class is defined by the Court as “the persons who are identified on the Settlement Class List, including all individuals who were sent notification by Bryan Cave Leighton Paisner, Mondelēz, and Chicago IVF that their personally identifying information/personal health information was or may have been compromised in the Data Security Incident.” Excluded from the Settlement Class are: (i) the judges presiding over this Action and members of their direct families; and (ii) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.” 

The personally identifying information/personal health information alleged to have been exposed in the Data Security Incident includes some combination of names, marital statuses, Social Security numbers, addresses, dates of birth, genders, employee identification numbers, retirement and/or thrift plan information, and personal health information.

The Action claims Defendants are legally responsible for failing to prevent the Data Security Incident and asserts various legal claims including negligence and breach of implied contract.

The Defendants deny that they did anything wrong.  Instead, they have vigorously defended themselves.  The Defendants, however, are entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrongdoing by the Defendants.   

In a class action, one or more plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all these people are the “Class,” and each individual is a “Settlement Class Member.” There are seven Plaintiffs in this case: Michael Shields, Daniel Berndt, Julio Perez, Augustyn Wiacek, Deidra Clay, Eric Flores, and Rock Meyer. The Class in this case is referred to in this notice as the “Settlement Class.”

The Honorable Jorge L. Alonso, United States District Court Judge of the Northern District of Illinois, is overseeing this case.

Plaintiffs and Class Counsel have conducted an investigation into the facts and the law regarding the Action. The Plaintiffs and Class Counsel believe that the Settlement is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiffs and the Settlement Class. The Court has not decided whether Plaintiffs’ claims or Defendants’ defenses have any merit, and it will not do so if the proposed Settlement is approved. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. The Settlement does not mean that Defendants did anything wrong, or that the Plaintiffs and the Settlement Class would or would not win the case if it were to go to trial.

The Settlement Class is defined by the Court as “the persons who are identified on the Settlement Class List, including all individuals who were sent notification by  Bryan Cave Leighton Paisner, Mondelēz, and Chicago IVF that their personally identifying information/personal health information was or may have been compromised in the Data Security Incident.”

Excluded from the Settlement Class are the judges presiding over this Action and members of their direct families, and Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

The proposed Settlement would create a non-reversionary common fund amount of $750,000 that would be used to pay all costs of the Settlement, including: (i) payments to Settlement Class Members who submit valid claims, (ii) costs of administration and notice, (iii) any attorneys’ fees and expenses awarded by the Court to Class Counsel (not to exceed one third of the total Settlement Fund, or $250,000 in attorneys’ fees, and reasonable litigation expenses not to exceed $35,000), (iv) any Service Awards to the Plaintiffs awarded by the Court (not exceed $2,500 for each Class Representative), and (v) any taxes and tax-related expenses. The Settlement also releases all claims or potential claims of Settlement Class Members against Defendants or Chicago IVF arising from or related to the Data Security Incident, as detailed in the Settlement Agreement and Release.

Any Settlement Class Member who does not file a timely Request for Exclusion in accordance with the Settlement Agreement and Release will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. The claims that Settlement Class Members are releasing are described in the Settlement Agreement and Release.

Settlement Class Members who submit Approved Claims and any required documentation may receive one or more of the following, to be paid from the $750,000 Settlement Fund: (i) up to three (3) years of Credit Monitoring and Identity Theft Protection services, (ii) compensation for unreimbursed documented Out-of-Pocket Losses up to $7,000,  (iii) compensation for attested Lost Time up to five (5) hours at $25 per hour, and (iv) an Alternative Cash Payment as an alternative to claiming compensation for Out-of-Pocket Losses and/or Lost Time.

The amount of the Alternative Cash Payments will be determined depending on how many valid claims are submitted, with the remainder of the Settlement Fund, following payment of:

(i) Notice and Administrative Expenses,

(ii) Taxes and Tax-Related Expenses, 
(iii) Approved Claim(s) for Out-of-Pocket Losses; 

(iv) Approved Claim(s) for Lost Time; 
(v) Approved Claims for Credit Monitoring and Identity Theft Protection Services; 
(vi) Service Awards Payments approved by the Court, and 

(vii) Attorneys’ Fee Award and Costs approved by the Court, being divided proportionally among Settlement Class Members submitting valid claims for those awards, as explained further below in Question 11.

The Settlement Administrator, from the Settlement Fund, will provide compensation, up to a total of $7,000 per person who is a Participating Settlement Class Member, upon submission of a claim and supporting documentation, for documented out-of-pocket costs or expenditures that a Settlement Class Member actually incurred that are fairly traceable to the Data Security Incident, and that have not already been reimbursed by a third party. Documented Out-of-Pocket Losses may include, without limitation, the following: costs associated with credit monitoring or identity theft insurance purchased directly by the claimant; costs associated with requesting a credit report; costs associated with a credit freeze; costs associated with cancelling a payment card and/or obtaining a replacement payment card; costs associated with closing a bank account and/or opening a new bank account; postage, long-distance phone charges, express mail and other incidental expenses; unrefunded overdraft and/or overdraft protection fees; unrefunded late and/or missed payment fees and/or charges; unrefunded fraudulent charges occurring on or after February 23, 2023; and damages and costs associated with any stolen benefits or tax returns.

Participating Settlement Class Members with Documented Out-of-Pocket Losses 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. 

All Settlement Class Members may submit a claim for reimbursement of attested Lost Time up to five (5) hours at twenty-five dollars ($25) per hour. Settlement Class Members can receive reimbursement of Lost Time with an attestation that the time spent was reasonably related to mitigating the effects of the Data Security Incident. Claims for Lost Time are capped at One-Hundred-Twenty-Five Dollars and Zero Cents ($125) per individual. Lost Time means time spent remedying issues related to the Data Security Incident. 

Every Settlement Class Member is eligible to claim an Alternative Cash Payment, which is a 
pro rata share of the Residual Settlement Fund, i.e., the amounts remaining in the Settlement Fund after funds are paid from or allocated for payment from the Settlement Fund for the following: 
(i) Notice and Administrative Expenses,

 (ii) Taxes and Tax-Related Expenses, 
(iii) Approved Claim(s) for Out-of-Pocket Losses; 

(iv) Approved Claim(s) for Lost Time; 
(v) Approved Claims for Credit Monitoring and Identity Theft Protection Services; 
(vi) Service Awards Payments approved by the Court, and

 (vii) Attorneys’ Fee Award and Costs approved by the Court.

To receive this benefit, participating Settlement Class Members must submit a valid Claim Form, but no documentation is required to make a Claim. This benefit is only available for those Settlement Class Members who do not elect to make a Claim for reimbursement of Documented Out-of-Pocket Losses or Lost Time. 

The amount of the Alternative Cash Payments will be determined on a pro rata basis, depending upon the number of valid claims filed and the amount of funds available for these payments. 

Eligibility for any award and the validity of your claim, including the Alternative Cash Payment, will be determined by the Settlement Administrator as outlined in Question 15. 

The amounts paid for all Alternative Cash Payments will be determined depending on how many Settlement Class Members submit valid claims. The amount of this benefit shall be determined pro rata based on the amount remaining in the Settlement Fund following payment of:

(i) Notice and Administrative Expenses,

 (ii) Taxes and Tax-Related Expenses, 
(iii) Approved Claim(s) for Out-of-Pocket Losses;

 (iv) Approved Claim(s) for Lost Time; 
(v) Approved Claims for Credit Monitoring and Identity Theft Protection Services; 
(vi) Service Awards Payments approved by the Court, and

 (vii) Attorneys’ Fee Award and Costs approved by the Court.

Settlement Class Members may receive both Credit Monitoring and Identity Theft Protection Services and an Alternative Cash Payment.

Because the Alternative Cash Payments will be calculated as a pro rata share of the Residual Settlement Fund, it is anticipated that all Residual Settlement Funds will be initially distributed to the Settlement Class Members. If there are any uncashed checks or unredeemed electronic payments ninety (90) days after issuance, the Settlement Administrator shall undertake the following actions: (1) attempt to contact the Settlement Class Member by e-mail and/or telephone to discuss how to obtain a reissued check; (2) if those efforts are unsuccessful, make reasonable efforts to locate an updated address for the Settlement Class Member using advanced address searches or other reasonable methods; and (3) reissuing a check or mailing the Settlement Class Member a postcard (either to an updated address if located or the original address if not) providing information regarding how to obtain a reissued check. Any reissued Settlement Checks issued to Settlement Class Members shall remain valid and negotiable for sixty (60) days from the date of their issuance and shall thereafter automatically be canceled by the Settlement Administrator if not cashed by the Settlement Class Members within that time.

All Settlement Class Members can submit a claim for identity theft protection and credit monitoring services. This service includes up to three (3) years of credit monitoring and identity protection services provided by Kroll with three-bureau monitoring and at least $1,000,000 of fraud/identity theft insurance. 

Class Members may combine a claim for Credit Monitoring and Identity Protection Services with either a claim for Alternative Cash Payment or with claims for reimbursement of 
Documented Out-of-Pocket Losses and/or compensation for Lost Time.

If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement. In order to receive payment from the Settlement, you must submit a valid Claim Form. 

If you do not want to give up your right to sue Defendants or Chicago IVF 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 Defendants or Chicago IVF related to the claims released by the Settlement.

The Settlement Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Settlement 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 submit a Request for Exclusion to the Settlement Administrator postmarked no later than sixty (60) days after the Notice Deadline. 

The Request for Exclusion must include the name of the proceeding, the individual’s full name, individual’s current address, individual’s personal signature, and the words “Request for Exclusion” (or a comparable statement indicating that the individual does not wish to participate in the Settlement) at the top of the communication.

You must mail your request to this address:

Settlement Administrator - 83109

PO Box 225391

New York, NY 10150-5391

Your request must be submitted online or postmarked by January 13, 2025.

No. If you exclude yourself, you will not be entitled to any award under the Settlement. However, you will also not be bound by any judgment in this Action.

No. Unless you exclude yourself, you give up any right to sue Defendants or Chicago IVF 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 a payment.

All Settlement Class Members who do not opt-out 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 Action will continue. If that is what you want to happen, you must object.

Any objection to the proposed Settlement must be in writing and your objection and any supporting papers must be mailed to this address:

Settlement Administrator - 83109

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

Your objection must be filed or postmarked no later than the objection deadline, January 13, 2025. 

To be considered by the Court, your written objection must include:

 (i) the name of the proceeding;

(ii) the Settlement Class Member’s full name, current mailing address, and telephone number; 
(iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; 

(iv) a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; 

(v) the identity of any attorneys representing the objector; 

(vi) a statement regarding whether the Settlement Class Member (or his/her/their attorney) intends to appear at the Final Approval Hearing; and 

(vii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

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 January 21, 2025 at 11:00 AM CT at the United States District Court for the Northern District of Illinois, 219 South Dearborn Street, Chicago, Illinois 60604. At the Final Approval Hearing, the Court will consider whether the Settlement Agreement is fair, reasonable, and adequate, was entered into in good faith and without collusion, and approves and directs consummation of this Settlement Agreement. 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 Class Counsel’s request for attorneys’ fees and costs and expenses, and the request for a service award for the Plaintiffs. 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 website 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 20. 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, the Settlement Fund will be fully funded. The Settlement Administrator will pay any Fee Award and Expenses and any Plaintiffs’ Service Awards from the Settlement Fund. Then, the Settlement Administrator will send Settlement Payments and Financial Account Monitoring Services to Settlement Class Members who submitted timely and valid Claim Forms. 

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, Class Counsel or the 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 Action:

Settlement Class Members will not be charged for the services of Class Counsel. 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. 

Class Counsel will file a Fee and Expense Application for an award of attorneys’ fees to be paid from the Settlement Fund not to exceed one-third (1/3) of the value of the Settlement, or $250,000, and also reimbursement of litigation expenses up to $35,000. Class Counsel will file a Fee Application that will include a request for Service Award payments for the Settlement Class Representatives in recognition for their contributions to this Action not to exceed $2,500 per Plaintiff.

Defendants are represented by the following counsel:

Go to www.BCMDLZSettlement.com, call (833) 627-8245, or write to Settlement Administrator - 83109, PO Box 225391 New York, NY 10150-5391

Please do not contact the Court or Defendants’ Counsel.