Heath, et al. v. Insurance Technologies Corp. and Zywave, Inc.
Case No. 3:21-cv-01444-N
United States District Court for the Northern District of Texas
If You Have Been a Customer of an Insurance Broker That Was, In Turn, a Customer of Insurance Technologies Corp. or Zywave, Inc., A Class Action Settlement May Affect Your Rights.
A Settlement has been reached in a class action lawsuit concerning Insurance Technologies Corp. and Zywave, Inc. and a data breach (the “Data Breach”) that occurred on February 27, 2021, when one or more unauthorized individuals accessed or potentially accessed information stored on Insurance Technology Corp. and/or Zywave, Inc.'s computer system, including names, Social Security numbers, drivers' license numbers, birth dates, and usernames/passwords.
The lawsuit is called Heath, et al. v. Insurance Technologies Corp. and Zywave, Inc., Case No. 3:21-cv-01444-N (N.D. Tex.), and is pending in the United States District Court for the Northern District of Texas. The lawsuit asserts claims related to the Data Breach. The Defendants in the lawsuit are Insurance Technologies Corp. and Zywave, Inc. (“ITC” or “Defendants”). Defendants in the lawsuit deny they are or can be held liable for the claims made in the lawsuit. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.
Members of the Settlement Class are all individuals whose Personally Identifiable Information (“PII”) was potentially subjected to the Data Breach, as confirmed by Defendants' business records. Eligible Settlement Class Members will be mailed notice of their eligibility, and Settlement Class Membership will be verified against that mailed list. The Settlement Class does not include (a) the Court; (b) the officers and directors of Defendants; (c) persons who properly execute and file a timely request for exclusion from the Settlement Class; and (d) persons who have been separately represented by counsel for matters of, and have settled, claims related to the Data Breach with Defendants.
Settlement Class Members are eligible to receive the following relief: (1) for California residents at the time of the Data Breach, a cash payment of $100 to Class Members whose social security number and/or driver's license number were potentially exposed in the Data Breach, as confirmed by Defendants' business records, which amount may be reduced pro rata to the extent total claims exceed $1,590,400.00 or increased up to $300 to the extent funds remain; (2) up to $5,000 for certain expenses incurred on or after February 27, 2021, with supporting documentation such as receipts, account statements; (3) up to $200 reimbursement of time spent remedying identity theft, misuse of personal information, credit monitoring, freezing credit reports, and/or other issues related to the Data Breach and which amount may be reduced pro rata to the extent total claims exceed $2,878,333.00; and (4) 12 months of Financial Shield, an identity theft detection services provided by Aura, and 12 months of identity restoration services, also provided by Aura. The Settlement Administrator will post additional information about the payment amount on this website. For complete details, please see the Settlement Agreement, whose terms control.
Your legal rights are affected regardless of whether you act or do not act. Please read the notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM
This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form is July 5, 2022.
EXCLUDE YOURSELF FROM THE SETTLEMENT
You will receive no payment, but you will retain any rights you currently have with respect to Defendants and the issues in this case. You may download an exclusion form. The deadline to exclude from the Settlement is June 9, 2022.
OBJECT TO THE SETTLEMENT
Write to the Court explaining why you do not agree with the Settlement. The deadline to object is June 9, 2022.
ATTEND THE FINAL APPROVAL HEARING
You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on January 4, 2023.
You get no payment, but will be eligible for 12 months of Financial Shield, and you give up rights.
These rights and options—and the deadlines to exercise them—are explained in the Notice. For complete details, please see the Settlement Agreement, whose terms control.
The Court in charge of this case still has to decide whether to approve the Settlement. No Settlement benefits or payments will be provided unless the Court approves the Settlement and it becomes final.