You are a Settlement Class Member if you reside in the United States and were mailed written notification by Trussway Manufacturing, LLC (“Trussway”) that your Private Information was potentially accessed, viewed, and/or obtained as a result of the Data Incident which occurred between March 7, 2023 and April 1, 2023.
The Settlement Class specifically excludes: (i) Trussway Manufacturing, LLC (“Trussway”), the Related Entities, and their officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge. This Notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Settlement Class.
This case is known as Flores et al. v. Trussway Manufacturing, LLC, Case No. 4:23-cv-02509, filed in the United States District Court for the Southern District of Texas, Houston Division. The individuals who sued are called the “Plaintiffs” and the company they sued, Trussway, is known as the “Defendant” in this case. Trussway will be called “Defendant” in this Notice.
Plaintiffs filed a lawsuit against Defendant, individually, and on behalf of anyone whose Private Information was potentially impacted as a result of the Data Incident.
This Lawsuit arises out of unauthorized access to Trussway’s systems and certain files containing sensitive and/or personal information about Trussway’s current or former employees including, but not limited to names, addresses, Social Security numbers, dates of birth, and health plan enrollment information, health insurance policy numbers, driver’s license numbers, passport numbers, other government-issued identification numbers, financial account information, and if an individual had filed a claim for worker’s compensation or short-term disability, the medical information relating to such claims ( “Private Information”), and which occurred between March 7, 2023 and April 1, 2023 (the “Data Incident”). After learning of the Data Incident, notification was mailed to persons whose Private Information may have been impacted by the Data Incident. Subsequently, this lawsuit was filed asserting claims against Trussway relating to the Data Incident. Trussway denies Plaintiffs’ claims and denies any wrongdoing.
By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representatives, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class Members. The Court did not decide in favor of the Plaintiffs or Defendant. Full details about the proposed Settlement are found in the Settlement Agreement available at www.rg2claims.com/trussway.html.
In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.”
You are included in the Settlement if you reside in the United States and were mailed written notification by Trussway Manufacturing, LLC (“Trussway”) that your Private Information was potentially accessed, viewed, and/or obtained as a result of the Data Incident which occurred between March 7, 2023 and April 1, 2023. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, visit www.rg2claims.com/trussway.html, call toll free 1-866-742-4955, or write to Trussway Settlement Claims Administrator, RG2 Claims Administration LLC, PO Box 59479, Philadelphia, PA 19102-9479.
Expense Reimbursement
Documented Out of Pocket Expense Reimbursement (Ordinary Losses): Settlement Class Members are eligible to receive reimbursement for extraordinary losses, not to exceed $5,000 per Settlement Class Member, for documented monetary loss incurred directly as a result of the Data Incident, including, without limitation, unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges. Settlement Class Members with Extraordinary 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.
Lost Time Reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to three (3) hours of lost time spent dealing with the Data Incident (calculated at the rate of $25 per hour) (for a total of up to $75), but only if at least one (1) full hour was spent dealing with the Data Incident. Settlement Class Members may receive reimbursement for lost time if the Settlement Class Member (i) attests that any claimed lost time was spent responding to issues raised by the Data Incident; and (ii) provides a checkbox style description, or written description if no checkbox is applicable, of how the claimed lost time was spent related to the Data Incident. Claims made for lost time can be combined with reimbursement for out-of-pocket expenses and are subject to the same $500 cap for all Settlement Class Members.
Documented Extraordinary Loss Reimbursement: Settlement Class Members are also eligible to receive reimbursement for extraordinary losses, not to exceed $2,500 per Settlement Class Member, for documented monetary loss that: (i) is actual, documented, and unreimbursed; (ii) was more likely than not caused by the Data Incident; (iii) occurred between March 7, 2023, and the Claims Deadline; and (iv) is not already covered by any of the above-referenced documented out-of-pocket expenses or lost time reimbursement categories. Settlement Class Members must also provide documentation that he or she 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.
Credit Monitoring: If you previously signed up for monitoring offered by Trussway, your monitoring will be automatically extended for one (1) additional year. If you did not previously sign up for monitoring, you may do so before the Claims Deadline on May 22, 2024 by selecting the credit monitoring option on the Claim Form, which will provide one (1) year of monitoring.
Information Security Improvements: Trussway will implement or maintain various data security improvements. Any costs associated with these security improvements will be paid by Trussway separate and apart from other settlement benefits.
All claims will be reviewed by the Claims Administrator and/or a claims referee. You must file a Claim Form to get any money from the proposed Settlement. Claim Forms must be submitted online by www.rg2claims.com/trussway.html or postmarked no later than May 22, 2024. You can download a Claim Form at www.rg2claims.com/trussway.html or you can call the Claims Administrator at 1-866-742-4955. The unique Login and Password that were printed on the Notice you received will be required to access the online and paper claim forms.
If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue Trussway and its Related Entities and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, principals, agents, attorneys, insurers, and reinsurers regarding the claims in this case. The Settlement Agreement, which includes all provisions about settled claims, releases, and Released Persons, is available at www.rg2claims.com/trussway.html.
The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the Settlement Class, if the Settlement is approved, and you give up any right you may have otherwise had to sue in connection with the Data Incident.
Yes. The Class Representatives will each receive a service award of up to $2,100 (for a total of $4,200), to compensate them, for their services and efforts in bringing the lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.
If you do not want to be included in the Settlement, you must send a timely written request for exclusion. Your request for exclusion must be individually signed by you. Your request must clearly manifest your intent to be excluded from the Settlement.
Your written request for exclusion must be postmarked no later than April 22, 2024 to:
Trussway Settlement Claims Administrator
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Instructions on how to submit a request for exclusion are available at www.rg2claims.com/trussway.html or from the Claims Administrator by calling 1-(866)-742-4955.
If you exclude yourself, you will not be able to receive any cash benefits from the Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit and you will keep your right to sue the Defendant on your own for the claims that this Settlement resolves.
No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up any right you may have to sue the Released Persons (listed in Question 8) for the claims this Settlement resolves.
If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons (listed in Question 8) about the settled claims in this case at any time.
Yes. The Court has appointed Raina Borrelli of the law firm TURKE & STRAUSS LLP (called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will apply to the Court for an award of attorneys’ fees, costs, and litigation expenses in an amount not to exceed $102,500. A copy of Class Counsel’s Application for Attorneys’ Fees, Costs, and Expenses will be posted on the Settlement Website, www.rg2claims.com/trussway.html, before the Final Fairness Hearing. The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award less than the amount requested by Class Counsel.
If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you can submit an objection telling it why you do not think the Settlement should be approved. Objections must be submitted in writing and include all the following information:
Such notice shall state:
the objector’s full name, address, telephone number, and e-mail address (if any);
information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident);
a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable;
the identity of any and all counsel representing the objector in connection with the objection;
a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing;
the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and
a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years.
Your Objection must include the case name and docket number, Flores et al. v. Trussway Manufacturing, LLC, Case No. 4:23-cv-02509 (the “Trussway Action”), and be submitted to the Clerk of the Court by First-Class mail, received no later than April 22, 2024, to:
Clerk of the Court
P.O. Box 61010
Houston, TX 77208
In addition, you must mail a copy of your objection to Class Counsel and Defense Counsel, postmarked no later than April 22, 2024:
| CLASS COUNSEL | DEFENSE COUNSEL |
|---|---|
Raina Borrelli |
Michelle R. Gomez |
If you do not submit your objection with all of the above requirements met, or if your objection is not received by April 22, 2024, you will be considered to have waived all Objections and will not be entitled to speak at the Final Fairness Hearing.
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
The Court will hold the Final Fairness Hearing on on May 29, 2024 at 10:00 a.m., United States District Court, Southern District of Texas, Houston Division. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check www.rg2claims.com/trussway.html for updated information.
At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of Attorneys’ Fees, Costs, and Expenses to Class Counsel and the request for a service award to the Class Representatives.
No. You are not required to come to the Final Fairness Hearing. However, you are welcome to attend the hearing on your own time and at your own expense if you so choose.
If you submit an Objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Fairness Hearing, but that is not necessary.
Yes. You can speak at the Final Fairness Hearing but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in Question 15, including all the information required. You cannot speak at the hearing if you exclude yourself from the Settlement.
If you do nothing, you will not get any money from the Settlement, you will not be able to sue for the claims in this case, and you release the claims against Defendants described in Question 8.
This is only a summary of the proposed Settlement. If you want additional information about this lawsuit, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Class Counsel’s Application for Attorneys’ Fees and Expenses, and more, please visit www.rg2claims.com/trussway.html or call 1-(866)-742-4955. You may also contact the Claims Administrator at:
Entrust Data Settlement
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANTS, OR DEFENDANTS’ COUNSEL.