Court filing
Exhibit Ex. C - Declaration of Shawn M. Kennedy ISO Motion — In re Plaid Inc. Privacy Litigation (Dkt. 135-3, N.D. Cal. No. 4:20-cv-03056)
Filed August 26, 2021 in In re Plaid Inc. Privacy Litigation; one of 174 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of California |
|---|---|
| Filed | 2021-08-26 |
U.S. District Court for the Northern District of California · No. 4:20-cv-03056-DMR · Doc. 135-3 · 2021-08-26 · Docket on CourtListener
Full text
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
KENNEDY DECL ISO MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO. 4:20-CV-03056-DMR
HERRERA KENNEDY LLP
Shawn M. Kennedy (SBN 218472)
skennedy@herrerakennedy.com
Bret D. Hembd (SBN 272826)
bhembd@herrerakennedy.com
4590 MacArthur Blvd., Suite 500
Newport Beach, CA 92660
Tel: (949) 936-0900
Fax: (855) 969-2050
HERRERA KENNEDY LLP
Nicomedes Sy Herrera (SBN 275332)
nherrera@herrerakennedy.com
Laura E. Seidl (SBN 269891)
lseidl@herrerakennedy.com
1300 Clay Street, Suite 600
Oakland, CA 94612
Tel: (510) 422-4700
Fax: (855) 969-2050
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
Rachel Geman (Pro Hac Vice)
rgeman@lchb.com
Rhea Ghosh (Pro Hac Vice)
rghosh@lchb.com
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Tel: (212) 355-9500
Fax: (212) 355-9592
Interim Co-Lead Class Counsel
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
Michael W. Sobol (SBN 194857)
msobol@lchb.com
Melissa Gardner (SBN 289096)
mgardner@lchb.com
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Tel: (415) 956-1000
Fax: (415) 956-1008
BURNS CHAREST LLP
Warren T. Burns (Pro Hac Vice)
wburns@burnscharest.com
900 Jackson Street, Suite 500
Dallas, TX 75202
Tel: (469) 904-4550
Fax: (469) 444-5002
BURNS CHAREST LLP
Christopher J. Cormier (Pro Hac Vice)
ccormier@burnscharest.com
4725 Wisconsin Avenue, NW, Suite 200
Washington, DC 20016
Tel: (202) 577-3977
Fax: (469) 444-5002
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
IN RE PLAID INC. PRIVACY
LITIGATION
Master Docket No.: 4:20-cv-03056-DMR
DECLARATION OF SHAWN M.
KENNEDY IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT
Date: August 26, 2021
Time: 1:30 p.m.
Courtroom: 4
Judge: The Hon. Donna M. Ryu
THIS DOCUMENT RELATES TO:
ALL ACTIONS
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 1 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
KENNEDY DECL ISO MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO. 4:20-CV-03056-DMR
I, SHAWN M. KENNEDY, hereby declare as follows:
1.
I am a partner of the law firm of Herrera Kennedy LLP, Interim Co-Lead Counsel
along with Lieff, Cabraser, Heimann & Bernstein, LLP (“Lieff Cabraser”), and Burns Charest, LLP
in the above-captioned action. I am a member in good standing of the Bar of the State of California
and am admitted to practice before this Court. I have personal knowledge of the statements
contained in this declaration and, if called to testify, I could and would testify competently to them.
I submit this declaration in support of the Plaintiffs’ Motion for Preliminary Approval of Class
Action Settlement.
2.
Pursuant to the terms of the Settlement, Plaid has agreed to establish a $58 million
Settlement Fund and implement meaningful changes to its business practices and policies. I and the
other Class Counsel believe these commitments are substantial and will provide fair, adequate, and
reasonable benefits to the Class in exchange for the Releases provided in settlement of this
litigation.
3.
With respect to appointment under Federal Rule of Civil Procedure 23(g), Rachel
Geman of Lieff Cabraser, Christopher Cormier of Burns Charest, and I, and our respective firms,
are well-qualified to serve as Class Counsel for settlement purposes in this litigation, and have
contributed significantly to the development and prosecution of this case. I refer to proposed Class
Counsel as “Class Counsel” herein. Background information on Class Counsel, including our
experience in class and complex litigation, privacy litigation, and litigation involving the financial
sector, can be found in our respective individual declarations previously filed in this matter.1 See
Dkt. 51 and exhibits attached thereto as 51-1, 51-2, and 51-3. We have collectively litigated,
managed, and negotiated successful resolutions of cases involving comparable clients, claims,
classes, and settlements comparable to the claims involved in the present Action. Id. Based on our
collective experience, we are capable of serving the interests of the class through the settlement
phase of this litigation. Id. A representative summary of prior settlements and distributions in recent
cases comparable to this action is attached hereto as Exhibit B.
1 For developments in Lieff Cabraser’s Digital Privacy and Data Security Practice Group that
post-dated the earlier filed declaration, see https://www.lieffcabraser.com/category/digital-
privacy/.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 2 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 2 -
KENNEDY DECL ISO MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO. 4:20-CV-03056-DMR
PRE-LITIGATION INVESTIGATION
4.
The original complaint in this Action (Cottle et al. v. Plaid Inc., No. 4:20-cv-03056-
DMR, filed May 4, 2020) was the product of several months of investigatory work that I and other
Class Counsel undertook in early 2020. Our investigation involved locating and reviewing
hundreds (or thousands) of videos, message board posts, web pages, government submissions to
government regulators, podcasts, marketing materials, articles, and other publications. Through that
investigation, we were able to gather information about Plaid’s historical and current business
practices, as well as the nature of its software and the privacy violations alleged in the complaint.
To get a fuller understanding of how Plaid’s software worked, Class Counsel engaged a subject
matter consultant to analyze various aspects of the software, including the nature of the software
templates provided to Plaid clients and the security involved in transmitting login information
through Plaid Link.
CONSOLIDATED PLEADINGS AND DISCOVERY
5.
After the original complaint was filed, Class Counsel worked cooperatively with
counsel representing clients in subsequently-filed complaints against Plaid. Class Counsel
organized a proposed leadership structure that we, along with other counsel, presented to the Court.
Following our appointment as Interim Class Counsel (and theirs as a Plaintiffs’ Steering
Committee), Class Counsel vetted clients and prepared a Consolidated Amended Complaint.
6.
After the Consolidated Amended Complaint (“CAC”) was filed, Plaintiffs sought
and received significant discovery from Plaid. This discovery took place both before and during
discussions that led to the Settlement. Plaintiffs then sought and received confirmatory discovery
after reaching agreement on settlement terms with Plaid. In response to both formal and informal
discovery requests, Plaid provided information, internal documents, and data that shed light on the
nature and function of Plaid’s software and business practices during the class period, its finances,
and the size and scope of the potential class, among other things.
7.
Class Counsel served—and Plaid responded to—57 document requests, 21
interrogatories, and 51 requests for admissions. Plaid produced over 12,000 pages of documents,
including internal policies and procedures, agreements, correspondence, investigatory materials,
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 3 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
KENNEDY DECL ISO MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO. 4:20-CV-03056-DMR
client lists, and detailed financial information. Plaintiffs also commenced third-party discovery,
having subpoenaed and started discussions with certain banks.
8.
A number of disputed issues arose in connection with formal discovery. Those
issues were highly contested. Over the course of several months, the Parties were able to narrow or
reach agreement on those issues, including through dozens of telephonic and written meet-and-
confers.
9.
Class Counsel, working with the Plaintiffs’ Steering Committee, also responded to
defensive discovery. Class Counsel also engaged a forensics consultant for assistance with future
defensive discovery.
SETTLEMENT
10.
Between February and July 2021, the Parties engaged in lengthy and contentious
arm’s-length negotiations to resolve the claims in the Action. On February 16, 2021, the Parties
engaged in a mediation session with the Hon. Jay Gandhi (ret.). Prior to the mediation, the Parties
prepared detailed mediation briefs outlining their positions on the strengths and weaknesses of the
case, and participated in a technology tutorial session with Judge Gandhi. Plaintiffs also retained
and worked with a financial analyst.
11.
The Parties went into the mediation with substantially different positions relating to
appropriate settlement terms and did not resolve the Action at the initial mediation session.
12.
For the next several months, while the Parties continued to litigate, they continued
to engage in the mediation process with Judge Gandhi, who helped bridge the gap between the
Parties’ positions.
13.
The Parties held another mediation session on April 13, 2021. Before and after that
mediation session, the Parties engaged in extensive communications with each other and Judge
Gandhi regarding points of contention and additional information required to move discussions
forward.
14.
On June 7, 2021, Judge Gandhi made a mediator’s proposal for a class-wide
settlement for $58 million subject to the parties’ negotiation and agreement of injunctive relief
terms. That recommendation was accepted by all Parties in a double-blind process on June 11,
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 4 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 4 -
KENNEDY DECL ISO MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO. 4:20-CV-03056-DMR
2021. Over the next six weeks, the Parties negotiated the terms of a long-form settlement
agreement, including injunctive relief. These negotiations ultimately resulted in the Settlement
Agreement, which was executed on July 30, 2021. Attached hereto as Exhibit A is a true and
correct copy of the Settlement Agreement.
15.
The negotiations of the Settlement Agreement were intense and included multiple
lengthy telephone conferences and extensive email correspondence, as well as the exchange of
multiple drafts of the proposed Settlement Agreement and related materials.
16.
During the negotiation process, the Parties were at many times far apart and often at
odds. The mediator’s direct resolution of disputes was required, at times, to prevent the discussions
from collapsing altogether.
17.
In negotiating the Settlement Agreement, the Parties did not engage in substantive
negotiation about or reach any agreement concerning the amount of attorneys’ fees that should be
awarded, reimbursement of expenses, or class representative service awards (all of which will be
subject to future application to and approval by the Court.2
CLASS COUNSEL’S ROLE AND ANALYSIS
18.
Class Counsel vigorously have led all aspects of case investigation, management,
prosecution, and resolution in this Action. These efforts include, among other things: the
investigation, preparation, and filing of the 105-page CAC; briefing the motion to stay discovery
and the motion to dismiss; discovery; work with consultants; document analysis; multiple
mediation sessions; negotiation of the Settlement Agreement; work on Settlement-related issues
(including consultation with the PSC on allocation); and collection of confirmatory discovery after
reaching agreement on settlement terms with Plaid.
19.
Class Counsel had a wealth of information at their disposal before entering into
settlement negotiations, allowing Class Counsel to adequately assess the strengths and weaknesses
of Plaintiffs’ case and balance the benefits of settlement against the risks of further litigation.
2 All settlement notice and administrative costs will be paid from the Settlement Fund, except that
in the event such costs exceed approximately $5.5 million (which the Parties do not presently
anticipate), the Parties have agreed that Plaid will pay for up to $500,000 of such additional
administrative costs directly to the third-party administrator.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 5 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 5 -
KENNEDY DECL ISO MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO. 4:20-CV-03056-DMR
20.
In addition to certain risks inherent in litigating against a relatively young start-up,
there were risks as to certification and ultimate liability. Plaid has vigorously denied Plaintiffs’
allegations of wrongdoing, and, absent settlement, Plaintiffs anticipate Plaid would defend this
action aggressively at multiple procedural steps prior to trial, including opposing class certification
and moving for summary judgment. While Plaintiffs strongly believe in the merits of their case,
they recognize uncertainties that presents at least some element of risk at multiple, critical junctures
in this Action. For example, all the claims carrying statutory penalties were dismissed except for
California’s Anti-Phishing Act (“CAPA”) claim. Cal. Bus. & Prof. Code § 22948 et seq. As to
CAPA, the law is in its relative infancy in the context of the interpretation of that claim.
21.
The outcome of continued litigation, including trial and likely appeals, is far from
certain, could add years to this litigation, and would entail significant expense. In contrast, the
Settlement provides significant, immediate benefits to the Class.
22.
Based on our collective experience, I and the other Class Counsel believe Plaid’s
commitments are substantial and will provide fair, reasonable, and adequate benefits to the Class,
while reducing the expenditure resources and eliminating the risk of uncertain litigation outcomes.
23.
Certain differences between the proposed litigation classes reflected in the CAC and
the Settlement Class reflect Class Counsel’s determination, based upon information learned
through formal and informal discovery, that (1) the challenged aspects of Plaid’s software and
conduct apply to the users of a broader set of fintech apps and services than those enabling payments
and money transfers; and (2) the “OAuth Process” and “Managed OAuth Process” that Plaid
employed with certain financial institutions at certain points in time should be excluded from the
Class. The Settlement Class is thus broader in that it includes users of more fintech apps and
narrower in that it excludes users who connected to their accounts using a different process than
was described in the CAC.
THE PROPOSED CLASS AND CLASS REPRESENTATIVES
24.
Class Counsel estimates that the Settlement Class reflected in the Settlement
Agreement includes approximately 98 million individuals. Class Counsel derived that estimate
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 6 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 6 -
KENNEDY DECL ISO MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO. 4:20-CV-03056-DMR
from both current data provided by Plaid and assumptions from an internal analysis performed by
Plaid of its data in 2020.
25.
Based on our significant experience in complex consumer class action litigation and
our observations during the course of this case, it is Class Counsel’s professional opinion that the
Class Representatives willingly, constructively, and effectively contributed to the prosecution of
the claims on behalf of the Class. Each proposed Class Representative has contributed to the
prosecution of the Action and fully cooperated with Class Counsel, the PSC, and other counsel for
Plaintiffs. They have participated in a thorough vetting process undertaken by Class Counsel,
stayed informed about the case, preserved relevant documents and ESI, responded to discovery
requests, and responded to Class Counsel’s requests for information for the benefit of the Class.
26.
Each Class Representative was informed about the terms of the Settlement
Agreement before it was signed, approves its terms, and supports its approval by the Court. Each
has expressed continued willingness to protect the Class until the Settlement is approved and its
administration completed.
SELECTION OF ANGEION AS SETTLEMENT ADMINISTRATOR
27.
Class Counsel chose Angeion Group, LLC (“Angeion”) as the settlement
administrator for this Action after a competitive selection process involving the solicitation of
proposals from three well-known and experienced settlement administration firms. The choice of
Angeion was driven by the experience of its principals, the sophisticated and tailored nature of its
proposal (especially for reaching Class Members through a digital media campaign), and the overall
cost-effectiveness of its proposal.
28.
Appointment of Angeion as settlement administrator is appropriate because Class
Counsel believes it will adequately and professionally discharge its duties. Angeion’s
qualifications, along with the notice plan, are set out in the Declaration of Steven Weisbrot
submitted concurrently with this Motion.
* * *
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 7 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 7 -
KENNEDY DECL ISO MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO. 4:20-CV-03056-DMR
29.
Class Counsel have vigorously represented the Class for well over a year and
ultimately obtained significant monetary and injunctive relief for Class Members. We remain fully
committed to dedicating the necessary resources and collaborating for the benefit of the Class.
*
*
*
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed this 5th day of August, 2021, in Newport Beach, California.
/s/ Shawn M. Kennedy
Shawn M. Kennedy
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 8 of 132
EXHIBIT A
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 9 of 132
HERRERA KENNEDY LLP
Shawn M. Kennedy (SBN 218472)
skennedy@herrerakennedy.com
4590 MacArthur Blvd., Suite 500
Newport Beach, CA 92660
Tel: (949) 936-0900
Fax: (855) 969-2050
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
Rachel Geman (Pro Hac Vice)
rgeman@lchb.com
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Tel: (212) 355-9500
Fax: (212) 355-9592
BURNS CHAREST LLP
Christopher J. Cormier (Pro Hac Vice)
ccormier@burnscharest.com
4725 Wisconsin Avenue, NW, Suite 200
Washington, DC 20016
Tel: (202) 577-3977
Fax: (469) 444-5002
COOLEY LLP
Michael G. Rhodes (SBN 116127)
rhodesmg@cooley.com
Whitty Somvichian (SBN 194463)
wsomvichian@cooley.com
Kyle C. Wong (SBN 224021)
kwong@cooley.com
Lauren J. Pomeroy (SBN 291604)
lpomeroy@cooley.com
Ellie Barczak (SBN 329180)
ebarczak@cooley.com
Cameron J. Clark (SBN 313039)
cclark@cooley.com
3 Embarcadero Center, 20th Floor
San Francisco, CA 94111-4004
Tel: (415) 693-2181
Fax: (415) 693-2222
Attorneys for Defendant PLAID INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
IN RE PLAID INC. PRIVACY
LITIGATION
Master Docket No.: 4:20-cv-03056-DMR
CLASS ACTION SETTLEMENT AGREEMENT
THIS DOCUMENT RELATES TO:
ALL ACTIONS
Hon. Donna M. Ryu
Plaintiffs Caroline Anderson, James Cottle, Rachel Curtis, David Evans, Logan Mitchell,
Alexis Mullen, Jordan Sacks, Frederick Schoeneman, Gabriel Sotelo, Jeffrey Umali, and
Nicholas Yeomelakis, on their own behalf and on behalf of the Class Members, and Defendant
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 10 of 132
- 2 -
Plaid Inc. (“Plaid”) hereby enter into this Class Action Settlement Agreement pursuant to Fed. R.
Civ. P. 23, subject to the approval of the Court.
RECITALS
1.
WHEREAS on May 4, 2020, Plaintiffs James Cottle and Frederick Schoeneman
filed a Complaint and commenced the action Cottle et al. v. Plaid Inc., No. 4:20-cv-03056-DMR
(“Cottle Action”);
2.
WHEREAS on July 29, 2020, the Court granted a stipulation to consolidate the
Cottle Action with four subsequently-filed related actions (collectively the “Action”), and to
appoint interim Class Counsel under Federal Rule of Civil Procedure 23(g) (Dkt. 51, 57);
3.
WHEREAS on August 5, 2020, consolidated Plaintiffs Caroline Anderson, James
Cottle, Rachel Curtis, David Evans, Logan Mitchell, Alexis Mullen, Jordan Sacks, Frederick
Schoeneman, Gabriel Sotelo, Jeffrey Umali, and Nicholas Yeomelakis filed the Consolidated
Amended Class Action Complaint (Dkt. 61);
4.
WHEREAS on September 14, 2020, Plaid filed a motion to dismiss the
Consolidated Amended Class Action Complaint (Dkt. 78);
5.
WHEREAS on April 30, 2021, the Court granted in part Plaid’s motion to
dismiss, dismissing Plaintiffs’ claims for declaratory and injunctive relief, as well as their claims
under the Stored Communications Act, 18 U.S.C. §§ 2701 et seq., Unfair Competition Law, Cal.
Bus. & Prof. Code § 17200, Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and Computer Data
and Access Fraud Act, Cal. Penal Code § 502 with prejudice, and denied Plaid’s motion to dismiss
as to Plaintiffs’ invasion of privacy/intrusion into private affairs and unjust enrichment claims for
a nationwide class, and their deceit, California Constitution (Article I, Section I), and California
Anti-Phishing Act of 2005 claims for a California class (Dkt. 125);
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 11 of 132
- 3 -
6.
WHEREAS counsel for the Parties conducted arm’s length negotiations with the
assistance of a third-party neutral, the Honorable Jay Gandhi (Ret.), with respect to a resolution
of the claims in the Action, including a full-day mediation session on February 16, 2021, a half-
day mediation session on April 13, 2021, and further negotiations with the assistance of the
mediator following each session;
7.
WHEREAS, as a result of those efforts, on June 11, 2021, the parties reached
agreement on certain material settlement terms;
8.
WHEREAS on June 16, 2021, the parties filed a stipulation to stay all non-
settlement proceedings in the Action, pending finalization and execution of a long form
settlement agreement, which was granted on June 17, 2021 (Dkt. 132, 133);
9.
WHEREAS this Agreement shall not be construed or deemed to be evidence of or
an admission, presumption or concession on the part of Plaid of any fault, liability, or
wrongdoing as to any facts or claims asserted in this action (or any infirmity in the defenses it
has asserted or could assert in the Action), or any other actions or proceedings, and shall not be
interpreted, construed, offered, or received in evidence or otherwise used against Plaid in any
other action or proceeding, whether civil, criminal or administrative;
10.
WHEREAS the Parties recognize that continued prosecution of this litigation
would be protracted and expensive, and the results uncertain;
11.
WHEREAS Plaintiffs have conducted discovery relating to the basis for the
claims alleged in the Action and Class Counsel conclude that while they continue to believe they
have meritorious claims, in light of the substantial benefits the Agreement confers on the Class
Members, the applicable law, the uncertainties in the outcome of the Action, and the expense and
length of time necessary to prosecute the Action through trial and possible appeals, that the terms
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 12 of 132
- 4 -
of the Agreement are fair, adequate, and reasonable, and that it is in Class Members’ interest that
the Action be fully and finally settled against Plaid on the terms set forth herein.
12.
WHEREAS Plaid denies any and all allegations of wrongdoing, and maintains
that it is clear and transparent about its role in enabling consumers to safely connect their
financial accounts to the apps and services of their choosing. Plaid contends that it has iterated
and enhanced its business practices over time, and has distinguished itself with industry-leading
practices that empower consumers with control and transparency over the data they share across
the thousands of applications Plaid supports. Further, Plaid maintains that it has not and does not
sell or rent data to third parties, and employs robust information security practices to protect
consumers. Plaid believes that its time, resources, and energy are better spent continuing to focus
on enabling its customers to provide the apps and services that users need and want to manage
their financial lives, and given that, Plaid thinks it is beneficial to fully and finally settle and
terminate this Action in the manner specified and in accordance with the terms of this
Agreement.
NOW THEREFORE, the Parties, by and among themselves, and through their respective
attorneys, hereby STIPULATE AND AGREE as follows:
DEFINITIONS
13.
“Agreement” means this Class Action Settlement Agreement.
14.
“Action” means In re Plaid Inc. Privacy, No. 4:20-cv-03056-DMR (N.D. Cal.)
and all cases consolidated and/or related thereto.
15.
“Approved Claim” means a Claim Form, submitted by a Class Member that (a) is
submitted timely and in accordance with the directions on the Claim Form and the provisions of
this Agreement; (b) is fully completed and executed by the Class Member with all of the
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 13 of 132
- 5 -
information requested in the Claim Form; (c) is signed by the Class Member; and (d) is verified
by the Settlement Administrator.
16.
“Authorized Claimant” means a Class Member who submits an Approved Claim.
17.
“Claims Deadline” means the date by which a Claim Form must be postmarked or
received to be timely.
18.
“Claim Form” means the document substantially in the form attached hereto as
Exhibit A.
19.
“Class” means all natural persons who reside in the United States and who own or
owned one or more Financial Accounts at the time such persons resided in the United States
from January 1, 2013 to the date preliminary approval of the settlement is granted.
20.
“Class Counsel” means Christopher Cormier, Burns Charest LLP; Shawn
Kennedy, Herrera Kennedy LLP, and Rachel Geman, Lieff, Cabraser, Heimann & Bernstein,
LLP.
21.
“Class Members” means all members of the Class, except the following: (a) Plaid
and any and all of its predecessors, successors, assigns, parents, subsidiaries, affiliates, directors,
officers, employees, agents, representatives, and attorneys, and any and all of the parents’,
subsidiaries’, and affiliates’ present and former predecessors, successors, assigns, directors,
officers, employees, agents, representatives, and attorneys; (b) any judicial officer presiding over
the Action, or any member of his or her immediate family or of his or her judicial staff; and (c)
any Excluded Class Member.
22.
“Class Representatives” or “Plaintiffs” means Caroline Anderson, James Cottle,
Rachel Curtis, David Evans, Logan Mitchell, Alexis Mullen, Jordan Sacks, Frederick
Schoeneman, Gabriel Sotelo, Jeffrey Umali, and Nicholas Yeomelakis.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 14 of 132
- 6 -
23.
“Cost and Fee Award” means any attorneys’ fees and reimbursement of actual
out-of-pocket expenses awarded by the Court to Class Counsel for work performed by Class
Counsel and Plaintiffs’ Steering Committee Firms, as well as any other firm that performed
approved work on behalf of Plaintiffs.
24.
“Court” means the United States District Court for the Northern District of
California.
25.
“Cy Pres Recipient” means an organization approved by the Court to receive cy
pres funds from non-distributable residual funds in the Escrow Account, as described in Section
E.
26.
“Effective Date” means the first date after which the following events and
conditions have occurred: (a) the Court has entered a Final Judgment; and (b) the Final
Judgment has become final in that the time for appeal or writ has expired or, if any appeal and/or
petition for review is taken and the settlement is affirmed, the time period during which further
petition for hearing, appeal, or writ of certiorari can be taken has expired. If the Final Judgment
is set aside, materially modified, or overturned by the Court or on appeal, and is not fully
reinstated on further appeal, the judgment shall not be a Final Judgment.
27.
“Escrow Account” means the separate, interest-bearing escrow account to be
established by the Settlement Administrator under terms agreed upon with Class Counsel.
28.
“Excluded Class Member” means any Class Member who has timely exercised
their right to be excluded from the Class.
29.
“Exhibits” means the exhibits to this Agreement.
30.
“Final Approval Hearing” means a hearing scheduled by the Court to determine
the final fairness of the settlement embodied in this Agreement and whether to certify the class
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 15 of 132
- 7 -
for purposes of judgment on the proposal, provided that the Court grants preliminary approval
and orders the Notice of Class Action Settlement, as provided for herein.
31.
“Final Judgment” means the Final Judgment and Order of Dismissal, as entered
by the Court, substantially in the form attached hereto as Exhibit B.
32.
“Financial Account” means a financial institution account (1) that Plaid accessed
using the user’s login credentials and connected to a mobile or web-based fintech application that
enables payments (including ACH payments) or other money transfers or (2) for which a user
provided financial account login credentials to Plaid through Plaid Link. Notwithstanding the
foregoing, a Financial Account does not include an account that was connected, or for which
credentials were provided, exclusively through an OAuth Process or Managed OAuth Process.
33.
“Managed OAuth Process” means a process through which Plaid obtains login
credentials in order to secure an access token pursuant to a formal agreement with the applicable
financial institution and does not store those login credentials.
34.
“Net Settlement Fund” means the Settlement Fund less all amounts approved by
the Court for distribution to any person or entity other than the Class Members and less any
Service Award the Court may order for lead Class Representatives.
35.
“Notice Date” means the date by which the notice called for by the Notice Plan is
substantially completed, which shall be either (a) November 12, 2021; or (b) a date no later than
seventy (70) days after entry of the Preliminary Approval Order, whichever occurs later.
36.
“Notice of Class Action Settlement” means the form of written notice of the
proposed Class Action Settlement, as approved by the Court in the Preliminary Approval Order,
substantially in the form attached hereto as Exhibit C.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 16 of 132
- 8 -
37.
“Notice Plan” means the plan for publishing notice to Class Members, which is
attached as Exhibit D.
38.
“OAuth Process” means a process through which Plaid redirects an end user to
the financial institution’s domain to enter their login credentials and does not obtain login
credentials for the end user.
39.
“Objection/Exclusion Deadline” means the date by which a written objection to
the settlement or an exclusion request must be filed with the Court or postmarked to be timely,
which shall be a date no later than thirty-five (35) days after the Notice Date.
40.
“Parties” means the Class Representatives and Plaid.
41.
“Plaid” means defendant Plaid Inc.
42.
“Plaid’s Counsel” means Cooley LLP.
43.
“Plaid Link” means a consumer facing interface developed by Plaid, as
incorporated in mobile or web-based applications or services, that guides an end user through the
process of linking a financial institution account to the application or service via Plaid.
44.
“Preliminary Approval Order” means the Court’s order determining it will be
likely to certify the Class at final approval, approving and directing notice, and setting the Final
Approval Hearing, substantially in the form attached hereto as Exhibit E.
45.
“Released Claims” means any and all actions, causes of action, claims, demands,
liabilities, obligations, damages (including, without limitation, punitive, exemplary and multiple
damages), penalties, sanctions, losses, debts, contracts, agreements, attorneys’ fees, costs,
expenses, and rights of any nature and description whatsoever, whether based on federal, state, or
local statutes, common law, regulations, rules or any other law of the United States or foreign
jurisdiction, known or unknown, fixed or contingent, suspected or unsuspected, in law or in
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 17 of 132
- 9 -
equity, arising from or related to allegations in the Action that were asserted or could have been
asserted in the Action by the Releasing Parties against the Released Parties.
46.
“Released Parties” means Plaid and any and all of its present or former
predecessors, successors, assigns, parents, subsidiaries, affiliates, directors, officers, employees,
agents, representatives, and attorneys, and any and all of the parents’, subsidiaries’, and
affiliates’ present and former predecessors, successors, assigns, directors, officers, employees,
agents, representatives, and attorneys.
47.
“Releasing Parties” means Plaintiffs and Class Members, regardless of whether
such Class Members submit claims, and all of their present, former, and future heirs, executors,
administrators, representatives, agents, attorneys, predecessors-in-interest, successors, assigns,
and legatees.
48.
“Service Award” means any amount awarded by the Court to the Class
Representatives following the written motion or application for such award.
49.
“Settlement Administrator” means the third-party class action administrator as
appointed by the Court in the Preliminary Approval Order.
50.
“Settlement Amount” means $58,000,000.00 in United States currency.
51.
“Settlement Website” means the website containing Notice and other settlement
documents maintained by the Settlement Administrator.
SETTLEMENT CONSIDERATION
52.
In consideration for the releases set forth below, and the dismissal with prejudice
of the Action, Plaid shall provide the following settlement benefits to Class Members.
A.
Injunctive Relief: Business Practice Changes
1.
Website and End User Privacy Policy (EUPP)
53.
Plaid will enhance the following disclosures in its EUPP:
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 18 of 132
- 10 -
a.
Provide additional detail about the categories of personal information
Plaid collects from users’ financial accounts for each Plaid product. In particular, for each Plaid
product, excluding products in development, Plaid will provide (a) a plain-language list of the
category or categories of personal information Plaid collects and (b) a plain-language statement
providing the general reason(s) Plaid collects the category or categories of personal information
identified in (a).
b.
Provide additional detail about how Plaid uses data. In particular, Plaid
will include a table that specifies, for each category of personal information that Plaid collects
about users, (a) the categories of sources of the personal information; (b) the categories of uses
for which Plaid collects the personal information; and (c) the categories of parties, if any, with
whom Plaid shares personal information (e.g., the developer of the user’s application).
c.
Provide a plain-language explanation of Plaid’s deletion and retention
practices related to personal information collected from users’ financial accounts, which, at a
minimum, will include a description of Plaid’s deletion practices when Plaid is notified that the
data requested by an application is no longer being used by any Plaid customer.
d.
Provide a dedicated section explaining in plain-language terms the privacy
controls Plaid has made available to users (e.g., “Privacy Control Section”), regardless of
whether those controls are guaranteed by any legal right (e.g., GDPR, CCPA). In this dedicated
section, Plaid will include plain-language instructions to users that explain how to navigate to the
Data Protection Rights section of the EUPP and how users can exercise those rights, as
applicable.
e.
If Plaid publicly launches a product previously in development or
implements changes to an existing product and the newly launched or changed product is not
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 19 of 132
- 11 -
already explicitly described in the EUPP, then Plaid shall update its EUPP on at least an annual
basis to add such details outlined in paragraph 53(a) of its newly launched or changed products.
In no event shall Plaid publicly launch a product that involves the collection or use of data not
otherwise captured by the general terms of its EUPP.
54.
Plaid will ensure that Plaid’s website includes and/or continues to include the
following:
a.
A prominent reference to Plaid Portal (currently available at
my.plaid.com) on its website homepage, including a link to the Plaid Portal and a plain-language
description of the user controls available on Plaid Portal.
b.
A dedicated webpage with detailed information about Plaid’s security
practices described in plain language (currently available at https://plaid.com/how-we-handle-
data/).
2.
Implemented Changes
55.
Plaid confirms it continuously makes updates to its business practices, including
the following changes that were implemented or finalized, in part, after the filing of the initial
class action complaint in this litigation on May 4, 2020:
a.
The launch of certain consumer education pages about Plaid’s practices on
Plaid’s website, such as https://plaid.com/how-we-handle-data/; https://plaid.com/why-is-plaid-
involved/; and https://plaid.com/discover-apps/.
b.
The addition of the following language to the credentials pane of
Plaid’s standard Link flow for relevant products: “By providing your [financial institution name]
credentials to Plaid, you’re enabling Plaid to retrieve your financial data.”
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 20 of 132
- 12 -
c.
The addition of a link entitled “Why is Plaid involved?” to the institution
selection pane of Plaid’s standard Link flow. The link opens to the following text: “Plaid lets you
connect your financial accounts to apps and services. This is a service provided by Plaid. The
connection Plaid provides to your financial account(s) does not imply affiliation with any
financial institution.”
3.
Plaid Link
56.
Plaid will ensure that Plaid’s standard Link flow includes and/or continues to
include the following:
a.
The consent pane for Plaid’s standard Link flow continues to 1) refer
expressly to Plaid and explain that Plaid is used to link the user’s accounts, 2) include a
conspicuous link to the EUPP, and 3) require the user to agree to Plaid’s privacy policy by taking
clear affirmative action (e.g., by clicking “Continue”). For the avoidance of doubt, the standard
Link flow is the uniform set of panes for Plaid Link that Plaid offers to all customers. It does not
include flows involving an OAuth Process or Managed OAuth Process, or flows where the
customer designs or controls the consent pane.
b.
The credential pane for Plaid’s standard Link flow explains that the user’s
credentials are being “provided to Plaid.”
c.
The background color of the credential pane for Plaid’s standard Link
flow does not utilize the color scheme associated with a specific financial institution for that
financial institution. For the avoidance of doubt, and as permitted under applicable law and
agreements with financial institutions, the foregoing does not preclude Plaid from using the logo
for a financial institution on the credential pane in Plaid Link even if that logo includes the color
associated with a specific financial institution, or from using a general color scheme on the
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 21 of 132
- 13 -
credential pane in Plaid Link that applies regardless of which non-OAuth financial institution a
user selects.
d.
For the avoidance of doubt, the foregoing provisions do not apply to
financial institutions with which Plaid has entered into a binding Data Access Agreement
(“DAA”) with conflicting requirements. In such situations, Plaid will adhere to the terms of the
binding DAA. Plaid affirms that the terms within its existing DAAs would not prohibit it from
fulfilling its obligations in Paragraph 56(a).
57.
Plaid will take reasonable commercial efforts to ensure that Plaid customers using
Plaid’s standard Link flow continue to comply with the above aspects of Plaid Link, except that
the above requirements will not apply where Plaid is operating as a service provider to its
customers.
4.
Plaid Portal
58.
Plaid agrees that the class notice will prominently:
a.
Disclose that users can create a Plaid Portal account;
b.
Explain the user controls available through Plaid Portal; and
c.
Provide the URL for Plaid Portal.
59.
Plaid will take reasonable commercial efforts to send periodic email reminders to
Plaid Portal account holders generally describing the user controls available in Plaid Portal,
which at a minimum, and to the extent technically feasible, should enable users to disconnect
apps from their financial accounts and delete financial data stored in Plaid’s systems.
5.
Data Minimization
60.
With respect to data retrieved from users’ financial accounts, Plaid will only store
the categories of data for the Plaid product(s) that the user’s application specifically requests
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 22 of 132
- 14 -
from Plaid or that are necessary for Plaid to offer its services, unless the user has expressly
consented to the retrieval of additional data fields.
61.
For the avoidance of doubt, the foregoing does not restrict Plaid’s ability to store
data for debugging, security, privacy (e.g., the storage of privacy notices or compliance with
Paragraph 59 above), support, and other such purposes, or as required for compliance with
applicable law, provided that Plaid will not disclose any such categories of data to customers that
the customer did not previously request from Plaid (as specified in Paragraph 60).
62.
Plaid will use its best efforts to continue to inform its customers about its
/item/remove endpoint, which terminates the customer’s access to data, and may lead to data
deletion (if such data is not actively used by another customer).
6.
Data Deletion
63.
Plaid will, within the time periods specified in Paragraphs 64-66, delete the
following data, to the extent not already deleted:
a.
Data retrieved as part of Plaid’s Transactions product for users that Plaid
can reasonably determine did not connect an account to an app that requested Transactions data.
For the avoidance of doubt, the foregoing does not require Plaid to delete data retrieved as part of
another Plaid product for which the user currently has an active connection. To illustrate, if a
user connects an app that requests data from Plaid’s Auth API and Plaid collects that requested
data for that app, such data will not be deleted even if it overlaps with other data that would
otherwise be covered by the first sentence of this section.
b.
In accordance with its internal data deletion policies, data for users for
whom Plaid is aware that it no longer has valid means that can be used to authenticate with the
bank.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 23 of 132
- 15 -
7.
Applicable Time Frames
64.
Except as provided herein, where a provision above contemplates a change to
Plaid’s existing practice, the change will be implemented within 180 days from the Effective
Date of this settlement (the “Implementation Date”) and will continue for a period of three years
from the Implementation Date.
a.
Plaid agrees to take reasonable commercial efforts to begin
implementation of the changes described in Paragraph 60 by no later than the end of 2022 and
these changes will continue for a period of three years thereafter.
65.
Where a provision above relates to the continuation of an existing Plaid practice,
the commitment will continue for three years commencing from the Effective Date.
66.
Plaid confirms it does not presently intend to change the agreed business practices
after the three-year periods referenced above, but a defined time limitation is appropriate and
necessary given the anticipated ongoing evolution of Plaid’s technology and the overall
ecosystem in which Plaid operates.
8.
Other Terms and Considerations
67.
Within the three-year effective periods of Paragraphs 64-66, Plaid shall have
discretion to modify any of the practices referenced above if required by state, federal, local,
court, and/or agency statute, mandate, regulation, regulatory guidance, industry standards for
open banking (set by recognized standards setting organizations, including FDX or similarly
situated organizations) or court order. Within the three-year effective periods of Paragraphs 64-
66, where a modification of a practice, as permitted by the foregoing sentence, would directly
conflict with a commitment under this Agreement, Plaid will provide notice to Plaintiffs via
Class Counsel before the modification goes into effect.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 24 of 132
- 16 -
68.
For the avoidance of doubt, nothing contained herein should prevent Plaid from
making changes to other practices not addressed in this Agreement.
69.
The provisions of this agreement shall only be effective for Plaid’s products and
services offered in the United States.
70.
Within thirty (30) days after the Implementation Date, Plaid shall provide a
declaration to Class Counsel certifying Plaid’s compliance with, and describing the status of its
implementation of, provisions enumerated in Paragraphs 53-66 above. On an annual basis
thereafter and until the expiration of Plaid’s obligations, Plaid shall provide to Class Counsel an
updated declaration and report that describes any change in the status of implementation.
B.
Monetary Relief
71.
Plaid agrees to pay and shall deposit in the Escrow Account, as set forth below,
the total amount of Fifty-Eight Million U.S. Dollars ($58,000,000.00) as a non-reversionary cash
Settlement Fund.
72.
Within ten (10) days after entry of the Preliminary Approval Order, Plaid shall
deposit into the Escrow Account that portion of the Settlement Fund projected to be adequate to
pay for the costs of the Notice Plan and CAFA Notice based on reasonable estimates of the
Settlement Administrator.
73.
Within ten (10) days after the later of the Court’s Order granting any Cost and Fee
Award or entry of Final Judgment, Plaid shall deposit the full amount of such Cost and Fee
Award into the Escrow Account, whether or not the Effective Date has occurred.
74.
Within ten (10) days after the Effective Date, Plaid shall deposit the balance of
the Settlement Fund into the Escrow Account.
75.
The Settlement Fund shall be a court-approved Qualified Settlement Fund
(“QSF”) for federal tax purposes pursuant to Treas. Reg. § 1.468B-1. Plaid shall be the
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 25 of 132
- 17 -
“transferor” to the QSF within the meaning of Section 1.468B-1(d)(1) of the Treasury
Regulations with respect to the Settlement Fund. The Settlement Administrator shall be the
“administrator” of the QSF within the meaning of Section 1.468B-2(k)(3) of the Treasury
Regulations, responsible for causing the filing of all tax returns required to be filed by or with
respect to the QSF, paying from the QSF any taxes owed by or with respect to the QSF, and
complying with any applicable information reporting or tax withholding requirements imposed
by Section 1.468B-2(l)(2) of the Treasury Regulations or any other applicable law on or with
respect to the QSF. Plaid shall provide to the Settlement Administrator any documentation
required for the Settlement Administrator to facilitate obtaining QSF status for the Settlement
Fund pursuant to Treas. Reg. §1.468B-l. All taxes on income or interest generated by the
Settlement Fund, if any, shall be paid out of the Settlement Fund.
76.
The Escrow Account shall be maintained at The Huntington National Bank,
which is a depository institution insured by the Federal Deposit Insurance Corporation which has
total assets of at least $500 million and a short-term deposit rating of at least P-1 (Moody’s) or
A-1 (Standard & Poors). Funds in the Escrow Account shall be invested in the following types
of accounts and/or instruments and no other: (i) demand deposit accounts and/or (ii) time deposit
accounts and certificates of deposit, in either case with maturities of forty-five (45) days or less.
77.
In no event shall Plaid’s financial obligation under this Agreement exceed the
amount of the Settlement Fund as provided for in this Section.
C.
Distribution of the Settlement Fund
78.
The Settlement Fund shall be distributed as follows:
a.
All of the following shall be paid from the Settlement Fund: any amounts
approved by the Court for Cost and Fee Award(s) and Service Award(s); Escrow Account tax
liabilities and tax expenses; costs of providing Notice under the Class Action Fairness Act
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 26 of 132
- 18 -
(“CAFA Notice”), 28 U.S.C. § 1715; and any costs relating to the implementation of the
settlement, including without limitation costs charged by the Settlement Administrator in
disseminating Notice to Class Members in accordance with the Notice Plan, processing Claim
Forms, objections, and requests for exclusion, administering payments to Authorized Claimants,
establishing and maintaining the Settlement Website and Escrow Account, and otherwise
performing the services it is obligated to perform under this Agreement. The remaining amount,
plus any interest or investment income earned on sums deposited into the Escrow Account, shall
constitute the Net Settlement Fund.
b.
The Net Settlement Fund shall be distributed pro rata to Authorized
Claimants by the Settlement Administrator within sixty (60) days after the Effective Date, or
such other date as the Court may set. The calculation, allocation, and distribution processes shall
work as follows:
i.
First, the number of shares for distribution in the Net Settlement
Fund shall be calculated by calculating the sum of all Approved Claims submitted by Class
Members.
ii.
Second, the Settlement Administrator shall determine the dollar
amount to be allocated for each share of the settlement fund by dividing the Net Settlement Fund
by the number of Approved Claims
iii.
Third, the Settlement Administrator shall distribute to each
Authorized Claimant a monetary payment value equal to one share of the Net Settlement Fund.
For each Authorized Claimant, the Settlement Administrator shall pay Authorized Claims using
the method designated by the Authorized Claimant, i.e., by physical check, ACH (Automated
Clearing House) transfer, or deposit to a designated PayPal or Venmo account.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 27 of 132
- 19 -
iv.
Authorized Claimants who receive a physical check shall have
ninety (90) days after the date of issuance to cash the check. Any funds from checks not cashed
within that ninety (90) day period, funds from checks returned as undeliverable, and funds from
failed ACH, PayPal, or Venmo transfers shall revert to the Settlement Fund. If, in consultation
with the Settlement Administrator, the Parties determine that any such reverted funds can be
distributed pro rata to other Authorized Claimants, or a subset of Authorized Claimants, such as
those who requested payment by electronic means, in a way that is economically feasible, such
funds shall be distributed accordingly, within forty-five (45) days after the ninety (90)-day period
during which checks issued in the initial distribution are valid. If, in consultation with the
Settlement Administrator, the Parties determine that a pro rata distribution to Authorized
Claimants, or a subset thereof, is not economically feasible, then any such reverted funds shall be
distributed by the Settlement Administrator pro rata to the Cy Pres Recipient(s) within forty-five
(45) days after the ninety (90)-day period during which checks issued in the first distribution are
valid. In no event shall any such reverted funds constitute abandoned or unclaimed property.
79.
Notwithstanding paragraph 78, if the number of Authorized Claimants results in
an initial pro rata payment amount per Authorized Claimant that the Parties, in consultation with
the Settlement Administrator and the mediator, believe is not economically feasible to distribute
to Authorized Claimants, Class Counsel will submit for Court approval as part of the Final
Judgment an alternative plan of distribution under which the Settlement Administrator will
distribute the Net Settlement Fund pro rata to the Cy Pres Recipient(s).
D.
Claims Administration
80.
The Claims Deadline shall be set as a date no later than ninety (90) days after the
Notice Date. Class Members shall have until the Claims Deadline to submit a Claim Form,
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 28 of 132
- 20 -
substantially in the form attached hereto as Exhibit A. The Claim Form shall be available for
submission in electronic and paper format.
81.
Each Class Member may submit only one Claim Form, regardless of how many
Financial Accounts they may own, and therefore each Class Member is limited to only one
Approved Claim.
82.
The Settlement Administrator shall review all claims to determine their validity
and shall employ reasonable procedures to screen claims for abuse or fraud. The Settlement
Administrator may reject any claim that is not submitted by a Class Member; is a duplicate of
another claim; is reasonably suspected to be fraudulent; or is submitted after the Claims
Deadline. Plaid agrees to provide reasonable cooperation and assistance to the Settlement
Administrator upon request of the Settlement Administrator in connection with determining the
validity of claims submitted by Class Members, including where data potentially needed to
validate claims cannot be transmitted directly to the Settlement Administrator due to security or
other reasons. Late claims may be considered if deemed appropriate by the Settlement
Administrator in consultation with Class Counsel, or if ordered by the Court.
83.
The Settlement Administrator shall determine whether a Claim Form submitted
by a Class Member is an Approved Claim and shall reject Claim Forms that fail to comply in any
material respect with the instructions in the Notice Plan or the terms of this Agreement. Before
rejecting a claim, the Settlement Administrator will notify the claimant and give the claimant two
weeks from the date of notice to correct any deficiency.
E.
Cy Pres Recipients
84.
No later than seven (7) days before the Court holds a hearing on preliminary
approval of this Agreement, Class Counsel shall identify one or more Cy Pres Recipients to
recommend to the Court for approval and shall comply with the requirements set forth in the
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 29 of 132
- 21 -
Northern District of California guidance1 on cy pres awards. The Cy Pres Recipient(s) shall be
independent organizations with a track record of addressing consumer privacy concerns on web-
based or mobile applications and/or in connection with the information stored in personal
financial accounts, directly or through grants. Such organization(s), as a condition of receiving
settlement funds, shall commit to use the funds to promote the protection of online privacy
and/or financial privacy. Before submitting their proposed Cy Pres Recipients to the Court, Class
Counsel will disclose them to Plaid.
85.
Each Cy Pres Recipient shall agree that, if approved by the Court, it shall provide
a report to the Parties within one hundred eighty (180) days after the Effective Date and on a
periodic basis not to exceed one hundred eighty (180) days thereafter, describing how it has used
any cy pres funds and how it intends to use any remaining funds. Class Counsel shall be
responsible for ensuring that such reports are posted on the Settlement Website.
86.
Plaid shall not exercise any control or influence over any Cy Pres Recipient’s
expenditure of any cy pres funds.
RELEASES
87.
The Parties agree that should the Court grant final approval of the settlement and
enter the Final Judgment, such Final Judgment shall include a provision retaining the Court’s
jurisdiction over the Parties to enforce the terms of this Agreement.
88.
Upon the Effective Date, the Releasing Parties, and each of them, shall be deemed
to have, and by operation of the Final Judgment shall have, fully, finally, and forever released,
relinquished, and discharged all Released Claims against the Released Parties, and each of them,
whether or not such Releasing Party has made a claim under the settlement. This Agreement
1 Currently set forth at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 30 of 132
- 22 -
shall be the sole and exclusive remedy for any and all Released Claims against the Released
Parties. In entering into this Release, the Releasing Parties acknowledge that they assume the
risk of any mistake of fact or law. If they, or any of them, should later discover that any fact
which they relied upon in entering into this Agreement is not true, or that their understanding of
the facts or law was incorrect, they shall not be entitled to modify, reform, or set aside this
Agreement, in whole or in part, by reason thereof.
89.
Upon the Effective Date, the Plaintiffs and each and every Class Member shall be
bound by this Agreement, and each of them shall be enjoined from commencing or prosecuting
any action in any court or tribunal asserting any of the Released Claims, either directly,
representatively, derivatively or in any other capacity, against any of the Released Parties.
90.
Except as explicitly provided herein, nothing in this Agreement abrogates,
supersedes, modifies, or qualifies in any way any of the contractual terms and conditions
applicable in the ordinary course of business to any relationship that may exist between Plaid and
the Class Representatives or Class Members.
91.
Nothing in paragraphs 88 and 89 of this Agreement shall be a bar to a claim,
complaint, action, or proceeding for breach of this Agreement.
92.
The Releasing Parties acknowledge that they have consulted with legal counsel
and are familiar with the provisions of California Civil Code Section 1542, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.
93.
The Releasing Parties, being aware of California Civil Code Section 1542,
expressly waive any rights they may have under that statute as well as under any other statute or
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 31 of 132
- 23 -
common law principles of similar effect with respect to the claims released in paragraphs 88 and
89, arising out of or relating to the Action. The Releasing Parties acknowledge that they may
discover facts in addition to or different from those that they now know or believe to be true with
respect to the subject matter of the Released Claims, but that it is their intention to finally and
forever settle and release the Released Claims.
NOTICE OF CLASS ACTION SETTLEMENT
94.
The Parties agree to provide notice of the settlement to Class Members in
accordance with the Notice Plan attached as Exhibit D. The Parties shall agree on the form and
content of notices contemplated in the Notice Plan, which must be consistent with the Notice of
Class Action Settlement attached hereto as Exhibit C.
95.
The Settlement Administrator shall be responsible for disseminating notice
pursuant to the Notice Plan and for operating the Settlement Website. Any material deviation
from the Notice Plan must be approved by the Parties and the Court.
96.
All costs associated with the Notice Plan, including the fees and costs of the
Settlement Administrator, shall be paid from the Settlement Fund. The Parties agree to
cooperate in the settlement administration process and to make all reasonable efforts to control
and minimize the costs and expenses incurred in the administration of the settlement.
APPROVAL OF SETTLEMENT & SETTLEMENT IMPLEMENTATION
97.
Preliminary Approval Hearing. The Class Representatives will move for
preliminary approval of the settlement, submit this Agreement and Exhibits with the motion, and
request that the Court hold a hearing on preliminary approval of the settlement. The Class
Representatives will submit a proposed Order Granting Preliminary Approval of Class Action
Settlement substantially in the form attached hereto as Exhibit E.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 32 of 132
- 24 -
98.
Compliance with the Class Action Fairness Act. In coordination with the
Settlement Administrator, Plaid will provide CAFA Notice of the settlement to the appropriate
federal and state officials not later than ten (10) calendar days after the Agreement is filed with
the Court.
99.
Procedure for Objecting to Class Action Settlement.
a.
Any Class Member who is not an Excluded Class Member may object to
the settlement. Class Members who wish to object to the settlement must make a written
statement objecting to the settlement. Such written statement must be filed at any location of the
United States District Court for the Northern District of California or sent to the Settlement
Administrator at the address specified in the Notice of Class Action Settlement, Exhibit C, no
later than the Objection/Exclusion Deadline set by the Court in its Preliminary Approval Order.
b.
Any objection must contain: (i) the objector’s full name and mailing
address, email address, or telephone number, and personal signature, (ii) the objector’s basis for
believing they are a Class Member, (iii) a statement whether the objector intends to appear at the
Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying
counsel by name, address, and phone number, and (iv) a clear and concise statement of the
grounds for their objection.
c.
The date of the postmark on the envelope containing the written statement
objecting to the settlement shall be the exclusive means used to determine whether an objection
and/or intention to appear has been timely submitted. In the event a postmark is illegible, the
date of mailing shall be deemed to be three (3) days prior to the date the Settlement
Administrator received the written statement. Class Members who fail to file and serve timely
written objections in the manner specified above shall be deemed to have waived any objections
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 33 of 132
- 25 -
and shall be forever barred from making any objection to the Agreement and the proposed
settlement by appearing at the Final Approval Hearing, appeal, collateral attack, or otherwise.
100.
No Solicitation of Settlement Objections. At no time shall any of the Parties or
their counsel seek to solicit or otherwise encourage Class Members to submit written objections
to the settlement, or encourage an appeal from the Court’s Final Judgment. None of the Parties
shall initiate unsolicited contact with any Class Member for any purpose prohibited under this
Agreement.
101.
Final Settlement Approval Hearing and Entry of Final Judgment. A Final
Approval Hearing shall be conducted to determine final approval of the settlement. Upon final
approval of the settlement by the Court at or after the Final Approval Hearing, the Parties shall
present a Final Judgment and Order of Dismissal to the Court for its approval and entry,
substantially in the form attached hereto as Exhibit B.
102.
Termination. The Parties shall have the right to terminate this Agreement if any
of the following events occurs:
a.
The Court does not enter an order granting preliminary approval of the
settlement, as provided herein;
b.
The Court does not enter an order granting final approval of the
settlement, as provided herein;
c.
The Court does not enter a Final Judgment that is materially the same as
the form attached hereto as Exhibit B;
d.
The Court requires material alteration of any provision of the Agreement
for the settlement to be approved, including without limitation, the releases set forth in
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 34 of 132
- 26 -
paragraphs 88-89 and 92-93, the Notice Plan set forth in paragraph 94 and Exhibit D, or the
provisions in Section A; or
e.
All conditions for the Effective Date do not occur.
103.
Notice of Termination. A party shall provide written notice of an intent to
terminate this Agreement to counsel for the other party within thirty (30) calendar days after
receiving notice that any of the foregoing events of Termination has occurred.
104.
Effect of Termination. In the event that this Agreement is voided, terminated, or
cancelled, or fails to become effective for any reason whatsoever, then the Parties shall be
deemed to have reverted to their respective statuses as of the date and time immediately prior to
the execution of this Agreement, and they shall proceed in all respects as if this Agreement, its
Exhibits, and any related agreements or orders, had never been executed or entered.
105.
In the event this Agreement is terminated pursuant to the specified terms
enumerated in paragraph 102, the Settlement Administrator shall, within fourteen (14) days of
receiving notice of the termination date, pay to Plaid all funds deposited in the Escrow Account
by Plaid together with any interest or other income earned thereon, less (i) any taxes paid or due
with respect to such income, (ii) any reasonable administrative expenses actually incurred and
paid or payable from the Settlement Fund as authorized in this Agreement, and (iii) any Cost and
Fee Award paid prior to termination pursuant to paragraph 109 (which shall be repaid to Plaid by
Class Counsel as specified in paragraph 109).
106.
Notwithstanding any provision herein, in the event this Agreement is not
approved by any court, or terminated for any reason, or the settlement set forth in this Agreement
is declared null and void, or in the event that the Effective Date does not occur, Class Members,
Class Representatives, and Class Counsel shall not in any way be responsible or liable for any
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 35 of 132
- 27 -
administration expenses, taxes with respect to the Settlement Fund, or any expenses, including
costs of notice and administration associated with this Settlement or this Agreement, except that
each Party shall bear its own attorneys’ fees and costs and Plaid’s future payment obligations
shall cease.
107.
In the event one or more appeals are filed from the Court’s Final Judgment, or any
other appellate review is sought prior to the Effective Date, administration of the settlement shall
be stayed pending final resolution of the appeal or other appellate review. Nothing, however,
shall prohibit Plaid from fulfilling any of its obligations above, if in the exercise of its sole
discretion it chooses to do so.
ATTORNEYS’ FEES, EXPENSES AND SERVICE AWARDS
108.
If Preliminary Approval is granted, no later than thirty-five (35) days before the
Objection/Exclusion Deadline, Class Counsel shall submit a motion for approval of a Cost and
Fee Award, for attorneys’ fees in an amount not to exceed 25% of the Settlement Fund, plus
reimbursement out of the Settlement Fund of actual out-of-pocket expenses incurred by Class
Counsel and Plaintiffs’ counsel in the Action. The Parties have not discussed the issue or
amount of attorneys’ fees in their negotiations of this Settlement and Plaid reserves all rights in
connection with Class Counsel’s anticipated request for attorneys’ fees.
109.
The Settlement Administrator shall pay from the Settlement Fund any Cost and
Fee Award approved by the Court to a trust account maintained by Lieff, Cabraser, Heimann &
Bernstein, LLP. Such attorneys’ fees and costs shall be paid in the amount approved by the
Court within seven (7) days after the funds are deposited into the Escrow Account, whether or
not the Effective Date has occurred. In the event the Effective Date does not occur, Class
Counsel agree to repay the attorneys’ fees and costs, plus interest at the rate earned by the
Settlement Fund, to Plaid. Plaid shall have responsibility for the payment of any taxes due on
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 36 of 132
- 28 -
interest repaid to Plaid from the Escrow Account. Any such repayment shall be made within
fourteen (14) days of Class Counsel receiving written notice that Plaid is terminating the
settlement because the Effective Date has not occurred. Each Class Counsel’s law firm receiving
any portion of a Fee Award, as a condition of receiving such payment, agrees that the law firm is
subject to the jurisdiction of the Court for the purpose of enforcing the provisions of this
paragraph. If Class Counsel fails to repay any portion of the Fees Award as required by this
paragraph, the Court shall, upon application by Plaid and notice to Class Counsel, issue such
orders as appropriate to compel compliance by Class Counsel and their respective law firms, and
shall, if circumstances warrant, award reasonable attorneys’ fees and expenses incurred by Plaid
in connection with the enforcement of this paragraph.
110.
Should the Court award a Cost and Fee Award less than the amount sought in
Class Counsel’s petition, the difference between the amount sought and the amount awarded
shall remain in the Settlement Fund, and, after any appeal from or motion for reversal or
modification of the Court’s Cost and Fee Award is resolved or the deadline for filing an appeal
or motion for reconsideration regarding the amount of any Cost and Fee Award has expired
without the filing of an appeal or motion, such funds shall be distributed pursuant to paragraph
109 of this Agreement.
111.
Class Counsel shall have the sole and absolute discretion to allocate the Cost and
Fee Award amongst Class Counsel and any other attorneys. Plaid shall have no liability or other
responsibility for allocation of any Cost and Fee Award.
112.
The Parties agree that the Class Representatives may apply to the Court for a
Service Award to each of the Class Representatives, each of which shall not exceed $5,000, for
their services as class representatives. The Parties agree that the decision whether or not to
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 37 of 132
- 29 -
award any such payment, and the amount of that payment, rests in the exclusive discretion of the
Court. Class Representatives understand and acknowledge that they may receive no monetary
payment, and their agreement to the settlement is not conditioned on the possibility of receiving
monetary payment.
113.
The Settlement Administrator, within ten (10) days after the Effective Date, shall
pay from the Settlement Fund the amount of any Court-approved Service Award(s) for the Class
Representatives via check, to be sent care of Class Counsel. Should the Court award less than
the amount sought in the petition, the difference between the amount sought and the amount
awarded shall remain in the Settlement Fund to be distributed pursuant to paragraph 78 of this
Agreement.
114.
It is not a condition of the settlement that any Cost and Fee Award or Service
Award be approved by the Court. Any order or proceeding relating to the amount of any Cost
and Fee Award and/or Service Award, or any appeal from or reversal or modification thereof,
shall not operate to modify, terminate, or cancel the settlement, or affect or delay Final
Judgment.
ADDITIONAL PROVISIONS
115.
Best Efforts. The Parties agree to cooperate in good faith and use their best
efforts to effectuate all of their respective obligations under the Agreement, including obtaining
preliminary and final settlement approval, and all steps that may be necessary in order to reach
the Effective Date, and to do so as quickly and efficiently as practicable. In the event the Parties
are unable to reach agreement on the form or content of any document needed to implement the
settlement, or on any supplemental provisions that may become necessary to effectuate the terms
of the settlement embodied in this Agreement, the Parties shall mediate the disagreement before
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 38 of 132
- 30 -
Hon. Jay Gandhi (Ret.). The Parties shall not seek the Court’s intervention until they have
exhausted the mediation process.
116.
Limited Admissibility of Agreement. This Agreement is made in compromise of
a dispute. Regardless of whether the Court approves this Agreement, neither this Agreement nor
anything that any of the Parties stated or did during the negotiation of this Agreement will be
construed or used in any manner as an admission of liability or evidence of either party’s fault,
liability or wrongdoing. On the contrary, the Parties expressly deny any liability or wrongdoing
whatsoever. Notwithstanding the foregoing restrictions in this paragraph, Plaid may file this
Agreement and Final Judgment (if and when such Final Judgment is entered) in any action that
may be or has been brought against it in order to support a defense, counterclaim or crossclaim.
117.
Notices. Unless otherwise specifically provided herein, all notices, demands, or
other communications given hereunder shall be in writing and shall be deemed to have been duly
given as of the date of electronic mailing. Postal mailing will be provided as well, addressed as
follows:
To Class Counsel
Rachel Geman
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
rgeman@lchb.com
Shawn M. Kennedy
HERRERA KENNEDY LLP
4590 MacArthur Blvd., Suite 500
Newport Beach, CA 92660
skennedy@herrerakennedy.com
Christopher J. Cormier
BURNS CHAREST LLP
4725 Wisconsin Avenue, NW, Suite 200
Washington, DC 20016
ccormier@burnscharest.com
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 39 of 132
- 31 -
To Plaid’s Counsel
Michael G. Rhodes
Whitty Somvichian
Cooley LLP
3 Embarcadero Center, 20th Floor
San Francisco, CA 94111-4004
rhodesmg@cooley.com
wsomvichian@cooley.com
118.
Privacy. The Parties and all counsel agree that all orders and agreements
regarding the preservation and confidentiality of documents and information remain in effect,
including without limitation the Stipulated Protective Order entered on November 9, 2020 in the
Action (Dkt. 107), and all Parties and counsel remain bound to comply with them. Nothing
contained in this Agreement or any order of the Court related to this Agreement, nor any act
required to be performed pursuant to this Agreement is intended to constitute, cause, or effect
any waiver (in whole or in part) of any attorney-client privilege, work product protection or any
other privilege or protective doctrine afforded by law.
119.
Exhibits. The terms of this Agreement include the terms set forth in the attached
Exhibits, which are incorporated by this reference as though fully set forth herein. Exhibits to
this Agreement are an integral part of the settlement.
120.
Captions or Headings. The captions or headings of paragraphs in this Agreement
are inserted for convenience, reference, and identification purposes only, and shall neither
control, define, limit, nor affect any provisions of this Agreement.
121.
Defined Terms. Terms defined in this Agreement shall have their defined
meanings whenever and wherever they occur herein (including in Exhibits).
122.
Materiality. The Parties have negotiated all of the terms and conditions of this
Agreement at arm’s length. All terms, conditions, and Exhibits in their exact form have been
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 40 of 132
- 32 -
individually negotiated and bargained for at arm’s length, are material and necessary to this
Agreement, and have been relied upon by the Parties in entering into this Agreement.
123.
Stay of Proceedings. To the extent approved by the Court, the Parties agree to
continue to stay all proceedings in the Action, except such proceedings necessary to implement
and complete the settlement, pending the entry of Final Judgment.
124.
Amendment or Modification. Any amendment to this Agreement must be in
writing, signed by the Parties, and expressly state that it is amending this Agreement.
125.
Waiver of Compliance. No party shall be treated as having waived any rights by
not exercising (or delaying the exercise of) any rights under this Agreement. Moreover, a waiver
of any breach of this Agreement by any Party shall not be deemed to be a waiver by any Party of
any other breach of this Agreement.
126.
Entire Agreement. This Agreement sets out all terms agreed between the Parties
and supersedes all previous or contemporaneous agreements between the Parties relating to its
subject matter. In entering into this Agreement neither party has relied on, and neither party
shall have any right or remedy based on, any statement, representation or warranty (whether
made negligently or innocently), except those expressly set out in this Agreement.
127.
Authorization to Enter Agreement. The Parties warrant and represent they are
authorized to take all appropriate action required or permitted to be taken by such Parties
pursuant to this Agreement, to effectuate its terms, and to execute any other documents required
to effectuate the terms of this Agreement.
128.
Parties’ Knowledge and Advice of Counsel. Each party enters into this
Agreement with the opportunity to seek the advice of counsel and executes and delivers this
Agreement being fully informed as to its terms, content, and effect.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 41 of 132
- 33 -
129.
No Third Party Beneficiaries. This Agreement does not confer any benefits on
any third party other than Class Members for whom a direct benefit is specifically provided
hereunder.
130.
Agreement Binding on Successors in Interest. This Agreement shall be binding
on and inure to the benefit of the respective heirs, successors, and assigns of the Parties.
131.
Assignment. This Agreement, including any of the rights and duties of any party
hereto under the Agreement, may not be assigned without prior written approval by the other
party.
132.
No Additional Persons with Financial Interest. Plaid shall not be liable for any
additional attorneys’ fees and expenses of any Class Member’s counsel, including any potential
objectors or counsel representing a Class Member, other than what is expressly provided for in
this Agreement.
133.
Jurisdiction of the Court. The Court shall retain continuing and exclusive
jurisdiction over the Parties to this Agreement, including all Class Members, and over the
interpretation, implementation, administration and enforcement of this Agreement.
134.
No Construction Against Any Party. The terms of this Agreement have been
negotiated at arm’s length among knowledgeable Parties represented by experienced counsel.
The Parties agree that the normal rules of construction that any ambiguity in a document is
construed against the drafting party shall not apply to the interpretation or enforcement of this
Agreement, as the Parties each participated in the drafting of this Agreement. The Parties
expressly waive the presumption of California Civil Code section 1654 that uncertainties in a
contract are interpreted against the party who caused the uncertainty to exist.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 42 of 132
- 34 -
135.
Extensions of Time. The Parties may agree upon a reasonable extension of time
for any deadline or date reflected in this Agreement, without further notice (subject to Court
approval as to dates set by the Court).
136.
Fees Not a Penalty. No consideration or amount or sum paid, credited, offered, or
expended by Plaid in its performance of this Agreement constitutes a penalty, fine, punitive
damages, or other form of assessment for any alleged claim against Plaid.
137.
Collateral Attack. This Agreement shall not be subject to collateral attack by any
Class Members at any time on or after the Effective Date.
138.
Counterparts. The Parties may execute this Agreement in counterparts, including
facsimile, PDF, and other electronic copies, which taken together will constitute one instrument.
139.
Governing Law and Venue.
a.
ALL CLAIMS ARISING OUT OF OR RELATING TO THIS
AGREEMENT WILL BE GOVERNED BY CALIFORNIA LAW, WITHOUT REGARD TO
OR APPLICATION OF CALIFORNIA’S CONFLICT OF LAWS RULES, AND WILL BE
LITIGATED EXCLUSIVELY IN THE FEDERAL COURTS OF SAN FRANCISCO
COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION
IN THOSE COURTS.
b.
If a party files any claim, complaint, action, or proceeding alleging a
breach of this Agreement, the successful or prevailing party will be entitled to recover its
attorneys’ fees and other costs, in addition to any other relief to which the party may be entitled.
Any action or proceeding to enforce the Agreement shall, pursuant to the Court’s retention of
jurisdiction with respect to the settlement, be brought in this Court.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 43 of 132
- 35 -
140.
Signatures. Each person executing this Agreement warrants that such person has
the full authority to do so.
IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed by
their duly authorized attorneys.
APPROVED AND AGREED TO BY THE PLAINTIFFS:
Dated: ____________________, 2021
_________________________________
Name
Dated: ____________________, 2021
_________________________________
Name
Dated: ____________________, 2021
_________________________________
Name
APPROVED AND AGREED TO BY DEFENDANT:
Dated: ____________________, 2021
PLAID INC.
By: __________________
Title: ______________________________
July 30
Christopher J. Cormier
July 30
Rachel Geman
July 30
Shawn M. Kennedy
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 44 of 132
- 35 -
140.
Signatures. Each person executing this Agreement warrants that such person has
the full authority to do so.
IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed by
their duly authorized attorneys.
APPROVED AND AGREED TO BY THE PLAINTIFFS:
Dated: ____________________, 2021
_________________________________
Name
Dated: ____________________, 2021
_________________________________
Name
Dated: ____________________, 2021
_________________________________
Name
APPROVED AND AGREED TO BY DEFENDANT:
Dated: ____________________, 2021
PLAID INC.
By: __________________
Title: ______________________________
DocuSign Envelope ID: 2177C72D-70E6-4DA6-B746-E928045E1F98
July 30
General Counsel
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 45 of 132
EXHIBIT A
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 46 of 132
MAIN ONLINE CLAIMS FILING PAGE:
In re Plaid Inc. Privacy Litigation
Case No. 4:20-cv-03056-DMR
United States District Court for the Northern District of California Oakland Division
HOM E
SUBMIT A CLAIM
IM PORTANT DOCUMENTS
FAQS
CONTACT US
If you received a personalized notice in the mail or via
email with a Notice ID and Confim1ation Code,
please enter the codes you were provided below.
Please remember to enter the full Notice ID exactly as it
appears on your personalized Notice, (i.e. 12345678).
Notice ID
Confirmation Code
Fili
If you did not receive a personalized Notice in the mail or
via email, click below to complete a Claim Form.
1%11+
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 47 of 132
ONLINE CLAIMS FILING (I HAVE A NOTICE ID):
In re Plaid Inc. Privacy Litigation
Case No. 4:20-cv-03056-DMR
United States District Court for the Northern District of California Oakland Division
HOM E
SUBM IT A CLAIM
IM PORTANT DOCUM ENTS
FAQS
CO NTACT US
If you received a personalized notice in the mail or via
email with a Notice ID and Confirmation Code
please enter the codes you were provided below.
Please remember to enter the full Notice ID exactly as it
appears on your personalized Notice, (i.e. 12345678).
Notice ID
Confirmation Code
►+ii
In re Plaid Inc. Privacy Litigation
Case No. 4:20-cv-03056-DM R
OR
If you did not receive a personalized Notice in the mail or
via email, click below to complete a Claim Form.
IMIIE
United States District Court for the Northern District of California Oakland Division
HO M E
SUBMIT A CLAIM
IMPORTANT DOCU MENTS
FAQS
CONTACT US
Your claim must be submitted online by [DEADLINE DATE]. You may only submit one Claim Form. If you have any questions, please
contact the Settlement Administrator by email at [EMAIL ADDRESS) or by mail at Plaid Inc. Privacy Litigation, c/o Settlement Administrator,
1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
I. YOUR CONTACT INFORMATION AND MAILING ADDRESS
Provide your name and contact information below. You must notify the Settlement Administrator if your contact information changes after you
submit this form.
TEST
CLAIMANT
First Name *
Last Name *
Street Address *
City *
state *
Zip Code *
Email Address *
Confirm Email Address *
* Required Fields
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 48 of 132
II. PAYMENT SELECTION
Please select one of the following payment options:
0 PayPal
O venmo
0 Physical Check · Payment will be mailed to the address provided above.
III. ATTESTATION UNDER PENALTY OF PERJURY
By signing below and submitting this Claim Form, I hereby swear under penalty of perjury that I am the person identified above and the
information provided in this Claim Form is true and correct, and that nobody has submitted another claim in connection with this Settlement on
my behalf.
Your signature
--------------------------
08/04/2021
Date
Bili
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 49 of 132
ONLINE CLAIMS FILING (I DO NOT HAVE A NOTICE ID):
In re Plaid Inc. Privacy Litigation
Case No. 4:20-cv-03056-DMR
United States District Court for the Northern District of California Oakland Division
HOM E
SUBM IT A CLAIM
IMPORTANT DOCUMENTS
FAQS
CO NTACT US
If you received a personalized notice in the mail or via
email with a Notice ID and Confirmation Code.
please enter the codes you were provided below.
Please remember to enter the full Notice ID exactly as it
appears on your personalized Notice, (i.e. 12345678).
Notice ID
Confirmation Code
OR
If you did not receive a personalized Notice in the mail or
via email, click below to complete a Claim Form.
"'"*
HO ME
SUBMIT A CLAIM
IMPO RTAN T DOC UMENTS
FAQS
CONTACT US
Your claim must be submitted online by [DEADLINE DATE]. You may only submit one Claim Form. If you have any questions, please
contact the Settlement Administrator by email at [EMAIL ADDRESS) or by mail at Plaid Inc. Privacy Litigation, c/o Settlement Administrator,
1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
Submission of this Claim Form does not guarantee payment. Your Claim Form must be approved by the Settlement Administrator.
I. YOUR CONTACT INFORMATION AND MAILING ADDRESS
Provide your name and contact information below. You must notify the Settlement Administrator if your contact information changes after you
submit this form.
First Name *
Last Name *
Street Address *
City *
State *
Zip Code *
Email Address *
Confirm Email Address *
Notice ID (optional - if you received notice of the Settlement by email or mail, please provide the Notice ID from above your name in
the Notice you received)
* Required Fields
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 50 of 132
II. OTHER INFORMATION
In this Settlement, you may be a Class Member if you own or owned an account at a financial institution that was connected to a mobile or
web-based payments app or service through Plaid and/or for which account credentials were provided through Plaid Link, bet ween January 1,
2013 and [date of preliminary approval], as further explained and defined in the Class notice materials, which you should review carefully.
If, based on the information provided in the Class notice materials, you believe you are a Class Member, please provide the following
information about at least one, and up to eight, of the connections between your financial account(s) and mobile or web-based app(s) or
service(s). Please include only one financial institution, app or service, and date, per row:
Name of Financial Institution (such
as Bank or Credit Union) where you
Own/ Owned a Financial Account
1.
2.
3 .
4.
5.
6.
7 .
B.
III. PAYIIIENT SELECTION
Please select one of the following payment options:
O PayPal
O venmo
Name of App or Service You
Connected to Your Financial
Institution Account
0 Physical Check - P;;yment will be mailed :o the address provided above.
I V. ATTESTATION UNDER PENALTY OF PERJURY
Approximate Date (Month/ Year) of
Connection to your Financial
Account
By signing below and submitting this Cairn Form, I hereby swear under penalty of perjury that I am the person identified above and the
infJrmation provided in this Clam Form is true and correct, and that nobod'f has submitted another claim in connection with this Settlement on
my behalf.
Your signature
--------------------------
J8/04/2021
Date
lf&M
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 51 of 132
OBTAINING A PAPER CLAIM FORM TO SUBMIT BY MAIL (IMPORTANT DOCUMENTS PAGE):
In re Plaid Inc. Privacy Litigation
Case No. 4:20-cv-03056-DMR
United States District Court for the Northern Distric
HOM E
SUBM IT A CLAIM
IMPORTANT DOCUMENTS
FAQS
Important Documents
Claim Form - I have a Notice ID
Claim Form - I do not have a Notice ID
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 52 of 132
PAPER CLAIM FORM TO SUBMIT BY MAIL (I HAVE A NOTICE ID):
In re Plaid Inc~ Privacy Litigation
Case N,o. 4:20-cv-03056-DMR
United States District Court for the Northern District
HO M E
SUB M IT A CL.AIM
llmportanl Documents
Claim Form - I have
Notice ID
IMPORTANT DOCUMENTS
Olai m Fa rm - I do not have a Notice ID
FAQS
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 53 of 132
Your claim must be
submitted online or
postmarked by:
[DEADLINE]
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
IN RE PLAID INC. PRIVACY LITIGATION, CASE NO. 4:20-MD-03056
WWW.PLAIDSETTLEMENT.COM
PPL-PQ
CLAIM FORM INSTRUCTIONS
1. You may submit your Claim Form online at www.PlaidSettlement.com or by U.S. Mail to the following address:
Plaid Inc. Privacy Litigation, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
2. You must complete the entire Claim Form. Please type or write your responses legibly.
3. If your Claim Form is incomplete or missing information, the Settlement Administrator may contact you for
additional information. If you do not respond by the deadline provided by the Settlement Administrator, the
Settlement Administrator will be unable to process your claim, and you will waive your right to receive money
under the Settlement.
4. You may only submit one Claim Form.
5. If you have any questions, please contact the Settlement Administrator by email at [EMAIL ADDRESS], by
telephone at [PHONE NUMBER], or by mail at the address listed above.
6. You must notify the Settlement Administrator if your contact or payment information changes. If you do
not, even if you submit a valid claim under the Settlement, you may not receive your payment.
7. DEADLINE -- Your claim must be submitted online by [DEADLINE DATE]. Claim Forms submitted by
mail must be postmarked no later than [DEADLINE DATE].
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 54 of 132
Your claim must be
submitted online or
postmarked by:
[DEADLINE]
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
IN RE PLAID INC. PRIVACY LITIGATION, CASE NO. 4:20-MD-03056
WWW.PLAIDSETTLEMENT.COM
Claim Form
PPL-PQ
I. YOUR CONTACT INFORMATION AND MAILING ADDRESS
Provide your name and contact information below. You must notify the Settlement Administrator if your contact
information changes after you submit this form.
First Name
Last Name
Street Address
City
State
Zip Code
Email Address
If you received Notice about the Settlement by email or mail, you have been identified as a Class Member. In
order for the Settlement Administrator to relate the app(s) you used in connection with Plaid, in the below field,
please provide the Notice ID located above your name/ address on the Notice you received. Please be sure to
include the full Notice ID, including any letters or numbers that may appear.
Notice ID
II. PAYMENT SELECTION
Please select one of the following payment options:
PayPal - Enter your PayPal email address: __________________________________________________
Venmo - Enter the mobile number associated with your Venmo account: __ __ __-__ __ __-__ __ __ __
Physical Check - Payment will be mailed to the address provided above.
III. ATTESTATION UNDER PENALTY OF PERJURY
By signing below and submitting this Claim Form, I hereby swear under penalty of perjury that I am the person
identified above and the information provided in this Claim Form is true and correct, and that nobody has
submitted another claim in connection with this Settlement on my behalf.
□
□
□
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 55 of 132
___________________________________
Date:
Your signature
MM DD YYYY
___________________________________
Your name
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 56 of 132
PAPER CLAIM FORM TO SUBMIT BY MAIL (I DO NOT HAVE A NOTICE ID):
In re Plaid Inc~ Privacy Litigation
Case N,o. 4:20-cv-03056-DMR
United States District Court for the Northern District
HO M E
SUB M IT A CL.AIM
IMPORTANT DOCUMENTS
FAQS
llmportanl Documents
Olaim Form - I have a No1bice ID
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 57 of 132
Your claim must
be submitted
online or
postmarked by:
[DEADLINE]
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
IN RE PLAID INC. PRIVACY LITIGATION, CASE NO. 4:20-MD-03056
WWW.PLAIDSETTLEMENT.COM
PPL-GN
CLAIM FORM INSTRUCTIONS
1. You may submit your Claim Form online at www.PlaidSettlement.com or by U.S. Mail to the following address:
Plaid Inc. Privacy Litigation, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
2. You must complete the entire Claim Form. Please type or write your responses legibly.
3. If your Claim Form is incomplete or missing information, the Settlement Administrator may contact you for
additional information. If you do not respond by the deadline provided by the Settlement Administrator, the
Settlement Administrator will be unable to process your claim, and you will waive your right to receive money
under the Settlement.
4. You may only submit one Claim Form.
5. If you have any questions, please contact the Settlement Administrator by email at [EMAIL ADDRESS], by
telephone at [PHONE NUMBER], or by mail at the address listed above.
6. Submission of this Claim Form does not guarantee payment. Your Claim Form must be approved by the
Settlement Administrator.
7. You must notify the Settlement Administrator if your contact or payment information changes. If you do
not, even if you submit a valid claim under the Settlement, you may not receive your payment.
8. DEADLINE -- Your claim must be submitted online by [DEADLINE DATE]. Claim Forms submitted by
mail must be postmarked no later than [DEADLINE DATE].
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 58 of 132
Notice ID (optional)
Your claim must be
submitted online or
postmarked by:
[DEADLINE]
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
IN RE PLAID INC. PRIVACY LITIGATION, CASE NO. 4:20-MD-03056
WWW.PLAIDSETTLEMENT.COM
Claim Form
PPL-GN
I. YOUR CONTACT INFORMATION AND MAILING ADDRESS
Provide your name and contact information below. You must notify the Settlement Administrator if your contact
information changes after you submit this form.
First Name
Last Name
Street Address
City
State
Zip Code
II. OTHER INFORMATION
In this Settlement, you may be a Class Member if you own or owned an account at a financial institution that was
connected to a mobile or web-based payments app or service through Plaid and/or for which account credentials
were provided through Plaid Link, between January 1, 2013 and [date of preliminary approval], as further explained
and defined in the Class notice materials, which you should review carefully.
If, based on the information provided in the Class notice materials, you believe you are a Class Member, please
provide the following information about at least one, and up to eight, of the connections between your financial
account(s) and mobile or web-based app(s) or service(s). Please include only one financial institution, app or
service, and date, per row:
Name of Financial Institution (such as
Bank or Credit Union) where you
Own/Owned a Financial Account
Name of App or Service You
Connected to Your Financial
Institution Account
Approximate Date (Month/Year)
of Connection to your Financial
Account
1.
2.
3.
4.
5.
6.
7.
8.
Email Address
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 59 of 132
III. PAYMENT SELECTION
Please select one of the following payment options:
PayPal - Enter your PayPal email address: __________________________________________________
Venmo - Enter the mobile number associated with your Venmo account: __ __ __-__ __ __-__ __ __ __
Physical Check - Payment will be mailed to the address provided above.
IV. ATTESTATION UNDER PENALTY OF PERJURY
By signing below and submitting this Claim Form, I hereby swear under penalty of perjury that I am the person
identified above and the information provided in this Claim Form is true and correct, and that nobody has
submitted another claim in connection with this Settlement on my behalf.
___________________________________
Date:
Your signature
MM DD YYYY
___________________________________
Your name
□
□
□
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 60 of 132
EXHIBIT B
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 61 of 132
[PROPOSED] ORDER FOR FINAL JUDGMENT
AND DISMISSAL
NO. 4:20-CV-3056-DMR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HERRERA KENNEDY LLP
Shawn M. Kennedy (SBN 218472)
skennedy@herrerakennedy.com
4590 MacArthur Blvd., Suite 500
Newport Beach, CA 92660
Tel: (949) 936-0900
Fax: (855) 969-2050
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
Rachel Geman (Pro Hac Vice)
rgeman@lchb.com
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Tel: (212) 355-9500
Fax: (212) 355-9592
BURNS CHAREST LLP
Christopher J. Cormier (Pro Hac Vice)
ccormier@burnscharest.com
4725 Wisconsin Avenue, NW, Suite 200
Washington, DC 20016
Tel: (202) 577-3977
Fax: (469) 444-5002
COOLEY LLP
Michael G. Rhodes (SBN 116127)
rhodesmg@cooley.com
Whitty Somvichian (SBN 194463)
wsomvichian@cooley.com
Kyle C. Wong (SBN 224021)
kwong@cooley.com
Lauren J. Pomeroy (SBN 291604)
lpomeroy@cooley.com
Ellie Barczak (SBN 329180)
ebarczak@cooley.com
Cameron J. Clark (SBN 313039)
cclark@cooley.com
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Tel: (415) 693-2181
Fax: (415) 693-2222
Attorneys for Defendant PLAID INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
IN RE PLAID INC. PRIVACY LITIGATION
_____________________________________
THIS DOCUMENT RELATES TO:
ALL ACTIONS
Case No. 4:20-cv-03056-DMR
[PROPOSED] ORDER FOR FINAL
JUDGMENT AND DISMISSAL
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 62 of 132
2
[PROPOSED] ORDER FOR FINAL JUDGMENT
AND DISMISSAL
NO. 4:20-CV-3056-DMR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
It is hereby ADJUDGED and DECREED THAT:
1.
This Court previously granted preliminary approval of the Class Action Settlement
Agreement in this consolidated action, dated [ ] (the “Settlement Agreement”). Terms and
phrases in this Judgment have the same meanings as used in the Settlement Agreement.
2.
The Court hereby dismisses the Action against Plaid Inc. (the “Action”) with
prejudice, without fees or costs to any party except as provided for in the Settlement Agreement
or any other orders of this Court relating to the Settlement Agreement.
3.
This Court has jurisdiction over the subject matter of this Action and over all
parties to the Action, including all members of the Class, pursuant to 28 U.S.C. § 1332(d) because
the amount in controversy exceeds $5,000,000, exclusive of interest and costs, and at least one
Class member is a citizen of a state different from Plaid.
4.
The Court certifies, for purpose of the approved settlement only, the Action as a
class action pursuant to Rules 23(a), (b)(2) and (b)(3) of the Federal Rules of Civil Procedure on
behalf the Class, defined in the Settlement Agreement as “all natural persons who reside in the
United States and who own or owned one or more Financial Accounts at the time such persons
resided in the United States from January 1, 2013 to date preliminary approval of the settlement is
granted.” Excluded from the Class are: (1) Plaid and any and all of its predecessors, successors,
assigns, parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives,
and attorneys, and any and all of the parents’, subsidiaries’, and affiliates’ present and former
predecessors, successors, assigns, directors, officers, employees, agents, representatives, and
attorneys, (2) any judicial officer presiding over the Action, or any member of his or her
immediate family or of his or her judicial staff, and (3) any Class Member who has timely
exercised their right to be excluded from the Class.
5.
The persons on the attached Addendum have submitted a valid, timely request for
exclusion from the Class and are hereby excluded.
6.
Pursuant to Federal Rule of Civil Procedure 23(c)(3), all persons within the Class,
other than those excluded above, are bound by this Judgment.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 63 of 132
3
[PROPOSED] ORDER FOR FINAL JUDGMENT
AND DISMISSAL
NO. 4:20-CV-3056-DMR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7.
The Court finds and concludes that the Class Representatives have standing under
Article III of the United States Constitution.
8.
The Court finds that the Notice provided to the Class pursuant to the Settlement
Agreement and the order granting Preliminary Approval (i) constitutes the best practicable notice
under the circumstances; (ii) constitutes notice that is reasonably calculated, under the
circumstances, to apprise Class Members of the pendency of the Action, their right to object to
the Settlement or exclude themselves from the Class, and to appear at the Final Approval
Hearing; (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons
entitled to receive notice; and (iv) meets all applicable requirements of the Federal Rules of Civil
Procedure, the Due Process Clause of the United States Constitution, and the rules of the Court.
9.
The Court approves the Settlement as fair, reasonable, and adequate and in the best
interests of the Class Members under Rule 23(e). The Court has specifically considered the
factors relevant to class settlement approval and finds and concludes that:
a.
the Class Representatives and Class Counsel have adequately represented
the Class;
b.
the Settlement Agreement was negotiated at arms’ length and without
collusion;
c.
the relief provided for the Class is adequate, taking into account (i) the
costs, risks, and delay of trial and appeal; (ii) the effectiveness of
distributing relief to the class; (iii) the terms of fees and expenses proposed
by Class Counsel in their accompanying Motion for Attorneys’ Fees,
Reimbursement of Expenses, and Plaintiff Service Awards; and (iv) the
absence of any relevant agreement made in connection with the Settlement;
and
d.
the Settlement Agreement treats Class Members equitably relative to each
other.
10.
The Court has also considered factors including, inter alia, the strength of
Plaintiffs’ case; the risk, expense, complexity, and likely duration of further litigation; the risk of
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 64 of 132
4
[PROPOSED] ORDER FOR FINAL JUDGMENT
AND DISMISSAL
NO. 4:20-CV-3056-DMR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
maintaining class action status throughout trial; the relief provided for in the Settlement; the
extent of discovery completed and stage of the proceedings; the experience and views of Class
Counsel and the involvement of a respected mediator in the negotiation of the Settlement; and the
reaction of Class Members to the proposed settlement, and finds and concludes that these factors
weigh in favor of approving the Settlement. See Churchill Village, L.L.C. v. General Elec., 361
F.3d 566 (9th Cir. 2004).
11.
The Court has also scrutinized the Settlement and negotiation history for any signs
of potential collusion (see, e.g., In re Bluetooth Headset Prods. Liab. Litig., 654 F.3d 935 (9th
Cir. 2011)), and finds that the Settlement is not the product of collusion. This finding is supported
by, among other things: the fact that the Settlement was negotiated by experienced, well-qualified
counsel with the help of an experienced mediator; the Settlement provides substantial benefits to
Class Members; the benefits provided to Class Members are appropriate under the circumstances
of this case; and the parties have made no “clear sailing” arrangement regarding attorneys’ fees.
12.
Accordingly, the Court directs the Parties to consummate the Settlement
Agreement according to its terms. Plaid is ordered to effectuate the injunctive relief agreed to in
the Settlement Agreement in accordance with the timetables set forth in the Settlement
Agreement.
13.
Upon the Effective Date, the Releasing Parties, and each of them, shall be deemed
to have, and by operation of this Judgment shall have fully, finally, and forever released,
relinquished, and discharged all Released Claims against the Released Parties. These releases of
claims and the Settlement Agreement will be binding on Class Members and Releasing Parties.
All Class Members are hereby permanently barred and enjoined from filing, commencing,
prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or
other action in any jurisdiction based on or arising out of any of the Released Claims against the
Released Parties.
14.
Without affecting the finality of this Judgment in any way, this Court hereby
retains continuing jurisdiction as to all matters relating to administration, consummation,
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 65 of 132
5
[PROPOSED] ORDER FOR FINAL JUDGMENT
AND DISMISSAL
NO. 4:20-CV-3056-DMR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
implementation, enforcement, and interpretation of the Settlement Agreement and this Judgment,
and for any other necessary purpose.
15.
The Court hereby directs entry of this Judgment pursuant to Federal Rule of Civil
Procedure 58 based upon the Court’s finding that there is no just reason for delay of enforcement
or appeal of this Judgment notwithstanding the Court’s retention of jurisdiction to oversee
implementation and enforcement of the Settlement Agreement.
IT IS SO ORDERED.
Dated: _______________________
__________________________________________
Honorable Donna M. Ryu
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 66 of 132
EXHIBIT C
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 67 of 132
United States District Court for the Northern District of California
This Settlement affects your legal rights even if you do nothing.
Questions? Go to www.plaidsettlement.com/page or call ___.
‐ 1 ‐
Notice of Class Action Settlement
In re Plaid Inc. Privacy Litigation
Important Information – Read Carefully.
This is a Court approved Legal Notice. This is not an advertisement.
A Settlement has been proposed in class action litigation against Plaid Inc. (“Plaid”).
Approximately 5,000 mobile and web-based applications (“apps”) use Plaid to enable users to
connect the app to the users' bank account(s). This class action alleges Plaid took certain
improper actions in connection with this process. The allegations include that Plaid: (1) obtained
more financial data than was needed by a user's app, and (2) obtained log-in credentials
(username and password) through its user interface, known as “Plaid Link,” which had the look
and feel of the user’s own bank account login screen, when users were actually providing their
login credentials directly to Plaid. Plaid denies these allegations and any wrongdoing and
maintains that it adequately disclosed and maintained transparency about its practices to
consumers.
You may be a Class Member if you are a United States resident and you connected a financial
account to an app between January 1, 2013 and [[date of preliminary approval]]. More
specifically, you are a Class Member if you own or owned one or more “Financial Accounts”
(defined in Question 7) that Plaid accessed using your login credentials and connected to a mobile
or web-based app that enables payments or other money transfers; or for which you provided
Financial Account login credentials to Plaid through Plaid Link; between January 1, 2013 and
[[date of preliminary approval].
To confirm whether specific apps or services that connected to your financial account(s) used
Plaid for account connections, you can run a search on the Settlement website at
www.plaidsettlement.com/page.
Under the Settlement, Plaid has agreed to minimize the data it stores going forward, to delete
certain previously retrieved data, and to improve and maintain certain already-implemented
enhancements to Plaid Link. Class Members are also able to view and manage the connections
they’ve made between their financial accounts and chosen applications using Plaid, and delete
data stored in Plaid’s systems by creating a Plaid Portal account, at my.plaid.com.
In addition, the Settlement establishes a $58 million Settlement Fund, to be used for cash
payments to Class Members who submit valid claims for compensation, after deducting the costs
of the settlement administration, court-approved attorneys’ fees and expenses, and Service
Awards for eleven Class Representatives. The amount of monetary payments issued to Class
Members will depend on the number of valid claims received. In exchange for the benefits the
Settlement provides, Class Members will release any and all claims they may have (whether
known or unknown) regarding the allegations in the Complaint.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 68 of 132
This Settlement affects your legal rights even if you do nothing.
Questions? Go to www.plaidsettlement.com/page or call ___.
- 2 -
The Court will decide whether to approve the proposed Settlement. If approved, the Settlement
will resolve the litigation entitled In re Plaid Inc. Privacy Litigation, Case No. 4:20-md-03056, which
is pending before Judge Donna M. Ryu in the Northern District of California.
The class action settlement approval process may take several months, or more if there is an
appeal.
Please Read this Notice Carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
FILE A CLAIM
FOR
COMPENSATION
You may file a Claim in order to receive a
monetary payment from the Settlement Fund.
Filing a Claim is the only way to receive a
payment from this settlement
For detailed information about how to file a
Claim, see Question 16.
Deadline:
[Month]
[Day],
[Year]
EXCLUDE
YOURSELF
FROM THIS
SETTLEMENT
You can exclude yourself from the Settlement by
informing the Settlement Administrator that you
want to “opt-out” of the Settlement. If the
Settlement becomes final, this is the only option
that allows you to retain your rights to individually
sue for claims relating to the allegations in the
Complaint. You will not receive a payment from
the Settlement if you exclude yourself.
Deadline:
[Month]
[Day],
[Year]
OBJECT TO OR
COMMENT ON
THE
SETTLEMENT
You may object to the Settlement by writing to
the Court about why you don’t think the
Settlement should be approved.
You can also write the Court to provide
comments or reasons why you support the
Settlement.
For detailed information about how to object to or
comment on the Settlement, see Question 23.
Deadline:
[Month]
[Day],
[Year]
GO TO THE
FINAL
APPROVAL
HEARING
You may, but are not required to, attend the Final
Approval Hearing where the Court may hear
arguments concerning the approval of the
Settlement. If you wish to speak at the Final
Approval Hearing, you must state your intention
to do so in your written objection or comment.
Deadline:
[Month]
[Day],
[Year]
DO NOTHING
If you do nothing before the deadline to
comment, object, or exclude yourself, and if the
Settlement becomes final, you will be part of the
Settlement Class and bound by the Settlement
and give up your rights to sue for claims relating
to any or all allegations in the Plaintiffs’ complaint
in this case.
Deadline:
[Month]
[Day],
[Year]
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 69 of 132
What this Notice Contains
Page
This Settlement affects your legal rights even if you do nothing.
Questions? Go to www.plaidsettlement.com/page or call ___.
- 3 -
BACKGROUND INFORMATION ................................................................................ 1
1.
Why is there a notice? ........................................................................... 1
2.
What is this litigation about? .................................................................. 1
3.
Who is the defendant in the lawsuit? ..................................................... 1
4.
Why is this a class action? ..................................................................... 2
5.
Why is there a settlement? .................................................................... 2
CLASS MEMBERSHIP ............................................................................................... 2
6.
Who is part of the Settlement? ............................................................... 2
7.
What does “Financial Account” mean in the Settlement? ...................... 3
8.
What is Plaid Link? ................................................................................ 3
9.
How do I know whether I am a member of the Class? ........................... 3
THE LAWYERS FOR CLASS MEMBERS ................................................................. 4
10.
Do I have a lawyer in the case? ............................................................. 4
11.
How will Class Counsel be paid? ........................................................... 4
BENEFITS FOR CLASS MEMBERS .......................................................................... 5
12.
What nonmonetary benefits does the Settlement provide?.................... 5
13.
What monetary benefits does the Settlement provide? ......................... 8
14.
Will all Class Members who file claims receive the same amount? ....... 8
15.
How do I control who has access to my data? ....................................... 9
HOW TO FILE A CLAIM ............................................................................................. 9
16.
How do I file a claim for compensation? ................................................ 9
17.
Can I submit multiple claims if I have more than one Financial Account
that I connected through Plaid? ............................................................. 9
18.
Can I submit multiple claims if I connected more than one app or
service to my Financial Account? .......................................................... 9
19.
What happens if my claim is not accepted? ......................................... 10
20.
When and how will I receive the benefits I claim from the Settlement? 10
21.
What happens if my contact information changes after I submit a
Claim? .................................................................................................. 10
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 70 of 132
What this Notice Contains
(continued)
Page
This Settlement affects your legal rights even if you do nothing.
Questions? Go to www.plaidsettlement.com/page or call ___.
- 4 -
LEGAL RIGHTS RESOLVED THROUGH THE SETTLEMENT ............................... 10
22.
What am I giving up to stay in the Settlement Class? .......................... 10
OBJECTING TO THE SETTLEMENT ...................................................................... 11
23.
If I don’t like the Settlement, how do I tell the Court? ........................... 11
24.
What is the difference between objecting and excluding myself? ........ 12
25.
Do I need to attend the Final Approval Hearing if I file an objection? .. 12
FINAL APPROVAL HEARING ................................................................................. 12
26.
When and where will the Court decide whether to approve the
Settlement? .......................................................................................... 12
27.
Do I have to come to the hearing? ....................................................... 12
28.
May I speak at the hearing? ................................................................. 13
EXCLUDING YOURSELF FROM THE SETTLEMENT ............................................ 13
29.
How do I exclude myself from the Settlement? .................................... 13
30.
If I do not exclude myself, can I sue Plaid for the same thing later? .... 13
31.
If I exclude myself, am I still represented by Class Counsel? .............. 14
DOING NOTHING ..................................................................................................... 14
32.
What happens if I do nothing? ............................................................. 14
GETTING MORE INFORMATION ............................................................................ 14
33.
How do I get more information? ........................................................... 14
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 71 of 132
-1-
BACKGROUND INFORMATION
1.
Why is there a notice?
A Court authorized this notice because you have a right to know how the proposed Settlement
may affect your rights. This notice explains the nature of the litigation, the general terms of the
proposed Settlement, and what it may mean to you. This notice also explains the ways you may
participate in, or exclude yourself from, the Settlement.
2.
What is this litigation about?
The complaint in this case alleges that Plaid took certain improper actions by obtaining log-in
credentials to user’s financial accounts through a user interface called Plaid Link that the
complaint alleges was designed to have the look and feel of the user’s bank account login screen,
when in fact the username and password were actually being provided to Plaid, and obtaining
more financial and other data than was authorized or needed by a user's app. The time period at
issue is January 1, 2013 to [[date of preliminary approval]].
Plaid enables connections between a user’s financial account and approximately 5,000 mobile
and web-based apps that consumers use to make payments, transfer money, pay bills, manage
their personal finances, make investments, and apply for loans, among other finance-related
activities. For examples of the types of apps that use Plaid, you can review Plaid’s website at
www.plaid.com (including https://plaid.com/discover-apps/) or you can refer to Paras. __ and ___
of the Plaintiffs’ Consolidated Amended Complaint, available at [www.plaidsettlement.com/page].
To confirm whether specific apps or services that connected to your financial account(s) used
Plaid for the account connections, you can run a search on the Settlement website at
www.plaidsettlement.com/page.
The lawsuit was brought on behalf of the individuals who allegedly believed based on the design
of Plaid Link that they were providing login credentials directly to their banks, and/or whose
accounts at financial institutions Plaid accessed using the user’s login credentials and connected
to a web-based or mobile payment or money transfer app. Plaid denies any wrongdoing and all
of the allegations in the lawsuit; no court or other entity has made any findings against Plaid nor
any determination that the law has been violated.
The current complaint filed in this litigation, which describes the specific legal claims alleged by
the Plaintiffs and the relief sought, is available on the Settlement Website, at
www.plaidsettlement.com. You can also find a copy of the Court’s order on Plaid’s motion to
dismiss the Plaintiffs’ legal claims, which sustained some claims and dismissed others, on the
Settlement Website at [www.plaidsettlement.com/page].
3.
Who is the defendant in the lawsuit?
The Defendant is Plaid Inc., a financial technology corporation. Plaid is a Delaware corporation
with its principal place of business in San Francisco, California. You can learn more about Plaid
at www.plaid.com.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 72 of 132
-2-
4.
Why is this a class action?
In a class action, one or more people file a lawsuit to assert legal claims on behalf of themselves
and other persons who have experienced the same or similar circumstances. Here, eleven people
who are proposed Class Members filed class action complaints and serve as named Plaintiffs
and “Class Representatives” in the consolidated amended lawsuit. In this capacity, they represent
the interests of all the Class Members.
Even if you have not filed your own lawsuit against Plaid regarding the allegations described in
this notice, if you are a Class Member, this Settlement still affects you because the Settlement
applies to all Class Members.
5.
Why is there a settlement?
The Court has not decided in favor of Plaintiffs or Plaid on the ultimate merits of Plaintiffs’ claims.
Instead, both sides agreed to a settlement. Settlements avoid the costs and uncertainty of a trial
and appeals, while providing benefits to Class Members when the Settlement becomes final.
Class Representatives and the attorneys for the Class (“Class Counsel,” see Question 10) believe
that the Settlement is in the best interests of the Class Members.
CLASS MEMBERSHIP
6.
Who is part of the Settlement?
You are a Class Member, and you are affected by this Settlement, if you are a United States
resident and:
(1) own or owned one or more “Financial Accounts” (see definition
in Question #2);
(2) Plaid (a) accessed your Financial Account; or (b) obtained your
Financial Account login credentials, between January 1, 2013 and
[date of preliminary approval]; and
(3) You were a United States resident at the time (2)(a) or (b)
occurred. See Questions 7, 8, and 9 for more information about
these terms.
The following entities and individuals are not Class Members:
●
Plaid and any and all of its predecessors, successors, assigns, parents,
subsidiaries,
affiliates,
directors,
officers,
employees,
agents,
representatives, and attorneys, and any and all of the parents’, subsidiaries’,
and affiliates’ present and former predecessors, successors, assigns,
directors, officers, employees, agents, representatives, and attorneys;
●
Any judicial officer presiding over the Action, or any member of his or her
immediate family or of his or her judicial staff; and
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 73 of 132
-3-
●
Any individual who meets the class definition and who timely and validly
excludes themselves from the Settlement.
7.
What does “Financial Account” mean in the Settlement?
“Financial Account” means any checking, savings, loan, or other account at a financial institution
(1) that Plaid accessed using the user’s login credentials and connected to a mobile or web-based
fintech application that enables payments (including ACH payments) or other money transfers or
(2) for which a user provided financial account login credentials to Plaid through Plaid Link. A
Financial Account does not include an account that was connected, or for which credentials were
provided, exclusively through an OAuth Process or Managed OAuth Process.
“Managed OAuth Process” means a process through which Plaid obtains login credentials in order
to secure an access token pursuant to a formal agreement with the applicable financial institution
and does not store those login credentials.
“OAuth Process” means a process through which Plaid redirects an end user to the financial
institution’s domain to enter their login credentials and does not obtain login credentials for the
end user.
8.
What is Plaid Link?
“Plaid Link” means a consumer facing interface developed by Plaid, as incorporated in mobile or
web-based applications or services, that guides an end user through the process of linking a
financial institution account to the application or service via Plaid.
The Complaint in this case alleges that Plaid authenticates app users’ bank accounts through
methods that are different from other methods of authenticating bank accounts because it is
“instant,” and does not require “micro-deposits” where the user returns to verify the amount of
small deposits made to their accounts in order to verify that they own the account. In a Plaid Link
interface, the user is prompted to input their bank username and password in order to verify the
account.
You can see examples of historical versions of Plaid Link on the Settlement website, at
[__________], and at pages 9-10 of the Complaint, available on the Settlement website, at
[__________]. You can also check whether apps or services that you connected to your financial
account used Plaid for the connection by searching on the Settlement website at
______________.
9.
How do I know whether I am a member of the Class?
If you received a Notice of this Settlement by mail or email, you have been identified by the
Settlement Administrator as a Class Member. If you did not receive a Notice by mail or email, you
may still be a Class Member.
You can check whether apps or services that you connected to your financial account used Plaid
for the connection on the Settlement website, by searching for the app or service that you used,
at ______________. You can see examples of historical versions of Plaid Link on the Settlement
website, at [__________], and at pages 9-10 of the Complaint, available on the Settlement
website, at [__________].
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 74 of 132
-4-
If you are still not sure whether you are a Class Member, you may visit the FAQ’s section of the
Settlement website, at [__________], contact the Settlement Administrator by mail at
[__________], or call the Settlement Administrator’s toll-free number at 800-[__________] for
more information that may help you determine whether or not you are a Class Member.
THE LAWYERS FOR CLASS MEMBERS
10. Do I have a lawyer in the case?
If you are a Class Member, you have a lawyer in this case. The Court appointed as “Class
Counsel” the law firms Burns Charest LLP; Herrera Kennedy LLP; and Lieff Cabraser Heimann &
Bernstein LLP to represent the Class Members. If you want to be represented by your own lawyer,
you may hire one at your own expense.
You may contact Class Counsel using the following information:
Rachel Geman
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
rgeman@lchb.com
Shawn M. Kennedy
HERRERA KENNEDY LLP
4590 MacArthur Blvd., Suite 500
Newport Beach, CA 92660
skennedy@herrerakennedy.com
Christopher J. Cormier
BURNS CHAREST LLP
4725 Wisconsin Avenue, NW, Suite 200
Washington, DC 20016
ccormier@burnscharest.com
11. How will Class Counsel be paid?
Class Counsel will apply to the Court to be paid from the Settlement Fund, and any payment will
be made only in the amount that is approved by the Court.
Class Counsel will ask the Court to award up to $14.5 million for attorneys’ fees from the
Settlement Fund (25% of the Settlement Fund). Class Counsel will also ask the Court to approve
Service Awards of up to $5,000 each for the eleven Class Representatives named in the complaint
as an award for their service to the Settlement Class as Plaintiffs and Class Representatives
($55,000 in total) out of the Settlement Fund. In addition, Class Counsel also will ask the Court to
reimburse them out of the Settlement Fund for the expenses they reasonably incurred and will
incur in litigating this case on behalf of Class Members (including amounts charged by the
Settlement Administrator for settlement administration).
The amount of the Settlement Fund that remains after the payment of all Court-approved
attorneys’ fees, Service Awards, and reimbursement of expenses will be distributed to Class
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 75 of 132
-5-
Members who have submitted valid claims for compensation and have not timely excluded
themselves from the Settlement in a manner approved by the Court.
Class Counsel and Plaid have not discussed the issue or amount of attorneys’ fees in their
negotiations of this Settlement; Plaid has the right to oppose Class Counsel’s application for fees,
reimbursement of expenses, and Service Awards to Class Representatives, and Class Members
have the right to object. The Court will decide the attorneys’ fees and expenses and Service
Awards to be paid. Any attorneys’ fees, expenses, or Service Awards approved by the Court will
be paid from the $58 million Settlement Fund.
Class Counsel’s application for attorneys’ fees, expenses, and Service Awards will be made
available on the Settlement Website at [__________] before the deadline for you to comment on
or object to the Settlement. You can also request a copy of the application by contacting the
Settlement Administrator at [__________].
BENEFITS FOR CLASS MEMBERS
12. What nonmonetary benefits does the Settlement provide?
The Settlement requires Plaid to:
●
Delete certain data from Plaid systems;
●
Inform Class Members of their ability to use Plaid Portal to manage the
connections made between their financial accounts and chosen applications
using Plaid and delete data stored in Plaid’s systems;
●
Continue to include certain disclosures and features in Plaid’s standard Link
flow;
●
Enhance disclosures about Plaid’s data collection practices, how Plaid uses
data, and privacy controls Plaid has made available to users in Plaid’s End
User Privacy Policy;
●
Minimize the data that Plaid stores; and
●
Continue to host a dedicated webpage with detailed information about Plaid’s
security practices.
Most of these requirements will be implemented no more than 180 days after the Court has
entered a final judgment that has come into effect (i.e., the final judgment can no longer be
appealed and has not been modified or reversed on appeal), and will apply for three years in the
United States. For a full list of non-monetary benefits, including those that were implemented or
finalized, in part, after this lawsuit was initially filed, see paragraphs 52-70 of the Settlement
Agreement, at www.plaidsettlement.com/page. A summary of these nonmonetary benefits of the
settlement is provided below.
Data Deletion from Plaid Systems
As part of the Settlement, Plaid will, to the extent not already deleted, delete the following data:
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 76 of 132
-6-
●
Data retrieved as part of Plaid’s Transactions product, including information
about account transactions, such as transaction date, amount, category,
merchant, and location, for users that Plaid can reasonably determine did not
connect an account to an application that requested Transactions data. This
means, for example, if you used an application that did not ask Plaid to collect
data about transactions you made, but Plaid accessed that data anyway,
then Plaid will delete that data from its systems.
●
Data for users that Plaid is aware it no longer has valid means that can be
used to authenticate with the bank. This means, for example, if Plaid
determines that the password it obtained for a particular bank account has
changed, or that the account has been closed, Plaid will delete the data
associated with that account from its systems.
●
It is important to understand that Plaid is not required to delete data retrieved
as part of another Plaid product for which you currently have an active
connection. For example, if you connect an app that requests data from a
particular Plaid product and Plaid collects that requested data for that app,
such data will not be deleted even if it overlaps with other data that would
otherwise be covered by this section.
Plaid Portal
By creating a Plaid Portal account, users, including Class Members, can view and manage the
connections between financial accounts and chosen applications made using Plaid, and delete
data stored in Plaid’s systems Currently, the website for Plaid Portal is my.plaid.com (see
Question 15).
As part of the Settlement, Plaid will provide a prominent reference to Plaid Portal on its website
homepage (www.plaid.com), along with a link to Plaid Portal and a plain-language description of
the user controls available through Plaid Portal. Plaid will also take reasonable commercial efforts
to send periodic email reminders to Plaid Portal account holders generally describing the user
controls available in Plaid Portal, including the ability to disconnect applications from their financial
accounts and delete data stored in Plaid’s systems.
Clear Disclosures at the Time of Account Connection
As part of the Settlement, Plaid has committed to ensuring that Plaid’s standard Link flow includes
the following:
●
The credentials pane, meaning the page where users enter their financial
account username and password, will continue to explain that the credentials
are being “provided to Plaid.”
●
The background color of the credentials pane will not utilize the color scheme
associated with a specific financial institution for that financial institution.
●
A separate pane will continue to a) refer expressly to Plaid and explain that
Plaid is used to link the user’s accounts, b) include a conspicuous link to
Plaid’s End User Privacy Policy, and c) require the user to agree to Plaid’s
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 77 of 132
-7-
End User Privacy Policy by taking clear affirmative action (e.g., by clicking
“Continue”).
In addition, Plaid has made the following changes that were implemented or finalized, in part,
after the filing of the initial class action complaint in this litigation:
●
The addition of the following language to the credentials pane of Plaid’s
standard Link flow for relevant products: “By providing your [financial
institution name] credentials to Plaid, you’re enabling Plaid to retrieve your
financial data.”
●
The addition of a link entitled “Why is Plaid involved?” to the institution
selection pane of Plaid’s standard Link flow, which opens to the following
text: “Plaid lets you connect your financial accounts to apps and services.
This is a service provided by Plaid. The connection Plaid provides to your
financial account(s) does not imply affiliation with any financial institution.”
Minimizing the Data Plaid Stores
As part of the Settlement, Plaid will minimize the amount of information that it stores from users’
financial accounts.
●
With respect to data retrieved from users’ financial accounts, subject to
certain limitations such as for compliance with applicable law, Plaid will only
store the categories of data for the Plaid product(s) that the user’s application
specifically requests from Plaid or that are necessary for Plaid to offer its
services, unless the user has expressly consented to the retrieval of
additional data.
●
Plaid will use its best efforts to continue to inform the applications that use
Plaid about its /item/remove endpoint, which is a means for those
applications to inform Plaid that a user has terminated their account with the
application, which then terminates the application’s access to data from
Plaid, and may lead to data deletion from Plaid’s systems (if such data is not
actively used by another application).
Enhancing Disclosures about What Plaid is and Does
As part of the Settlement, in addition to the disclosures and controls discussed above, Plaid will
enhance its End User Privacy Policy (EUPP) to provide more detailed information about Plaid’s
data collection, storage, use, sharing, and deletion practices. For all Plaid products, including
newly launched products, the EUPP will:
●
Provide more detail about the categories of personal information Plaid
collects from users’ financial accounts for each Plaid product, including a
plain-language list of the categories of personal information Plaid collects
and a plain-language statement of the general reasons the categories are
collected.
●
Provide more detail about how Plaid uses data, including by providing, for
each category of personal information that Plaid collects about users, the
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 78 of 132
-8-
categories of sources of the personal information, the categories of uses for
which Plaid collects the information, and the categories of parties, if any, with
whom Plaid shares the information (for example, the developer of the user’s
application).
●
Provide a plain-language explanation of Plaid’s deletion and retention
practices related to personal information.
●
Provide a dedicated section explaining in plain-language terms the privacy
controls Plaid has made available to users (e.g., “Privacy Control Section”).
In addition, Plaid launched certain consumer education pages after this litigation was filed, which
describe
Plaid’s
data
practices,
such
as
https://plaid.com/how-we-handle-data/;
https://plaid.com/why-is-plaid- involved/; and https://plaid.com/discover-apps/.
More details about the changes that Plaid has made or agreed to make as a result of the
Settlement are available in Paragraphs 52-70 of the Settlement Agreement, which is available on
the Settlement Website, at [__________].
13. What monetary benefits does the Settlement provide?
Under the Settlement, Plaid will pay $58 million to establish a Settlement Fund.
After deducting any court-approved attorneys’ fees and expenses and Service Awards for the
Class Representatives, and the costs of the settlement administration, the Settlement Fund will
be distributed to Class Members on a pro rata basis. The amount of the payments to individual
Class Members will depend on the number of valid claims that are filed. Class Members will be
able to choose whether to receive their payment via PayPal, Venmo, ACH Transfer, or paper
check. Because the final payment amount cannot be calculated before all claims for
compensation are received and verified, it will not be possible to provide an estimate of the
payment amount before the deadline to file claims.
In the event that any PayPal, Venmo, or ACH Transfer transfers fail or any paper checks are
uncashed, the Settlement Administrator will make a second pro rata payment based on the non-
transferred funds to Class Members who filed valid claims and provided valid electronic payment
information. In the event that the number of Class Members who file valid claims would result in
either an initial or secondary pro rata payment amount that the Parties, in consultation with the
Settlement Administrator and a neutral mediator, determine is too small to economically distribute
to Class Members, Class Counsel will seek Court approval to distribute the funds through a next-
best alternative, to one or more non-profit organizations that have a track record of addressing
consumer financial privacy and internet technology concerns, who will commit to use any funds
they receive for activities intended to benefit all Class Members. The proposed non-profit
organizations, also known as the proposed “Cy Pres Recipients,” are Privacy Rights
Clearinghouse and Consumer Reports.
14. Will all Class Members who file claims receive the same amount?
Yes. Each Class Member who submits a valid claim for compensation will be paid one equal pro
rata share from the Net Settlement Fund (the $58 million Settlement Fund minus any award of
attorneys’ fees and expenses, settlement administration costs, and Service Awards for the Class
Representatives). Each Class Member is entitled to submit only one claim for compensation from
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 79 of 132
-9-
the Net Settlement Fund regardless of the number of applications they have connected to financial
accounts via Plaid, or the number of their financial accounts that have been connected to apps.
Because the final payment amount cannot be calculated before all claims for compensation are
received and verified, it is not possible to provide an estimate of the payment amount before the
deadline to file claims.
15. How do I control who has access to my data?
You can create a Plaid Portal account to view and manage the connections you’ve made using
Plaid and delete data stored in Plaid’s systems. Currently, Plaid Portal is available at
https://my.plaid.com/. Pursuant to the Settlement, Plaid will also post a link to the Plaid Portal on
its website, www.plaid.com, where you can create or access your Plaid Portal account.
After creating a Plaid Portal account, you can use the Portal to securely manage the connections
between your financial accounts and chosen applications made using Plaid. Plaid Portal allows
you to see the types of data shared with each app, disconnect apps from your financial accounts
any time, and delete your data stored in Plaid’s systems.
HOW TO FILE A CLAIM
16. How do I file a claim for compensation?
To claim a cash payment, you need to file a claim form. There are two options to file your claim:
(1) File Online: You may fill out and submit the claim form online at
www.plaidsettlement.com/page. This is the quickest way to file a
claim.
(2) File by Mail: Alternatively, you can download a hard copy of the
claim form (available at www.plaidsettlement.com/page), or ask the
Settlement Administrator to mail a claim form to you by calling
_________. Fill out your claim form, and mail it (including postage)
to: In re Plaid, Inc. Privacy Litigation, c/o _____________.
The deadline to file a claim is _____ (this is the last day to file online and postmark deadline for
mailed claims).
17. Can I submit multiple claims if I have more than one Financial
Account that I connected through Plaid?
No. Each Class Member may submit only one claim, even if they own multiple Financial Accounts
that they connected through Plaid.
18. Can I submit multiple claims if I connected more than one app or
service to my Financial Account?
No. Each Class Member may submit only one claim, even if their Financial Account(s) were
connected to multiple apps or services through Plaid.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 80 of 132
-10-
19. What happens if my claim is not accepted?
The Settlement Administrator may reject Claim Forms that are duplicates of another claim, are
reasonably suspected to be fraudulent, or are submitted after the deadline. The Settlement
Administrator may also reject Claim Forms submitted by individuals it reasonably determines are
not members of the Class. Before rejecting a claim, the Settlement Administrator will notify the
claimant and give the claimant two weeks from the date of notice to correct any deficiency.
20. When and how will I receive the benefits I claim from the
Settlement?
Payments for valid claims will be made after the Settlement becomes final by the means
designated on your claim form. You may select payment via PayPal, Venmo, ACH Transfer, or
paper check. The Settlement will become final only if, and after, Final Approval is granted by the
Court and any appeals to Final Approval of the Settlement are resolved. This process may take
longer than one year. Please be patient.
21. What happens if my contact information changes after I submit a
Claim?
If, after you submit a claim form, you change your mailing address, email address, or the PayPal,
Venmo, or ACH Transfer information provided on your claim form, it is your responsibility to inform
the Settlement Administrator of your updated information. You may do so by contacting the
Settlement Administrator using the contact information in Question [[ ]].
LEGAL RIGHTS RESOLVED THROUGH THE SETTLEMENT
22. What am I giving up to stay in the Settlement Class?
If you do not exclude yourself from the Settlement Class, you will be releasing all of your legal
claims relating to the allegations in the plaintiffs’ complaint. You may view the complaint on the
Settlement Website at [www.plaidsettlement.com/page].
The claims you are giving up are called “Released Claims,” and they are defined in paragraph 45
of the Settlement Agreement. You will be releasing the Released Claims against Plaid and any
and all of its present or former predecessors, successors, assigns, parents, subsidiaries, affiliates,
directors, officers, employees, agents, representatives, and attorneys, and any and all of the
parents’, subsidiaries’, and affiliates’ present and former predecessors, successors, assigns,
directors, officers, employees, agents, representatives, and attorneys, in connection with the
Released Claims, when the Settlement becomes final.
By releasing your legal claims, you are giving up the right to file any type of legal action against,
or seek further compensation from, Plaid and the other released individuals and entities listed
above based on those claims. If you are a Class Member, all of the decisions by the Court will
bind you unless you exclude yourself from the Settlement (see Questions 29-31). That means
you will be bound to the terms of the Settlement and accompanying Court order, and cannot bring
any type of legal action, or be part of another legal action against Plaid or the other entities listed
in the paragraph above regarding the allegations in Plaintiffs’ complaint.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 81 of 132
-11-
Paragraph 45 of the Settlement Agreement defines the claims that will be released by Class
Members who do not exclude themselves from the Settlement. You can access the Settlement
Agreement
and
read
the
details
of
the
legal
claims
being
released
at
[www.plaidsettlement.com/page]. If you have any questions about what this means, you can
contact Class Counsel or the Settlement Administrator (see Question 10).
OBJECTING TO THE SETTLEMENT
23. If I don’t like the Settlement, how do I tell the Court?
If you do not exclude yourself from the Settlement, you can ask the Court to deny approval by
filing an objection. You can object to any aspect of the Settlement, to Class Counsel’s request for
attorneys’ fees and expenses, or to the request for Service Awards.
Objecting to the Settlement means asking the Court to deny approval to the Settlement. You can’t
ask the Court to order a larger monetary payment from Plaid as part of the settlement, or to
change the commitments Plaid has agreed to make under the Settlement. The Court can only
approve or reject the Settlement the parties have proposed. If the Court denies approval of the
Settlement, Plaid will not be required to comply with the terms of the Settlement Agreement, no
settlement payments will be sent out, and the lawsuit will continue. If that is what you want to
happen, you must object.
If you chose to make an objection, it must be in writing and contain the following:
a.
The name and case number of this lawsuit (In re Plaid Inc. Privacy
Litigation, the case number is 4:20-cv-03056);
b.
The basis for believing that you are a Class Member;
c.
Your full name and mailing address, and email address or telephone
number;
d.
All reasons for your objection;
e.
Whether you intend to appear at the Final Approval Hearing, either in
person or through an attorney representing you, and, if through an
attorney, the attorney’s name, address, and phone number;
f.
Your handwritten or electronically imaged written (e.g., “DocuSign”)
signature. An attorney’s signature, or a typed signature, is not sufficient.
To be considered by the Court, your objection must be either (1) filed at any location of the United
States District Court for the Northern District of California on or before ___, or (2) mailed,
postmarked no later than ___, to the following recipient:
Clerk of Court
United States District Court for the Northern District of California
1301 Clay Street
Oakland, CA 94612
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 82 of 132
-12-
24. What is the difference between objecting and excluding myself?
You object to the Settlement when you disagree with some aspect of the Settlement and think the
Court should not give Final Approval to the Settlement. An objection, like a comment, allows your
views to be heard in Court.
Excluding yourself from the Settlement means that you are no longer a Class Member and don’t
want the Settlement (including monetary payments) to apply to you. Once you are excluded, you
lose any right to object to any aspect of the Settlement because the case no longer affects you.
25. Do I need to attend the Final Approval Hearing if I file an
objection?
If you file 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.
FINAL APPROVAL HEARING
26. When and where will the Court decide whether to approve the
Settlement?
The Court will hold the Final Approval Hearing at [__] on [Month] [Day], 2021 in Courtroom 4 (3rd
Floor) of the United States Courthouse, 1301 Clay Street, Oakland, CA 94612. The hearing may
be postponed to a different date or time or location without notice. The hearing may be scheduled
to occur telephonically or by videoconference. Please check [__________], or Judge Donna M.
Ryu’s Calendar (available at https://apps.cand.uscourts.gov/CEO/cfd.aspx?71BQ) for any
updates about the Settlement or the Final Approval Hearing. If the date or time, or the format, of
the Final Approval Hearing changes, an update to the Settlement Website or the Court’s Calendar
is the only way you will be informed of the change.
At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable,
and adequate. If there are objections, the Court will consider them. The Court may listen to people
who appear at the hearing and who have provided notice of their intent to appear at the hearing
(see Question 23). The Court may also consider Class Counsel’s application for attorneys’ fees,
expenses and for Service Awards. At or after the hearing, the Court will decide whether to approve
the Settlement and to approve Class Counsel’s application for attorneys’ fees, expenses and
Service Awards.
27. Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. You may attend at your own
expense if you wish. If you submit a written objection, you may, but you do not have to, come to
Court to talk about it. As long as you submitted your written objection on time, the Court will
consider it. You may also pay your own lawyer to attend, but it is not required.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 83 of 132
-13-
28. May I speak at the hearing?
At that hearing, the Court will at its discretion hear any objections and arguments concerning the
fairness of the Settlement.
You may attend the hearing, but you do not have to. As described above in response to Question
23, you may speak at the Final Approval Hearing if (a) you have mailed your written comment or
objection to the Court on or before the postmark deadline, and (b) you identified in your comment
or objection whether you intend to appear at the Final Approval Hearing.
You cannot speak at the hearing if you exclude yourself from the Settlement Class.
EXCLUDING YOURSELF FROM THE SETTLEMENT
29. How do I exclude myself from the Settlement?
If you want to keep the right to sue or continue to sue Plaid or the other released entities (see
Question 22) based on claims this Settlement resolves, you must exclude yourself from the Class
(sometimes called “opting out”).
To exclude yourself from the Settlement, you must send a letter by mail to the Settlement
Administrator saying that you wish to do so. Your exclusion letter must include:
a.
The name and case number of this lawsuit (In re Plaid Inc. Privacy
Litigation, case number is 4:20-cv-03056);
b.
Your full name and mailing address, email address, or telephone number;
c.
The words “Notification of Exclusion” or a statement that you want to be
excluded from the Settlement; and
d.
Your handwritten or electronically imaged written (e.g., “DocuSign”)
signature. An attorney’s signature, or a typed signature, is not sufficient.
You must mail your exclusion letter, postmarked no later than ___, to:
In re Plaid Inc. Privacy Litigation
c/o ______
You cannot exclude yourself by mailing a notification to any other location or after the deadline of
___. You cannot exclude yourself by telephone or by email. Your exclusion letter must be signed
by you, personally, and not your lawyer or anyone else acting on your behalf. “Mass” or “class”
opt-outs made on behalf of multiple persons or classes of persons will be deemed invalid.
30. If I do not exclude myself, can I sue Plaid for the same thing later?
No. Unless you exclude yourself, you give up the right to sue Plaid for the claims that this
Settlement resolves.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 84 of 132
-14-
31. If I exclude myself, am I still represented by Class Counsel?
No. Class Counsel represents the members of the Settlement Class. If you exclude yourself from
the Settlement Class, you are not represented by Class Counsel.
DOING NOTHING
32. What happens if I do nothing?
If you do nothing, and if the Settlement becomes final, you will be part of the Settlement Class
and will receive the payments described above in Question 13. You will give up your rights to sue
Plaid (or continue to sue) or related entities (see Question 22) for claims arising out of or related
to the allegations in the plaintiffs’ complaint.
GETTING MORE INFORMATION
33. How do I get more information?
This notice summarizes the proposed Settlement. More details are in the Settlement Agreement
itself. You can get a copy of the Settlement Agreement, view other case documents, and get
additional information, updates, and answers to Frequently asked Questions, by visiting
[__________].
All of the case documents that have been filed publicly in this case are also available online
through the Court’s Public Access to Court Electronic Records (PACER) system at
https://ecf.cand.uscourts.gov. This case is called In re Plaid Inc. Privacy Litigation, and the case
number is 4:20-cv-03056. You may obtain case documents by visiting the office of the Clerk of
the Court for the United States District Court for the Northern District of California, San Francisco
Division, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
You can also get additional information or request a copy of the Settlement Agreement by calling
toll-free _____ or writing to the Settlement Administrator at _____.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE
ABOUT THIS SETTLEMENT.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 85 of 132
EXHIBIT D
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 86 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
DECLARATION OF STEVEN WEISBROT
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
IN RE PLAID INC. PRIVACY
LITIGATION
Master Docket No.: 4:20-cv-03056-DMR
DECLARATION OF
STEVEN WEISBROT ON BEHALF
OF ANGEION GROUP, LLC
I, Steven Weisbrot, hereby declare under penalty of perjury pursuant to 28 U.S.C. § 1746
that the following is true and correct:
1.
I am the President and Chief Innovation Officer at the class action notice and claims
administration firm Angeion Group, LLC (“Angeion”). I am fully familiar with the facts contained
herein based upon my personal knowledge.
2.
I have been responsible in whole or in part for the design and implementation of hundreds
of court-approved notice and administration programs, including some of the largest and most
complex notice plans in recent history. I have taught numerous accredited Continuing Legal
Education courses on the Ethics of Legal Notification in Class Action Settlements, using Digital
Media in Due Process Notice Programs, as well as Claims Administration, generally. I am the author
of multiple articles on Class Action Notice, Claims Administration, and Notice Design in
publications such as Bloomberg, BNA Class Action Litigation Report, Law360, the ABA Class
Action and Derivative Section Newsletter, and I am a frequent speaker on notice issues at
conferences throughout the United States and internationally.
3.
I was certified as a professional in digital media sales by the Interactive Advertising Bureau
(“IAB”) and I am co-author of the Digital Media section of Duke Law’s Guidelines and Best
Practices—Implementing 2018 Amendments to Rule 23 and the soon to be published George
Washington Law School Best Practices Guide to Class Action Litigation.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 87 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
DECLARATION OF STEVEN WEISBROT
4.
I have given public comment and written guidance to the Judicial Conference Committee on
Rules of Practice and Procedure on the role of direct mail, email, broadcast media, digital media and
print publication, in effecting Due Process notice, and I have met with representatives of the Federal
Judicial Center to discuss the 2018 amendments to Rule 23 and offered an educational curriculum
for the judiciary concerning notice procedures.
5.
Prior to joining Angeion’s executive team, I was employed as Director of Class Action
services at Kurtzman Carson Consultants, an experienced notice and settlement administrator. Prior
to my notice and claims administration experience, I was employed in private law practice.
6.
My notice work comprises a wide range of class actions that include product defect, data
breach, mass disasters, false advertising, employment discrimination, antitrust, tobacco, banking,
firearm, insurance, and bankruptcy cases.
7.
I have been at the forefront of infusing digital media, as well as big data and advanced
targeting, into class action notice programs. Courts have repeatedly recognized my work in the
design of class action notice programs. A comprehensive summary of judicial recognition Angeion
has received is attached hereto as Exhibit A.
8.
By way of background, Angeion is an experienced class action notice and claims
administration company formed by a team of executives that have had extensive tenures at five
other nationally recognized claims administration companies. Collectively, the management team
at Angeion has overseen more than 2,000 class action settlements and distributed over $15 billion
to class members. The executive profiles as well as the company overview are available at
https://www.angeiongroup.com/our_team.php.
9.
As a class action administrator, Angeion has regularly been approved by both federal and
state courts throughout the United States and abroad to provide notice of settlement and claims
processing services.
SUMMARY OF THE NOTICE PROGRAM
10.
The proposed Notice Program is the best notice that is practicable under the circumstances
and fully comports with due process and Fed. R. Civ. P. 23. It provides individual direct notice to
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 88 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
DECLARATION OF STEVEN WEISBROT
all reasonably identifiable Class Members via email or mail, combined with a strategic media
campaign comprised of state-of-the-art digital advertising, social media advertising, search engine
marketing, sponsored listings on two leading class action settlement websites and engagement on
social media. The Notice Program also includes the implementation of a dedicated website and a
toll-free telephone line where Class Members can learn more about their rights and options pursuant
to the terms of the Settlement.
11.
As discussed in greater detail below, the Notice Program is designed to deliver an
approximate 80.40% reach with an average frequency of 3.62 times. What this means in practice
is that 80.40% of our Target Audience will see a digital advertisement concerning the Settlement
an average of 3.62 times each. The 80.40% reach is separate and apart from the direct notice efforts,
sponsored listings, engagement on social media, dedicated website and toll-free telephone line, all
of which are difficult to measure in terms of reach percentage but will nonetheless provide
awareness and diffuse news of the Settlement to Class Members.
12.
The Federal Judicial Center states that a publication notice plan that reaches 70% of class
members is one that reaches a “high percentage” and is within the “norm.” Barbara J. Rothstein &
Thomas E. Willging, Federal Judicial Center, “Managing Class Action Litigation: A Pocket Guide
for Judges”, at 27 (3d Ed. 2010).
CLASS DEFINITION
13.
The Settlement Agreement defines the “Class” as “all natural persons who reside in the
United States and who own or owned one or more Financial Accounts at the time such persons resided
in the United States from January 1, 2013 to the date preliminary approval of the settlement is granted.”
The Agreement defines “Financial Account” as “a financial institution account (1) that Plaid accessed
using the user’s login credentials and connected to a mobile or web-based fintech application that
enables payments (including ACH payments) or other money transfers or (2) for which a user provided
financial account login credentials to Plaid through Plaid Link,” subject to certain exclusions as defined
in the Settlement Agreement.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 89 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
DECLARATION OF STEVEN WEISBROT
14.
Angeion has been informed that it will be provided with approximately 65 million unique
email addresses for certain Class Members and mailing addresses for certain other Class Members.
Angeion will use the Settlement Class Member data (the “Class List”) to provide direct notice to
Class Members, as outlined below.
DIRECT NOTICE
15.
The direct notice effort in this matter will consist of sending individual notice via email or
mail to all potential Class Members who have been identified by the Defendant through its records
and for whom contact information is included on the Class List that is provided to Angeion.
Email Notice
16.
The direct email notice effort in this matter will consist of sending individual email notice
in the form attached hereto as Exhibit B to all potential Class Members for whom email addresses
were provided to Angeion on the Class List.
17.
As an initial matter, Angeion designs the email notice to avoid many common “red flags”
that might otherwise cause a potential Class Member’s spam filter to block or identify the email
notice as spam. For instance, Angeion does not include the Claim Form or Long Form Notice as
an attachment to the email notice, because attachments are often interpreted by various Internet
Service Providers (“ISP”) as spam. Rather, in accordance with industry best practices, Angeion
includes a link to all operative documents so that Class Members can easily access this information.
18.
Angeion will employ additional methods to help ensure that as many Class Members as
possible receive notice via email. Specifically, prior to distributing email notice, Angeion will
engage in an email updating process to help ensure the accuracy of recipient email addresses.
Angeion also reviews email addresses for mis-transcribed characters and performs other hygiene,
as appropriate.
19.
Angeion also accounts for the real-world reality that some emails will inevitably fail to be
delivered during the initial delivery attempt. Therefore, after the initial noticing campaign is
complete, Angeion, after an approximate 24-72-hour rest period, which allows any temporary block
at the ISP level to expire, causes a second round of email noticing to continue to any email addresses
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 90 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
DECLARATION OF STEVEN WEISBROT
that were previously identified as soft bounces and not delivered. In our experience, this minimizes
emails that may have erroneously failed to deliver due to sensitive servers and optimizes delivery.
20.
At the completion of the email campaign, Angeion will report to the Court concerning the
rate of delivered emails accounting for any emails that are blocked at the ISP level. In short, the
Court will possess a detailed, verified account of the success rate of the entire direct notice
campaign.
21.
The Notice Program also includes a custom social media campaign utilizing Facebook1 and
Instagram2, which are two of the leading social media platforms in North America. This strategic
combination is designed to target Class Members whose email notice could not be delivered. If any
of the email addresses (or phone numbers, if available) are used as the primary log-on for a
Facebook or Instagram account, Angeion will be able to display ads directly to those Class
Members on their timeline. This is a distinct and effective method of targeting actual known,
verified Class Members. These efforts are in addition to the interest-based social media advertising,
which is described in greater detail below.
Mail Notice
22.
As part of the Notice Program, Angeion will send a postcard notice in the form attached
hereto as Exhibit C via first-class U.S. mail, postage pre-paid, to Class Members who did not have
an email address and for whom a mailing address is included in the Class List provided to Angeion.
In administering the Notice Program in this action, Angeion will employ the following best
practices to increase the deliverability rate of the mailed notices.
23.
Angeion will cause the mailing address information for members of the Class to be updated
utilizing the National Change of Address (“NCOA”) database, which provides updated address
information for individuals or entities who have moved during the previous four years and filed a
change of address with the USPS.
1 In 2020, Facebook had an approximate 223 million users in the United States
(https://www.statista.com/statistics/408971/number-of-us-facebook-users/).
2 In 2020, Instagram had an approximate 112 million users in the United States
(https://www.statista.com/statistics/293771/number-of-us-instagram-users/).
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 91 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
DECLARATION OF STEVEN WEISBROT
24.
Notices returned to Angeion by the USPS with a forwarding address will be re-mailed to
the new address provided by the USPS and the class member database will be updated accordingly.
25.
Notices returned to Angeion by the USPS without forwarding addresses will be subjected
to an address verification search (commonly referred to as “skip tracing”) utilizing a wide variety
of data sources, including public records, real estate records, electronic directory assistance listings,
etc., to locate updated addresses.
26.
For any Class Members where a new address is identified through the skip trace process,
the class member database will be updated with the new address information and a Notice will be
re-mailed to that address.
MEDIA NOTICE
Programmatic Display Advertising
27.
Angeion will utilize a form of internet advertising known as Programmatic Display
Advertising, which is the leading method of buying digital advertisements in the United States. It
has been reported that U.S. advertisers spent nearly $65.74 billion on programmatic display
advertising in 2020 and it is estimated that almost 86.5%, or $81.58 billion, of all U.S. digital
display ad dollars will transact programmatically in 20213. In laymen’s terms, programmatic
advertising is a method of advertising where an algorithm identifies and examines demographic
profiles and uses advanced technology to place advertisements on the websites where members of
the audience are most likely to visit (these websites are accessible on computers, mobile phones
and tablets).
28.
The Settlement Class definition was used as the starting point to create the media notice
campaign. To develop the media notice campaign and to verify its effectiveness, our media team
analyzed data from 2021 comScore Multi-Platform//GfK MRI Media + Fusion to profile the class
and arrive at an appropriate Target Audience based on criteria specific to this litigation.
3 https://www.emarketer.com/content/us-programmatic-digital-display-advertising-outlook-2021
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 92 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
DECLARATION OF STEVEN WEISBROT
29.
Based on the characteristics of this settlement, Angeion estimates that the size of the Target
Audience for the media notice campaign is approximately 112,417,000 individuals. The Target
Audience is based on objective syndicated data, which is routinely used by advertising agencies
and experts to understand the demographics, shopping habits and attitudes of the consumers that
they are seeking to reach. Using this form of objective data will allow the parties to report the reach
and frequency to the court, with the confidence that the reach percentage and the number of
exposure opportunities complies with due process and exceeds the Federal Judicial Center’s
threshold as to reasonableness in notification programs.
30.
To identify the best vehicles to deliver messaging to the Target Audience, Angeion also
reviewed the media quintiles, which measure the degree to which an audience uses media relative
to the general population. Here, the objective syndicated data shows that members of the Target
Audience are heavy internet users.
31.
Given the strength of digital advertising, as well as our Target Audience’s heavy internet
use, we recommend utilizing a robust internet advertising campaign to reach Class Members. This
media schedule will allow us to deliver an effective reach level and a vigorous frequency, which
will provide due and proper notice to the class.
32.
Multiple targeting layers will be implemented into the programmatic campaign to help
ensure delivery to the most appropriate users, inclusive of the following tactics:
• Look-a-like Modeling: This technique utilizes data methods to build a look-a-like audience
against known Class Members.
• Predictive Targeting: This technique allows technology to “predict” which users will be
served the advertisement about the litigation.
• Audience Targeting: This technique utilizes technology and data to serve the impressions to
the intended audience based on demographics, purchase behaviors and interests.
• Site Retargeting: This technique is a targeting method used to reach potential Class Members
who have already visited the dedicated case website while they browse other pages. This
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 93 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
DECLARATION OF STEVEN WEISBROT
allows Angeion to provide a potential Class Member sufficient exposure to an advertisement
about the litigation.
33.
To combat the possibility of non-human viewership of the digital advertisements and to
verify effective unique placements, Angeion employs Oracle’s BlueKai, Adobe’s Audience Manger
and/or Lotame, which are demand management platforms (“DMP”). DMPs allow Angeion to learn
more about the online audiences that are being reached.
34.
The internet banner notice portion will be implemented using a desktop and mobile
campaign and incorporates video advertisements. The internet banner notice portion is strategically
designed to notify and drive Class Members to the dedicated settlement website, where they can
find more information about the Settlement and are able to submit a claim form directly via the
settlement website.
Social Media Notice
35.
The Notice Program also includes an interest-based approach which focuses on the interests
that users exhibit while on the social media platforms Facebook and Instagram. This strategic
combination is designed to leverage the characteristics of our Target Audience, of which 92.89%
used social media in the last month.
36.
The social media campaign will engage with the Target Audience via a mix of news feed
and story units to optimize performance via the Facebook and Instagram desktop sites, mobile sites
and mobile apps. Facebook image ads will appear natively in desktop newsfeeds (on
Facebook.com) and mobile app newsfeeds (via the Facebook app or Facebook.com mobile site),
and on desktops via right-column ads. Instagram Photo and Stories ads will appear on the desktop
site (on Instagram.com) and mobile app feed (via the Instagram app or Instagram.com mobile site),
and in users’ story feeds.
37.
Additionally, specific tactics will be implemented to further qualify and deliver
impressions to the Target Audience. We will use Facebook Marketing platform and its technology
to serve ads on both Facebook and Instagram against the Target Audience. Look-a-like modeling
allows the use of consumer characteristics to serve ads. Based on these characteristics, we can build
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 94 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
DECLARATION OF STEVEN WEISBROT
different consumer profile segments to ensure the notice plan messaging is delivered to the proper
audience. Conquesting allows ads to be served in relevant placements to further alert prospective
Class Members. The social media ads will further be geo-targeted weighted delivery based on how
the Target Audience is geographically spread throughout the country.
38.
The social media campaign will run to coincide with the programmatic display advertising
portion of the Notice Program. Combined, these two media tactics are designed to deliver
approximately 326 million impressions.
Paid Search Campaign
39.
The Notice Plan also includes a paid search campaign to help drive Settlement Class
Members who are actively searching for information about the Settlement to the dedicated
Settlement Website. Paid search ads will complement the programmatic campaign, as search
engines are frequently used to locate a specific website, rather than a person typing in the URL.
Search terms would relate to not only the Settlement itself but also the subject-matter of the
litigation.
Sponsored Class Action Website Listings
40.
Angeion will cause the Settlement to be listed and promoted through two leading class action
settlement websites, www.topclassactions.com and www.classaction.org. These sites are known to
create awareness of pending settlements among consumers and, while not measured in terms of the
reported reach percentage, will be instrumental in seeding and disbursing news of the underlying
settlement. Top Class Actions averages 3 million monthly visitors, has approximately 900,000
newsletter subscribers and 145,000 Facebook followers. ClassAction.org averages 100,000 page-
views per month and has approximately 130,000 newsletter subscribers. Representative samples of
listings on Top Class Actions and ClassAction.org can be viewed on their respective websites.
41.
The promotion these websites is not capable of precise reach calculations and is thus not
included in the reach and frequency figures presented to the Court. Nonetheless, this mechanism
will serve an important function in that they will help stimulate interest in the Settlement and drive
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 95 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10
DECLARATION OF STEVEN WEISBROT
Class Members to the dedicated settlement website to read and understand their rights and options
under the Settlement.
Social Media Engagement
42.
Angeion will monitor public Twitter traffic for discussion of the settlement and will provide
information or respond to questions via Twitter on an ad hoc basis as appropriate, with advance
notice to the parties before beginning any outreach on Twitter.
RESPONSE MECHANISMS
43.
The Notice Program will also implement the creation of a case-specific website, where Class
Members can easily view general information about this class action Settlement, review relevant
Court documents, and view important dates and deadlines pertinent to the Settlement. The website
will be designed to be user-friendly and make it easy for Class Members to find information about
the case, including a customized video which will be displayed on the website. The website will
also have a “Contact Us” page whereby Class Members can send an email with any additional
questions to a dedicated email address. Likewise, Class Members will be able to submit a Claim
Form directly via the website.
44.
A toll-free hotline devoted to this case will be implemented to further apprise Class Members
of the rights and options pursuant to the terms of the Settlement. The toll-free hotline will utilize an
interactive voice response (“IVR”) system to provide Class Members with responses to frequently
asked questions and provide essential information regarding the Settlement. This hotline will be
accessible 24 hours a day, 7 days a week.
REACH AND FREQUENCY
45.
This declaration describes the reach and frequency evidence which courts systemically rely
upon in reviewing class action publication notice programs for adequacy. The reach percentage and
the number of exposure opportunities meet or exceed the guidelines as set forth in the Federal
Judicial Center’s Judges’ Class Action Notice and Claims Process Checklist and Plain Language
Guide.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 96 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11
DECLARATION OF STEVEN WEISBROT
46.
Specifically, the digital media and social media portions of the Notice Program are designed
to deliver an approximate 80.40% reach with an average frequency of 3.62 times each. The 80.40%
reach is separate and apart from the direct notice efforts, sponsored listings, engagement on social
media, dedicated website and toll-free telephone line, all of which are difficult to measure in terms
of reach percentage but will nonetheless provide awareness and diffuse news of the Settlement to
Class Members.
PLAIN LANGUAGE NOTICE DESIGN
47.
The proposed Notice forms used in this matter are designed to be “noticed,” reviewed, and
by presenting the information in plain language, understood by members of the Settlement Class.
The design of the notices follows the principles embodied in the Federal Judicial Center’s
illustrative “model” notices posted at www.fjc.gov. The notice forms contain plain-language
summaries of key information about the rights and options of members of the Settlement Class
pursuant to the Settlement. Consistent with normal practice, prior to being delivered and published,
all notice documents will undergo a final edit for accuracy.
48.
Angeion Group maintains a strong commitment to adhering to this requirement, drawing
on its experience and expertise to craft notices that effectively convey the necessary information to
members of the Settlement Class in plain language.
CONCLUSION
49.
The Notice Program outlined above includes direct notice to all reasonably identifiable
Class Members via email or mail, combined with a strategic media campaign comprised of state-
of-the-art digital advertising, social media advertising, search engine marketing, sponsored listings
on two leading class action settlement websites and engagement on social media. The Notice
Program also includes the implementation of a dedicated settlement website and toll-free hotline
to further inform Class Members of their rights and options in the Settlement and is strategically
designed to generate active participation of Class Members in the Settlement.
50.
In my professional opinion, the Notice Program will provide full and proper notice to Class
Members before the claims, opt-out and objection deadlines. Moreover, it is my opinion that the
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 97 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12
DECLARATION OF STEVEN WEISBROT
Notice Program is the best notice that is practicable under the circumstances, and that it fully
comports with due process and Fed. R. Civ. P. 23. After the Notice Program has concluded,
Angeion will provide a final report verifying its effective implementation.
I hereby declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.
Dated: August 5, 2021
____________________
STEVEN WEISBROT
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 98 of 132
Exhibit A
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 99 of 132
Judicial Recognition
© Angeion Group, LLC
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 100 of 132
IN RE: APPLE INC. DEVICE PERFORMANCE LITIGATION
Case No. 5:18-md-02827
The Honorable Edward J. Davila, United States District Court, Northern District of California (March
17, 2021): Angeion undertook a comprehensive notice campaign…The notice program was well
executed, far-reaching, and exceeded both Federal Rule of Civil Procedure 23(c)(2)(B)’s
requirement to provide the “best notice that is practicable under the circumstances” and Rule
23(e)(1)(B)’s requirement to provide “direct notice in a reasonable manner.”
IN RE: GOOGLE PLUS PROFILE LITIGATION
Case No. 5:18-cv-06164
The Honorable Edward J. Davila, United States District Court, Northern District of California
(January 25, 2021): The Court further finds that the program for disseminating notice to
Settlement Class Members provided for in the Settlement, and previously approved and directed
by the Court (hereinafter, the “Notice Program”), has been implemented by the Settlement
Administrator and the Parties, and such Notice Program, including the approved forms of notice,
is reasonable and appropriate and satisfies all applicable due process and other requirements,
and constitutes best notice reasonably calculated under the circumstances to apprise Settlement
Class Members…
NELSON ET AL. v. IDAHO CENTRAL CREDIT UNION
Case No. CV03-20-00831, CV03-20-03221
The Honorable Robert C. Naftz, Sixth Judicial District, State of Idaho, Bannock County (January 19,
2021): The Court finds that the Proposed Notice here is tailored to this Class and designed to
ensure broad and effective reach to it…The Parties represent that the operative notice plan is the
best notice practicable and is reasonably designed to reach the settlement class members. The
Court agrees.
IN RE: HANNA ANDERSSON AND SALESFORCE.COM DATA BREACH LITIGATION
Case No. 3:20-cv-00812
The Honorable Edward M. Chen, United States District Court, Northern District of California
(December 29, 2020): The Court finds that the Class Notice and Notice Program satisfy the
requirements of due process and Rule 23 of the Federal Rules of Civil Procedure and provide the
best notice practicable under the circumstances.
IN RE: PEANUT FARMERS ANTITRUST LITIGATION
Case No. 2:19-cv-00463
The Honorable Raymond A. Jackson, United States District Court, Eastern District of Virginia
(December 23, 2020): The Court finds that the Notice Program…constitutes the best notice that
is practicable under the circumstances and is valid, due and sufficient notice to all persons entitled
thereto and complies fully with the requirements of Rule 23(c)(2) and the due process
requirements of the Constitution of the United States.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 101 of 132
BENTLEY ET AL. v. LG ELECTRONICS U.S.A., INC.
Case No. 2:19-cv-13554
The Honorable Madeline Cox Arleo, United States District Court, District of New Jersey (December
18, 2020): The Court finds that notice of this Settlement was given to Settlement Class Members
in accordance with the Preliminary Approval Order and constituted the best notice practicable of
the proceedings and matters set forth therein, including the Litigation, the Settlement, and the
Settlement Class Members’ rights to object to the Settlement or opt out of the Settlement Class,
to all Persons entitled to such notice, and that this notice satisfied the requirements of Federal
Rule of Civil Procedure 23 and of due process.
IN RE: ALLURA FIBER CEMENT SIDING PRODUCTS LIABILITY LITIGATION
Case No. 2:19-mn-02886
The Honorable David C. Norton, United States District Court, District of South Carolina (December
18, 2020): The proposed Notice provides the best notice practicable under the circumstances. It
allows Settlement Class Members a full and fair opportunity to consider the proposed settlement.
The proposed plan for distributing the Notice likewise is a reasonable method calculated to reach
all members of the Settlement Class who would be bound by the settlement. There is no additional
method of distribution that would be reasonably likely to notify Settlement Class Members who
may not receive notice pursuant to the proposed distribution plan.
ADKINS ET AL. v. FACEBOOK, INC.
Case No. 3:18-cv-05982
The Honorable William Alsup, United States District Court, Northern District of California
(November 15, 2020): Notice to the class is “reasonably calculated, under all the circumstances,
to apprise interested parties of the pendency of the action and afford them an opportunity to
present their objections.” Mullane v. Central Hanover Bank & Tr. Co., 399 U.S. 306, 314 (1650).
IN RE: 21ST CENTURY ONCOLOGY CUSTOMER DATA SECURITY BREACH LITIGATION
Case No. 8:16-md-02737
The Honorable Mary S. Scriven, United States District Court, Middle District of Florida (November
2, 2020): The Court finds and determines that mailing the Summary Notice and publication of
the Settlement Agreement, Long Form Notice, Summary Notice, and Claim Form on the
Settlement Website, all pursuant to this Order, constitute the best notice practicable under the
circumstances, constitute due and sufficient notice of the matters set forth in the notices to all
persons entitled to receive such notices, and fully satisfies the of due process, Rule 23 of the
Federal Rules of Civil Procedure, 28 U.S.C. § 1715, and all other applicable laws and rules. The
Court further finds that all of the notices are written in plain language and are readily
understandable by Class Members.
MARINO ET AL. v. COACH INC.
Case No. 1:16-cv-01122
The Honorable Valerie Caproni, United States District Court, Southern District of New York (August
24, 2020): The Court finds that the form, content, and method of giving notice to the Settlement
Class as described in paragraph 8 of this Order: (a) will constitute the best practicable notice; (b)
are reasonably calculated, under the circumstances, to apprise the Settlement Class Members of
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 102 of 132
the pendency of the Action, the terms of the proposed Settlement, and their rights under the
proposed Settlement, including but not limited to their rights to object to or exclude themselves
from the proposed Settlement and other rights under the terms of the Settlement Agreement; (c)
are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class
Members and other persons entitled to receive notice; and (d) meet all applicable requirements
of law, including but not limited to 28 U.S.C. § 1715, Rule 23(c) and (e), and the Due Process
Clause(s) of the United States Constitution. The Court further finds that all of the notices are
written in plain language, are readily understandable by Settlement Class Members, and are
materially consistent with the Federal Judicial Center’s illustrative class action notices.
BROWN v. DIRECTV, LLC
Case No. 2:13-cv-01170
The Honorable Dolly M. Gee, United States District Court, Central District of California (July 23,
2020): Given the nature and size of the class, the fact that the class has no geographical
limitations, and the sheer number of calls at issue, the Court determines that these methods
constitute the best and most reasonable form of notice under the circumstances.
IN RE: SSA BONDS ANTITRUST LITIGATION
Case No. 1:16-cv-03711
The Honorable Edgardo Ramos, United States District Court, Southern District of New York (July
15, 2020): The Court finds that the mailing and distribution of the Notice and the publication of
the Summary Notice substantially in the manner set forth below meet the requirements of Rule
23 of the Federal Rules of Civil Procedure and due process and constitute the best notice
practicable under the circumstances, and shall constitute due and sufficient notice to all Persons
entitled to notice.
KJESSLER ET AL. v. ZAAPPAAZ, INC. ET AL.
Case No. 4:18-cv-00430
The Honorable Nancy F. Atlas, United States District Court, Southern District of Texas (July 14,
2020): The Court also preliminarily approves the proposed manner of communicating the Notice
and Summary Notice to the putative Settlement Class, as set out below, and finds it is the best
notice practicable under the circumstances, constitutes due and sufficient notice to all persons
and entities entitled to receive such notice, and fully satisfies the requirements of applicable laws,
including due process and Federal Rule of Civil Procedure 23.
HESTER ET AL. v. WALMART, INC.
Case No. 5:18-cv-05225
The Honorable Timothy L. Brooks, United States District Court, Western District of Arkansas (July
9, 2020): The Court finds that the Notice and Notice Plan substantially in the manner and form
set forth in this Order and the Agreement meet the requirements of Federal Rule of Civil Procedure
23 and due process, is the best notice practicable under the circumstances, and shall constitute
due and sufficient notice to all Persons entitled thereto.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 103 of 132
CLAY ET AL. v. CYTOSPORT INC.
Case No. 3:15-cv-00165
The Honorable M. James Lorenz, United States District Court, Southern District of California (June
17, 2020): The Court approves the proposed Notice Plan for giving notice to the Settlement Class
through publication, both print and digital, and through the establishment of a Settlement
Website, as more fully described in the Agreement and the Claims Administrator’s affidavits (docs.
no. 222-9, 224, 224-1, and 232-3 through 232-6). The Notice Plan, in form, method, and content,
complies with the requirements of Rule 23 and due process, and constitutes the best notice
practicable under the circumstances.
GROGAN v. AARON’S INC.
Case No. 1:18-cv-02821
The Honorable J.P. Boulee, United States District Court, Northern District of Georgia (May 1, 2020):
The Court finds that the Notice Plan as set forth in the Settlement Agreement meets the
requirements of Fed. R. Civ. P. 23 and constitutes the best notice practicable under the
circumstances, including direct individual notice by mail and email to Settlement Class Members
where feasible and a nationwide publication website-based notice program, as well as establishing
a Settlement Website at the web address of www.AaronsTCPASettlement.com, and satisfies fully
the requirements the Federal Rules of Civil Procedure, the U.S. Constitution, and any other
applicable law, such that the Settlement Agreement and Final Order and Judgment will be binding
on all Settlement Class Members.
CUMMINGS v. BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO, ET AL.
Case No. D-202-CV-2001-00579
The Honorable Carl Butkus, Second Judicial District Court, County of Bernalillo, State of New
Mexico (March 30, 2020): The Court has reviewed the Class Notice, the Plan of Allocation and
Distribution and Claim Form, each of which it approves in form and substance. The Court finds
that the form and methods of notice set forth in the Agreement: (i) are reasonable and the best
practicable notice under the circumstances; (ii) are reasonably calculated to apprise Settlement
Class Members of the pendency of the Lawsuit, of their rights to object to or opt-out of the
Settlement, and of the Final Approval Hearing; (iii) constitute due, adequate, and sufficient notice
to all persons entitled to receive notice; and (iv) meet the requirements of the New Mexico Rules
of Civil Procedure, the requirements of due process under the New Mexico and United States
Constitutions, and the requirements of any other applicable rules or laws.
SCHNEIDER, ET AL. v. CHIPOTLE MEXICAN GRILL, INC.
Case No. 4:16-cv-02200
The Honorable Haywood S. Gilliam, Jr., United States District Court, Northern District of California
(January 31, 2020): Given that direct notice appears to be infeasible, the third-party settlement
administrator will implement a digital media campaign and provide for publication notice in
People magazine, a nationwide publication, and the East Bay Times. SA § IV.A, C; Dkt. No. 205-12
at ¶¶ 13–23. The publication notices will run for four consecutive weeks. Dkt. No. 205 at ¶ 23. The
digital media campaign includes an internet banner notice implemented using a 60-day desktop
and mobile campaign. Dkt. No. 205-12 at ¶ 18. It will rely on “Programmatic Display Advertising”
to reach the “Target Audience,” Dkt. No. 216-1 at ¶ 6, which is estimated to include 30,100,000
people and identified using the target definition of “Fast Food & Drive-In Restaurants Total
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 104 of 132
Restaurants Last 6 Months [Chipotle Mexican Grill],” Dkt. No. 205-12 at ¶ 13. Programmatic display
advertising utilizes “search targeting,” “category contextual targeting,” “keyword contextual
targeting,” and “site targeting,” to place ads. Dkt. No. 216-1 at ¶¶ 9–12. And through “learning”
technology, it continues placing ads on websites where the ad is performing well. Id. ¶ 7. Put
simply, prospective Class Members will see a banner ad notifying them of the settlement when
they search for terms or websites that are similar to or related to Chipotle, when they browse
websites that are categorically relevant to Chipotle (for example, a website related to fast casual
dining or Mexican food), and when they browse websites that include a relevant keyword (for
example, a fitness website with ads comparing fast casual choices). Id. ¶¶ 9–12. By using this
technology, the banner notice is “designed to result in serving approximately 59,598,000
impressions.” Dkt. No. 205-12 at ¶ 18.
The Court finds that the proposed notice process is “‘reasonably calculated, under all the
circumstances,’ to apprise all class members of the proposed settlement.” Roes, 944 F.3d at 1045
(citation omitted).
HANLEY v. TAMPA BAY SPORTS AND ENTERTAINMENT LLC
Case No. 8:19-cv-00550
The Honorable Charlene Edwards Honeywell, United States District Court, Middle District of
Florida (January 7, 2020): The Court approves the form and content of the Class notices and claim
forms substantially in the forms attached as Exhibits A-D to the Settlement. The Court further finds
that the Class Notice program described in the Settlement is the best practicable under the
circumstances. The Class Notice program is reasonably calculated under the circumstances to
inform the Settlement Class of the pendency of the Action, certification of a Settlement Class, the
terms of the Settlement, Class Counsel’s attorney’s fees application and the request for a service
award for Plaintiff, and their rights to opt-out of the Settlement Class or object to the Settlement.
The Class notices and Class Notice program constitute sufficient notice to all persons entitled to
notice. The Class notices and Class Notice program satisfy all applicable requirements of law,
including, but not limited to, Federal Rule of Civil Procedure 23 and the Constitutional requirement
of Due Process.
CORCORAN, ET AL. v. CVS HEALTH, ET AL.
Case No. 4:15-cv-03504
The Honorable Yvonne Gonzalez Rogers, United States District Court, Northern District of
California (November 22, 2019): Having reviewed the parties’ briefings, plaintiffs’ declarations
regarding the selection process for a notice provider in this matter and regarding Angeion Group
LLC’s experience and qualifications, and in light of defendants’ non-opposition, the Court
APPROVES Angeion Group LLC as the notice provider. Thus, the Court GRANTS the motion for
approval of class notice provider and class notice program on this basis.
Having considered the parties’ revised proposed notice program, the Court agrees that the
parties’ proposed notice program is the “best notice that is practicable under the circumstances.”
The Court is satisfied with the representations made regarding Angeion Group LLC’s methods for
ascertaining email addresses from existing information in the possession of defendants. Rule 23
further contemplates and permits electronic notice to class members in certain situations. See
Fed. R. Civ. P. 23(c)(2)(B). The Court finds, in light of the representations made by the parties, that
this is a situation that permits electronic notification via email, in addition to notice via United
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 105 of 132
States Postal Service. Thus, the Court APPROVES the parties’ revised proposed class notice
program, and GRANTS the motion for approval of class notice provider and class notice program
as to notification via email and United States Postal Service mail.
PATORA v. TARTE, INC.
Case No. 7:18-cv-11760
The Honorable Kenneth M. Karas, United States District Court, Southern District of New York
(October 2, 2019): The Court finds that the form, content, and method of giving notice to the
Class as described in Paragraph 9 of this Order: (a) will constitute the best practicable notice; (b)
are reasonably calculated, under the circumstances, to apprise the Settlement Class Members of
the pendency of the Action, the terms of the Proposed Settlement, and their rights under the
Proposed Settlement, including but not limited to their rights to object to or exclude themselves
from the Proposed Settlement and other rights under the terms of the Settlement Agreement; (c)
are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class
Members and other persons entitled to receive notice; and (d) meet all applicable requirements
of law, including but not limited to 28 U.S.C. § 1715, Rule 23(c) and (e), and the Due Process
Clauses of the United States Constitution. The Court further finds that all of the notices are written
in simple terminology, are readily understandable by Settlement Class Members, and are
materially consistent with the Federal Judicial Center's illustrative class action notices.
CARTER, ET AL. v. GENERAL NUTRITION CENTERS, INC., and GNC HOLDINGS, INC.
Case No. 2:16-cv-00633
The Honorable Mark R. Hornak, United States District Court, Western District of Pennsylvania
(September 9, 2019): The Court finds that the Class Notice and the manner of its dissemination
described in Paragraph 7 above and Section VII of the Agreement constitutes the best practicable
notice under the circumstances and is reasonably calculated, under all the circumstances, to
apprise proposed Settlement Class Members of the pendency of this action, the terms of the
Agreement, and their right to object to or exclude themselves from the proposed Settlement
Class. The Court finds that the notice is reasonable, that it constitutes due, adequate and sufficient
notice to all persons entitled to receive notice, and that it meets the requirements of due process,
Rule 23 of the Federal Rules of Ci vii Procedure, and any other applicable laws.
CORZINE v. MAYTAG CORPORATION, ET AL.
Case No. 5:15-cv-05764
The Honorable Beth L. Freeman, United States District Court, Northern District of California
(August 21, 2019): The Court, having reviewed the proposed Summary Notice, the proposed FAQ,
the proposed Publication Notice, the proposed Claim Form, and the proposed plan for distributing
and disseminating each of them, finds and concludes that the proposed plan will provide the best
notice practicable under the circumstances and satisfies all requirements of federal and state laws
and due process.
MEDNICK v. PRECOR, INC.
Case No. 1:14-cv-03624
The Honorable Harry D. Leinenweber, United States District Court, Northern District of Illinois
(June 12, 2019): Notice provided to Class Members pursuant to the Preliminary Class Settlement
Approval Order constitutes the best notice practicable under the circumstances, including
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 106 of 132
individual email and mail notice to all Class Members who could be identified through reasonable
effort, including information provided by authorized third-party retailers of Precor. Said notice
provided full and adequate notice of these proceedings and of the matter set forth therein,
including the proposed Settlement set forth in the Agreement, to all persons entitled to such
notice, and said notice fully satisfied the requirements of F.R.C.P. Rule 23 (e) and (h) and the
requirements of due process under the United States and California Constitutions.
GONZALEZ v. TCR SPORTS BROADCASTING HOLDING LLP, ET AL.
Case No. 1:18-cv-20048
The Honorable Darrin P. Gayles, United States District Court, Southern District of Florida (May 24,
2019): The Court finds that notice to the class was reasonable and the best notice practicable
under the circumstances, consistent with Rule 23(e)(1) and Rule 23(c)(2)(B).
ANDREWS ET AL. v. THE GAP, INC., ET AL.
Case No. CGC-18-567237
The Honorable Richard B. Ulmer Jr., Superior Court of the State of California, County of San
Francisco (May 10, 2019): The Court finds that (a) the Full Notice, Email Notice, and Publication
constitute the best notice practicable under the circumstances, (b) they constitute valid, due, and
sufficient notice to all members of the Class, and (c) they comply fully with the requirements of
California Code of Civil Procedure section 382, California Rules of Court 3.766 and 3.769, the
California and United States Constitutions, and other applicable law.
COLE, ET AL. v. NIBCO, INC.
Case No. 3:13-cv-07871
The Honorable Freda L. Wolfson, United States District Court, District of New Jersey (April 11,
2019): The record shows, and the Court finds, that the Notice Plan has been implemented in the
manner approved by the Court in its Preliminary Approval Order. The Court finds that the Notice
Plan constitutes: (i) the best notice practicable to the Settlement Class under the circumstances;
(ii) was reasonably calculated, under the circumstances, to apprise the Settlement Class of the
pendency of this…, (iii) due, adequate, and sufficient notice to all Persons entitled to receive notice;
and (iv) notice that fully satisfies the requirements of the United States Constitution (including the
Due Process Clause), Fed. R. Civ. P. 23, and any other applicable law.
DIFRANCESCO, ET AL. v. UTZ QUALITY FOODS, INC.
Case No. 1:14-cv-14744
The Honorable Douglas P. Woodlock, United States District Court, District of Massachusetts
(March 15, 2019): The Court finds that the Notice plan and all forms of Notice to the Class as set
forth in the Settlement Agreement and Exhibits 2 and 6 thereto, as amended (the "Notice
Program"), is reasonably calculated to, under all circumstances, apprise the members of the
Settlement Class of the pendency of this action, the certification of the Settlement Class, the terms
of the Settlement Agreement, and the right of members to object to the settlement or to exclude
themselves from the Class. The Notice Program is consistent with the requirements of Rule 23 and
due process, and constitutes the best notice practicable under the circumstances.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 107 of 132
IN RE: CHRYSLER-DODGE-JEEP ECODIESEL MARKETING, SALES PRACTICES, AND PRODUCTS
LIABILITY LITIGATION
Case No. 3:17-md-02777
The Honorable Edward M. Chen, United States District Court, Northern District of California
(February 11, 2019): Also, the parties went through a sufficiently rigorous selection process to
select a settlement administrator. See Proc. Guidance for Class Action Sett. ¶ 2; see also Cabraser
Decl. ¶¶ 9-10. While the settlement administration costs are significant – an estimated $1.5 million
– they are adequately justified given the size of the class and the relief being provided.
In addition, the Court finds that the language of the class notices (short and long-form) is
appropriate and that the means of notice – which includes mail notice, electronic notice,
publication notice, and social media “marketing” – is the “best notice…practicable under the
circumstances.” Fed. R. Civ. P. 23(c)(2)(B); see also Proc. Guidance for Class Action Sett. ¶¶ 3-5, 9
(addressing class notice, opt-outs, and objections). The Court notes that the means of notice has
changed somewhat, as explained in the Supplemental Weisbrot Declaration filed on February 8,
2019, so that notice will be more targeted and effective. See generally Docket No. 525 (Supp.
Weisbrot Decl.) (addressing, inter alia, press release to be distributed via national newswire service,
digital and social media marketing designed to enhance notice, and “reminder” first-class mail
notice when AEM becomes available).
Finally, the parties have noted that the proposed settlement bears similarity to the settlement in
the Volkswagen MDL. See Proc. Guidance for Class Action Sett. ¶ 11.
RYSEWYK, ET AL. v. SEARS HOLDINGS CORPORATION and SEARS, ROEBUCK AND
COMPANY
Case No. 1:15-cv-04519
The Honorable Manish S. Shah, United States District Court, Northern District of Illinois (January
29, 2019): The Court holds that the Notice and notice plan as carried out satisfy the requirements
of Rule 23(e) and due process. This Court has previously held the Notice and notice plan to be
reasonable and the best practicable under the circumstances in its Preliminary Approval Order
dated August 6, 2018. (Dkt. 191) Based on the declaration of Steven Weisbrot, Esq. of Angeion
Group (Dkt. No. 209-2), which sets forth compliance with the Notice Plan and related matters, the
Court finds that the multi-pronged notice strategy as implemented has successfully reached the
putative Settlement Class, thus constituting the best practicable notice and satisfying due process.
MAYHEW, ET AL. v. KAS DIRECT, LLC, and S.C. JOHNSON & SON, INC.
Case No. 7:16-cv-06981
The Honorable Vincent J. Briccetti, United States District Court, Southern District of New York (June
26, 2018): In connection with their motion, plaintiffs provide the declaration of Steven Weisbrot,
Esq., a principal at the firm Angeion Group, LLC, which will serve as the notice and settlement
administrator in this case. (Doc. #101, Ex. F: Weisbrot Decl.) According to Mr. Weisbrot, he has
been responsible for the design and implementation of hundreds of class action administration
plans, has taught courses on class action claims administration, and has given testimony to the
Judicial Conference Committee on Rules of Practice and Procedure on the role of direct mail,
email, and digital media in due process notice. Mr. Weisbrot states that the internet banner
advertisement campaign will be responsive to search terms relevant to “baby wipes, baby
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 108 of 132
products, baby care products, detergents, sanitizers, baby lotion, [and] diapers,” and will target
users who are currently browsing or recently browsed categories “such as parenting, toddlers,
baby care, [and] organic products.” (Weisbrot Decl. ¶ 18). According to Mr. Weisbrot, the internet
banner advertising campaign will reach seventy percent of the proposed class members at least
three times each. (Id. ¶ 9). Accordingly, the Court approves of the manner of notice proposed by
the parties as it is reasonable and the best practicable option for confirming the class members
receive notice.
IN RE: OUTER BANKS POWER OUTAGE LITIGATION
Case No. 4:17-cv-00141
The Honorable James C. Dever III, United States District Court, Eastern District of North Carolina
(May 2, 2018): The court has reviewed the proposed notice plan and finds that the notice plan
provides the best practicable notice under the circumstances and, when completed, shall
constitute fair, reasonable, and adequate notice of the settlement to all persons and entities
affected by or entitled to participate in the settlement, in full compliance with the notice
requirements of Fed. R. Civ. P. 23(c)(2)(B) and due process. Thus, the court approves the proposed
notice plan.
GOLDEMBERG, ET AL. v. JOHNSON & JOHNSON CONSUMER COMPANIES, INC.
Case No. 7:13-cv-03073
The Honorable Nelson S. Roman, United States District Court, Southern District of New York
(November 1, 2017): Notice of the pendency of the Action as a class action and of the proposed
Settlement, as set forth in the Settlement Notices, was given to all Class Members who could be
identified with reasonable effort, consistent with the terms of the Preliminary Approval Order. The
form and method of notifying the Class of the pendency of the Action as a class action and of the
terms and conditions of the proposed Settlement met the requirements of Rule 23 of the Federal
Rules of Civil Procedure, due process, and any other applicable law in the United States. Such
notice constituted the best notice practicable under the circumstances, and constituted due and
sufficient notice to all persons and entities entitled thereto.
HALVORSON v. TALENTBIN, INC.
Case No. 3:15-cv-05166
The Honorable Joseph C. Spero, United States District Court, Northern District of California (July
25, 2017): The Court finds that the Notice provided for in the Order of Preliminary Approval of
Settlement has been provided to the Settlement Class, and the Notice provided to the Settlement
Class constituted the best notice practicable under the circumstances, and was in full compliance
with the notice requirements of Rule 23 of the Federal Rules of Civil Procedure, due process, the
United States Constitution, and any other applicable law. The Notice apprised the members of the
Settlement Class of the pendency of the litigation; of all material elements of the proposed
settlement, including but not limited to the relief afforded the Settlement Class under the
Settlement Agreement; of the res judicata effect on members of the Settlement Class and of their
opportunity to object to, comment on, or opt-out of, the Settlement; of the identity of Settlement
Class Counsel and of information necessary to contact Settlement Class Counsel; and of the right
to appear at the Fairness Hearing. Full opportunity has been afforded to members of the
Settlement Class to participate in the Fairness Hearing. Accordingly, the Court determines that all
Final Settlement Class Members are bound by this Final Judgment in accordance with the terms
provided herein.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 109 of 132
IN RE: ASHLEY MADISON CUSTOMER DATA SECURITY BREACH LITIGATION
MDL No. 2669/Case No. 4:15-md-02669
The Honorable John A. Ross, United States District Court, Eastern District of Missouri (July 21,
2017): The Court further finds that the method of disseminating Notice, as set forth in the Motion,
the Declaration of Steven Weisbrot, Esq. on Adequacy of Notice Program, dated July 13, 2017,
and the Parties’ Stipulation—including an extensive and targeted publication campaign
composed of both consumer magazine publications in People and Sports Illustrated, as well as
serving 11,484,000 highly targeted digital banner ads to reach the prospective class members that
will deliver approximately 75.3% reach with an average frequency of 3.04 —is the best method of
notice practicable under the circumstances and satisfies all requirements provided in Rule
23(c)(2)(B) and all Constitutional requirements including those of due process.
The Court further finds that the Notice fully satisfies Rule 23 of the Federal Rules of Civil Procedure
and the requirements of due process; provided, that the Parties, by agreement, may revise the
Notice, the Claim Form, and other exhibits to the Stipulation, in ways that are not material or ways
that are appropriate to update those documents for purposes of accuracy.
TRAXLER, ET AL. v. PPG INDUSTRIES INC., ET AL.
Case No. 1:15-cv-00912
The Honorable Dan Aaron Polster, United States District Court, Northern District of Ohio (April 27,
2017): The Court hereby approves the form and procedure for disseminating notice of the
proposed settlement to the Settlement Class as set forth in the Agreement. The Court finds that
the proposed Notice Plan contemplated constitutes the best notice practicable under the
circumstances and is reasonably calculated, under the circumstances, to apprise Settlement Class
Members of the pendency of the Action and their right to object to the proposed settlement or
opt out of the Settlement Class in full compliance with the requirements of applicable law,
including the Due Process Clause of the United States Constitution and Rules 23(c) and (e). In
addition, Class Notice clearly and concisely states in plain, easily understood language: (i) the
nature of the action; (ii) the definition of the certified Settlement Class; (iii) the claims and issues
of the Settlement Class; (iv) that a Settlement Class Member may enter an appearance through an
attorney if the member so desires; (v) that the Court will exclude from the Settlement Class any
member who requests exclusion; (vi) the time and manner for requesting exclusion; and (vii) the
binding effect of a class judgment on members under Rule 23(c)(3).
IN RE: THE HOME DEPOT, INC., CUSTOMER DATA SECURITY BREACH LITIGATION
Case No. 1:14-md-02583
The Honorable Thomas W. Thrash Jr., United States District Court, Northern District of Georgia
(March 10, 2017): The Court finds that the form, content, and method of giving notice to the
settlement class as described in the settlement agreement and exhibits: (a) constitute the best
practicable notice to the settlement class; (b) are reasonably calculated, under the circumstances,
to apprise settlement class members of the pendency of the action, the terms of the proposed
settlement, and their rights under the proposed settlement; (c) are reasonable and constitute due,
adequate, and sufficient notice to those persons entitled to receive notice; and (d) satisfy the
requirements of Federal Rule of Civil Procedure 23, the constitutional requirement of due process,
and any other legal requirements. The Court further finds that the notice is written in plain
language, uses simple terminology, and is designed to be readily understandable by settlement
class members.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 110 of 132
ROY v. TITEFLEX CORPORATION t/a GASTITE and WARD MANUFACTURING, LLC
Case No. 384003V
The Honorable Ronald B. Rubin, Circuit Court for Montgomery County, Maryland (February 24,
2017): What is impressive to me about this settlement is in addition to all the usual recitation of
road racing litanies is that there is going to be a) public notice of a real nature and b) about a
matter concerning not just money but public safety and then folks will have the knowledge to
decide for themselves whether to take steps to protect themselves or not. And that’s probably the
best thing a government can do is to arm their citizens with knowledge and then the citizens can
make decision. To me that is a key piece of this deal. I think the notice provisions are exquisite
[emphasis added].
IN RE: LG FRONT LOADING WASHING MACHINE CLASS ACTION LITIGATION
Case No. 2:08-cv-00051
The Honorable Madeline Cox Arleo, United States District Court, District of New Jersey (June 17,
2016): This Court further approves the proposed methods for giving notice of the Settlement to
the Members of the Settlement Class, as reflected in the Settlement Agreement and the joint
motion for preliminary approval. The Court has reviewed the notices attached as exhibits to the
Settlement, the plan for distributing the Summary Notices to the Settlement Class, and the plan
for the Publication Notice's publication in print periodicals and on the internet, and finds that the
Members of the Settlement Class will receive the best notice practicable under the circumstances.
The Court specifically approves the Parties' proposal to use reasonable diligence to identify
potential class members and an associated mailing and/or email address in the Company's
records, and their proposal to direct the ICA to use this information to send absent class members
notice both via first class mail and email. The Court further approves the plan for the Publication
Notice's publication in two national print magazines and on the internet. The Court also approves
payment of notice costs as provided in the Settlement. The Court finds that these procedures,
carried out with reasonable diligence, will constitute the best notice practicable under the
circumstances and will satisfy.
FENLEY v. APPLIED CONSULTANTS, INC.
Case No. 2:15-cv-00259
The Honorable Mark R. Hornak, United States District Court, Western District of Pennsylvania (June
16, 2016): The Court would note that it approved notice provisions of the settlement agreement
in the proceedings today. That was all handled by the settlement and administrator Angeion. The
notices were sent. The class list utilized the Postal Service's national change of address database
along with using certain proprietary and other public resources to verify addresses. the
requirements of Fed.R.Civ.P. 23(c)(2), Fed.R.Civ.P. 23(e) (l), and Due Process....
The Court finds and concludes that the mechanisms and methods of notice to the class as
identified were reasonably calculated to provide all notice required by the due process clause, the
applicable rules and statutory provisions, and that the results of the efforts of Angeion were
highly successful and fulfilled all of those requirements [emphasis added].
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 111 of 132
FUENTES, ET AL. v. UNIRUSH, LLC d/b/a UNIRUSH FINANCIAL SERVICES, ET AL.
Case No. 1:15-cv-08372
The Honorable J. Paul Oetken, United States District Court, Southern District of New York (May
16, 2016): The Court approves, as to form, content, and distribution, the Claim Form attached to
the Settlement Agreement as Exhibit A, the Notice Plan, and all forms of Notice to the Settlement
Class as set forth in the Settlement Agreement and Exhibits B-D, thereto, and finds that such
Notice is the best notice practicable under the circumstances, and that the Notice complies fully
with the requirements of the Federal Rules of Civil Procedure. The Court also finds that the Notice
constitutes valid, due and sufficient notice to all persons entitled thereto, and meets the
requirements of Due Process. The Court further finds that the Notice is reasonably calculated to,
under all circumstances, reasonably apprise members of the Settlement Class of the pendency of
the Actions, the terms of the Settlement Agreement, and the right to object to the settlement and
to exclude themselves from the Settlement Class. The Parties, by agreement, may revise the
Notices and Claim Form in ways that are not material, or in ways that are appropriate to update
those documents for purposes of accuracy or formatting for publication.
IN RE: WHIRLPOOL CORP. FRONTLOADING WASHER PRODUCTS LIABILITY LITIGATION
MDL No. 2001/Case No. 1:08-wp-65000
The Honorable Christopher A. Boyko, United States District Court, Northern District of Ohio (May
12, 2016): The Court, having reviewed the proposed Summary Notices, the proposed FAQ, the
proposed Publication Notice, the proposed Claim Form, and the proposed plan for distributing
and disseminating each of them, finds and concludes that the proposed plan for distributing and
disseminating each of them will provide the best notice practicable under the circumstances and
satisfies all requirements of federal and state laws and due process.
SATERIALE, ET AL. v. R.J. REYNOLDS TOBACCO CO.
Case No. 2:09-cv-08394
The Honorable Christina A. Snyder, United States District Court, Central District of California (May
3, 2016): The Court finds that the Notice provided to the Settlement Class pursuant to the
Settlement Agreement and the Preliminary Approval Order has been successful, was the best
notice practicable under the circumstances and (1) constituted notice that was reasonably
calculated, under the circumstances, to apprise members of the Settlement Class of the pendency
of the Action, their right to object to the Settlement, and their right to appear at the Final Approval
Hearing; (2) was reasonable and constituted due, adequate, and sufficient notice to all persons
entitled to receive notice; and (3) met all applicable requirements of the Federal Rules of Civil
Procedure, Due Process, and the rules of the Court.
FERRERA, ET AL. v. SNYDER’S-LANCE, INC.
Case No. 0:13-cv-62496
The Honorable Joan A. Lenard, United States District Court, Southern District of Florida (February
12, 2016): The Court approves, as to form and content, the Long-Form Notice and Short- Form
Publication Notice attached to the Memorandum in Support of Motion for Preliminary Approval
of Class Action Settlement as Exhibits 1 and 2 to the Stipulation of Settlement. The Court also
approves the procedure for disseminating notice of the proposed settlement to the Settlement
Class and the Claim Form, as set forth in the Notice and Media Plan attached to the Memorandum
in Support of Motion for Preliminary Approval of Class Action Settlement as Exhibits G. The Court
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 112 of 132
finds that the notice to be given constitutes the best notice practicable under the circumstances,
and constitutes valid, due, and sufficient notice to the Settlement Class in full compliance with the
requirements of applicable law, including the Due Process Clause of the United States
Constitution.
IN RE: POOL PRODUCTS DISTRIBUTION MARKET ANTITRUST LITIGATION
MDL No. 2328/Case No. 2:12-md-02328
The Honorable Sarah S. Vance, United States District Court, Eastern District of Louisiana
(December 31, 2014): To make up for the lack of individual notice to the remainder of the class,
the parties propose a print and web-based plan for publicizing notice. The Court welcomes the
inclusion of web- based forms of communication in the plan. The Court finds that the proposed
method of notice satisfies the requirements of Rule 23(c)(2)(B) and due process. The direct
emailing of notice to those potential class members for whom Hayward and Zodiac have a valid
email address, along with publication of notice in print and on the web, is reasonably calculated
to apprise class members of the settlement. Moreover, the plan to combine notice for the Zodiac
and Hayward settlements should streamline the process and avoid confusion that might otherwise
be caused by a proliferation of notices for different settlements. Therefore, the Court approves
the proposed notice forms and the plan of notice.
SOTO, ET AL. v. THE GALLUP ORGANIZATION, INC.
Case No. 0:13-cv-61747
The Honorable Marcia G. Cooke, United States District Court, Southern District of Florida (June 16,
2015): The Court approves the form and substance of the notice of class action settlement
described in ¶ 8 of the Agreement and attached to the Agreement as Exhibits A, C and D. The
proposed form and method for notifying the Settlement Class Members of the settlement and its
terms and conditions meet the requirements of Fed. R. Civ. P. 23(c)(2)(B) and due process,
constitute the best notice practicable under the circumstances, and shall constitute due and
sufficient notice to all persons and entities entitled to the notice. The Court finds that the proposed
notice is clearly designed to advise the Settlement Class Members of their rights.
OTT v. MORTGAGE INVESTORS CORPORATION OF OHIO, INC.
Case No. 3:14-cv-00645
The Honorable Janice M. Stewart, United States District Court, District of Oregon (July 20, 2015):
The Notice Plan, in form, method, and content, fully complies with the requirements of Rule 23
and due process, constitutes the best notice practicable under the circumstances, and is due and
sufficient notice to all persons entitled thereto. The Court finds that the Notice Plan is reasonably
calculated to, under all circumstances, reasonably apprise the persons in the Settlement Class of
the pendency of this action, the terms of the Settlement Agreement, and the right to object to
the Settlement and to exclude themselves from the Settlement Class.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 113 of 132
Exhibit B
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 114 of 132
Sender Email: DoNotReply@PlaidSettlement.com
Sender Name: Settlement Administrator
Subject Line: Notice of Class Action Settlement – In re Plaid Inc. Privacy Litigation
Notice ID: [Notice ID number]
Confirmation Code: [Confirmation code number]
Notice of Class Action Settlement - In re Plaid Inc. Privacy Litigation
If you connected your financial account to a mobile or web-based app that has
used Plaid between January 1, 2013 and [ ] in the United States, you may be
eligible for a payment from a class action settlement.
This is a Court-approved Legal Notice. This is not an advertisement.
A Settlement has been proposed in class action litigation against Plaid Inc. (“Plaid”). Plaid enables
connections between a user’s financial account(s) and approximately 5,000 mobile and web-based
applications (“apps”). This class action alleges Plaid took certain improper actions in connection
with this process. The allegations include that Plaid: (1) obtained more financial data than was
needed by a user's app, and (2) obtained log-in credentials (username and password) through its
interface, known as Plaid Link, which the litigation alleges had the look and feel of the user’s own
bank account login screen, when users were actually providing their login credentials directly to
Plaid. Plaid denies these allegations and any wrongdoing and maintains that it adequately disclosed
and maintained transparency about its practices to consumers.
Who is Included? You are a Class Member, and you are affected by this Settlement, if you own or
owned one or more “Financial Accounts” between January 1, 2013 and [ ]. A “Financial Account”
is any checking, savings, loan, or other account at a financial institution (1) that Plaid accessed using
the user’s login credentials and connected to a mobile or web-based fintech application that enables
payments (including ACH payments) or other money transfers or (2) for which a user provided
financial account login credentials to Plaid through Plaid Link, and you were a United States resident
at the time.
What does the settlement provide? Under the Settlement, Plaid will pay $58 million to establish a
Settlement Fund.
After deducting any court-approved attorneys’ fees and expenses and Service Awards for the Class
Representatives, and the costs of the settlement administration, the Settlement Fund will be
distributed to Class Members on a pro rata basis. The amount of the payments to individual Class
Members will depend on the number of valid claims that are filed.
The Settlement also requires Plaid to:
•
Delete certain data from Plaid systems;
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 115 of 132
•
Inform Class Members of their ability to use Plaid Portal to manage the connections made
between their financial accounts and chosen applications using Plaid and delete data stored
in Plaid’s systems;
•
Continue to include certain disclosures and features in Plaid’s standard Link flow;
•
Enhance disclosures about Plaid’s data collection practices, how Plaid uses data, and privacy
controls Plaid has made available to uses in Plaid’s End User Privacy Policy;
•
Minimize the data that Plaid stores; and
•
Continue to host a dedicated webpage with detailed information about Plaid’s security
practices.
How do I get a payment? You must submit a valid Claim Form by [DATE]. Claim Forms may be
submitted online at www.PlaidSettlement.com or printed from the website and mailed to the address
on the Claim Form. Claim Forms are also available by calling XXX-XXX-XXXX or emailing
[EMAIL ADDRESS].
Do I have a lawyer in the case? If you are a Class Member, you have a lawyer in this case. The
Court appointed as “Class Counsel” the law firms Burns Charest LLP; Herrera Kennedy LLP; and
Lieff Cabraser Heimann & Bernstein LLP to represent the Class Members. If you want to be
represented by your own lawyer, you may hire one at your own expense.
Your other options. If you are included in the settlement and do nothing, your rights will be affected
and you won’t get a payment. If you don’t want to be legally bound by the settlement, you must
exclude yourself from it by [DATE]. Unless you exclude yourself, you won’t be able to sue or
continue to sue Plaid for any claim made in this lawsuit or released by the Settlement Agreement. If
you stay in the settlement (i.e., don’t exclude yourself), you may object to it or ask for permission
for you or your lawyer to appear and speak at the Final Approval Hearing – at your own cost – but
you don’t have to. Objections and requests to appear are due by [DATE]. More information about
these options is available at www.PlaidSettlement.com.
The Court’s hearing. The Court will hold the Final Approval Hearing at [__] on [Month] [Day],
2021 in Courtroom 4 (3rd Floor) of the United States Courthouse, 1301 Clay Street, Oakland, CA
94612. At the Final Approval Hearing, the Court will consider whether the Settlement is fair,
reasonable, and adequate. If there are objections, the Court will consider them. The Court may
listen to people who appear at the hearing and who have provided notice of their intent to appear
at the hearing. The Court may also consider Class Counsel’s application for attorneys’ fees,
expenses and for Service Awards. At or after the hearing, the Court will decide whether to approve
the Settlement and to approve Class Counsel’s application for attorneys’ fees, expenses and
Service Awards.
This notice is only a summary.
For more information visit www.PlaidSettlement.com or call XXX-XXX-XXXX.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 116 of 132
Exhibit C
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 117 of 132
Notice of Class Action
Settlement
In re Plaid Inc. Privacy
Litigation
If you connected your
financial account to a mobile
or web-based app that has
used Plaid between
January 1, 2013 and [ ] in
the United States,
you may be eligible for a
payment from a class action
settlement.
This is a Court-approved Legal Notice.
This is not an advertisement.
This notice is only a summary. It
contains information about a class
action
settlement.
More
detailed
information can be found at:
www.PlaidSettlement.com
Questions? XXX-XXX-XXXX
Forwarding Service Requested
[BARCODE]
Postal Service: Please do not mark barcode
Notice ID: XXXXXX
Confirmation Code: XXXXXX
FIRST NAME LAST NAME
ADDRESS 1
ADDRESS 2
CITY, ST ZIP
Plaid Privacy Litigation
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 118 of 132
A Settlement has been proposed in this class action litigation against Plaid Inc. (“Plaid”). Plaid enables connections between a user’s financial account and approximately
5,000 mobile and web-based applications (“apps”). This class action alleges Plaid took certain improper actions by (1) obtaining log-in credentials to user’s financial accounts
through an interface (“Plaid Link”) that allegedly had the look and feel of a bank account login screen, when in fact it was Plaid itself; and (2) obtaining more financial and
other data than was authorized or needed by a user's app. Plaid denies these allegations and any wrongdoing and maintains that it adequately disclosed and maintained
transparency about its practices.
Who is Included? You may be a Class Member, and affected by this Settlement, if you are a United States resident who connected a financial account to an app between
January 1, 2013 and [[_]]. More specifically, you are a Class Member if you own or owned one or more “Financial Accounts” between January 1, 2013 and [[_]]. “Financial
Accounts” is any checking, savings, loan, or other account at a financial institution (1) that Plaid accessed using the user’s login credentials and connected to a mobile or
web-based fintech application that enables payments (including ACH payments) or other money transfers or (2) for which a user provided financial account login credentials
to Plaid through Plaid Link. You are receiving this notice because records indicate you may be a Class Member. For additional information on how to confirm whether you
are a Class Member, please visit www.PlaidSettlement.com.
What does the settlement provide? Under the Settlement, Plaid will pay $58 million to establish a Settlement Fund. After deducting any court-approved attorneys’ fees
and expenses, Service Awards for the Class Representatives, and the costs of the settlement administration, the Settlement Fund will be distributed to Class Members on a
pro rata basis. The amount of the payments to individual Class Members will depend on the number of valid claims that are filed. The Settlement also requires Plaid to
provide other non-monetary benefits. Please visit www.PlaidSettlement.com for more information.
How do I get a payment? You must submit a valid Claim Form submitted online or postmarked by [DATE]. Claim Forms may be submitted online at
www.PlaidSettlement.com or by completing and returning a Claim Form to the Settlement Administrator. Please visit www.PlaidSettlement.com for more information.
Do I have a lawyer in the case? If you are a Class Member, you have a lawyer in this case. The Court appointed as “Class Counsel” the law firms Burns Charest LLP;
Herrera Kennedy LLP; and Lieff Cabraser Heimann & Bernstein LLP to represent the Class Members. Their contact information is available at www.PlaidSettlement.com. If
you want to be represented by your own lawyer, you may hire one at your own expense.
Your other options. If you are included in the settlement and do nothing, your rights will be affected and you won’t get a payment. If you don’t want to be legally bound by
the settlement, you must exclude yourself from it by [DATE]. Unless you exclude yourself, you won’t be able to sue or continue to sue Plaid for any claim made in this lawsuit
or released by the Settlement Agreement. If you exclude yourself, you won’t receive a payment. If you stay in the settlement (i.e., don’t exclude yourself), you may object to
it or ask for permission for you or your lawyer to appear and speak at the Final Approval Hearing – at your own cost – but you don’t have to. Objections and requests to
appear are due by [DATE]. More information about these options is available at www.PlaidSettlement.com.
The Court’s hearing. The Court will hold the Final Approval Hearing at [__] on [Month] [Day], 2021 in Courtroom 4 (3rd Floor) of the United States Courthouse, 1301 Clay
Street, Oakland, CA 94612. At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court
will consider them. The Court may listen to people who appear at the hearing and who have provided notice of their intent to appear at the hearing. The Court may also
consider Class Counsel’s application for attorneys’ fees, expenses, and Service Awards. At or after the hearing, the Court will decide whether to approve the Settlement and
to approve Class Counsel’s application for attorneys’ fees, expenses, and Service Awards. The date of the Final Approval Hearing may change without further notice, and
Class Members should check www.PlaidSettlement.com to confirm that the date has not been changed.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 119 of 132
EXHIBIT E
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 120 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
HERRERA KENNEDY LLP
Shawn M. Kennedy (SBN 218472)
skennedy@herrerakennedy.com
Bret D. Hembd (SBN 272826)
bhembd@herrerakennedy.com
4590 MacArthur Blvd., Suite 500
Newport Beach, CA 92660
Tel: (949) 936-0900
Fax: (855) 969-2050
HERRERA KENNEDY LLP
Nicomedes Sy Herrera (SBN 275332)
nherrera@herrerakennedy.com
Laura E. Seidl (SBN 269891)
lseidl@herrerakennedy.com
1300 Clay Street, Suite 600
Oakland, CA 94612
Tel: (510) 422-4700
Fax: (855) 969-2050
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
Rachel Geman (Pro Hac Vice)
rgeman@lchb.com
Rhea Ghosh (Pro Hac Vice)
rghosh@lchb.com
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Tel: (212) 355-9500
Fax: (212) 355-9592
Interim Co-Lead Class Counsel
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
Michael W. Sobol (SBN 194857)
msobol@lchb.com
Melissa Gardner (SBN 289096)
mgardner@lchb.com
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Tel: (415) 956-1000
Fax: (415) 956-1008
BURNS CHAREST LLP
Warren T. Burns (Pro Hac Vice)
wburns@burnscharest.com
900 Jackson Street, Suite 500
Dallas, TX 75202
Tel: (469) 904-4550
Fax: (469) 444-5002
BURNS CHAREST LLP
Christopher J. Cormier (Pro Hac Vice)
ccormier@burnscharest.com
4725 Wisconsin Avenue, NW, Suite 200
Washington, DC 20016
Tel: (202) 577-3977
Fax: (469) 444-5002
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
IN RE PLAID INC. PRIVACY
LITIGATION
Master Docket No.: 4:20-cv-03056-DMR
[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF
SETTLEMENT
Hon. Donna M. Ryu
Action Filed:
May 4, 2020
Trial Date:
None Set
THIS DOCUMENT RELATES TO:
ALL ACTIONS
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 121 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 1 -
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
WHEREAS, Plaintiffs James Cottle and Frederick Schoeneman filed a Complaint and
commenced the action entitled Cottle et al. v. Plaid Inc., No. 4:20-cv-03056-DMR (“Cottle Action”),
and the Court granted a stipulation to consolidate the Cottle Action with four-subsequently-filed
related actions to form the action pending before the Court and entitled In re Plaid Inc. Privacy, No.
4:20-cv-03056-DMR (N.D. Cal.) (collectively, the “Action”) (Dkt. 57);
WHEREAS, Plaintiffs Caroline Anderson, James Cottle, Rachel Curtis, David Evans, Logan
Mitchell, Alexis Mullen, Jordan Sacks, Frederick Schoeneman, Gabriel Sotelo, Jeffrey Umali, and
Nicholas Yeomelakis filed a Consolidated Amended Class Action Complaint (Dkt. 61) and
subsequently entered into an Agreement with Defendant Plaid Inc. that, if approved, would settle
the Action;
WHEREAS, Plaintiffs have moved, pursuant to Rule 23(e), for an order preliminarily
approving the settlement of this Action pursuant to the terms and conditions set forth in the Parties’
Agreement (the “Motion”); and
WHEREAS, the Court, having considered the Motion, the Agreement together with all
exhibits and attachments thereto, the record in the Action, the parties’ briefs, and arguments of
counsel,
NOW THEREFORE, THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS:
1. Settlement Terms. Unless otherwise defined herein, all capitalized terms herein shall
have the same definitions as set forth in the Class Action Settlement Agreement (“Agreement” or
“Settlement Agreement”) between Defendant Plaid Inc. (“Plaid”) and Plaintiffs Caroline Anderson,
James Cottle, Rachel Curtis, David Evans, Logan Mitchell, Alexis Mullen, Jordan Sacks, Frederick
Schoeneman, Gabriel Sotelo, Jeffrey Umali, and Nicholas Yeomelakis (“Plaintiffs”) (collectively,
the “Parties”).
2. Jurisdiction. This Court has jurisdiction over the subject matter of the Action and all
parties to the Action, including members of the Class.
3. Preliminary Approval of Proposed Settlement Agreement. The Court finds that,
subject to further consideration at the Final Approval Hearing, the Parties’ proposed Settlement
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 122 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 2 -
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
Agreement is fair, reasonable, adequate, and within the range of possible final approval considering
the possible damages at issue and defenses to overcome. The Court also finds that the Settlement
Agreement: (a) is the result of extensive, serious, informed, non-collusive, and arm’s length
negotiations involving experienced counsel familiar with the legal and factual issues of this case and
made with the assistance of the mediation services of Hon. Jay Gandhi (Ret.); (b) meets all applicable
requirements of law, including Rule 23(e) of the Federal Rules of Civil Procedure and the Class
Action Fairness Act (“CAFA”), 28 U.S.C. §1715; (c) is likely to be certified as a class for settlement
purposes pursuant to Rule 23 of the Federal Rules of Civil Procedure; and (d), has no obvious
deficiencies. Therefore, the Court grants preliminary approval of the Settlement Agreement,
including the terms and conditions for settlement and dismissal as set forth therein.
4. Settlement Class. The Class consists of all natural persons in the United States and
who own or owned one or more Financial Accounts that: (1) Plaid accessed using the user’s login
credentials and connected to a mobile or web-based fintech application that enables payments
(including ACH payments) or other money transfers; or (2) for which a user provided financial
account login credentials to Plaid through Plaid Link, at the time such persons resided in the United
States from January 1, 2013 through the date of this Order granting preliminary approval of the
Settlement. Notwithstanding the foregoing, a Financial Account does not include an account
that was connected, or for which credentials were provided, exclusively through an OAuth Process
or Managed OAuth Process.
5. The following entities and individuals are not Class Members: (a) Plaid and any and
all of its predecessors, successors, assigns, parents, subsidiaries, affiliates, directors, officers,
employees, agents, representatives, and attorneys, and any and all of the parents’, subsidiaries’, and
affiliates’ present and former predecessors, successors, assigns, directors, officers, employees,
agents, representatives, and attorneys; (b) any judicial officer presiding over the Action, or any
member of his or her immediate family or of his or her judicial staff; and (c) any Excluded Class
Member.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 123 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
6. Class Representatives. The Court appoints Plaintiffs Caroline Anderson, James
Cottle, Rachel Curtis, David Evans, Logan Mitchell, Alexis Mullen, Jordan Sacks, Frederick
Schoeneman, Gabriel Sotelo, Jeffrey Umali, and Nicholas Yeomelakis as Class Representatives.
7. Class Counsel. The Court appoints Christopher Cormier, Burns Charest LLP; Shawn
Kennedy, Herrera Kennedy LLP, and Rachel Geman, Lieff, Cabraser, Heimann & Bernstein, LLP as
Class Counsel.
8. Settlement Administrator. The Court hereby approves Angeion Group, LLC to act
as Settlement Administrator. Angeion Group, LLC shall be required to perform all the duties of the
Settlement Administrator as set forth in the Agreement and this Order.
9. Qualified Settlement Fund. Angeion Group, LLC is authorized to establish the
Settlement Fund under 26 C.F.R. §§ 1.468B-1 for federal tax purposes. The Settlement Fund shall
be a court-approved Qualified Settlement Fund (“QSF”) for federal tax purposes pursuant to Treas.
Reg. § 1.468B-1. Plaid shall be the “transferor” to the QSF within the meaning of Section 1.468B-
1(d)(1) of the Treasury Regulations with respect to the Settlement Fund. The Settlement
Administrator shall be the “administrator” of the QSF within the meaning of Section 1.468B-2(k)(3)
of the Treasury Regulations, responsible for causing the filing of all tax returns required to be filed
by or with respect to the QSF, paying from the QSF any taxes owed by or with respect to the QSF,
and complying with any applicable information reporting or tax withholding requirements imposed
by Section 1.468B-2(l)(2) of the Treasury Regulations or any other applicable law on or with respect
to the QSF. Plaid shall provide to the Settlement Administrator any documentation required for the
Settlement Administrator to facilitate obtaining QSF status for the Settlement Fund pursuant to
Treas. Reg. §1.468B-l. All taxes on income or interest generated by the Settlement Fund, if any,
shall be paid out of the Settlement Fund.
10. Class Notice. The Court finds that the content, format, and method of disseminating
notice as set forth in the Settlement Agreement and documents in support of Plaintiffs’ Motion is
appropriate notice. The Court approves, as to form and content, the Notice of Class Action
Settlement attached to the Settlement Agreement, the Notice Plan, the Settlement Website, and the
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 124 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 4 -
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
forms of notice submitted with Plaintiffs’ Motion. The Court finds that dissemination of the class
notice, as proposed in the Settlement Agreement and in the Notice Plan, meets the requirements of
Rule 23 and due process, and further constitutes the best notice practicable under the circumstances.
Accordingly, the Court hereby approves such notice and directs that such notice be disseminated in
the manner set forth in the proposed Settlement Agreement under Rule 23.
11. Objection and Exclusion Deadline. Class Members who wish either to object to the
Settlement or to exclude themselves from the Settlement must do so by the Objection and Exclusion
Deadline of ____________, 2021 both of which are thirty-five (35) days after the Notice Date.
12. Exclusion from Settlement Class. To submit a request for exclusion, Class Members
must follow the directions in the Notice, send a compliant request to the Class Administrator at the
address designated in the Class notice, and be post-marked by the Exclusion Deadline. To be valid,
the request for exclusion must: (a) be in writing and mailed; (b) contain the name and case number
of this Action, In re Plaid Inc. Privacy Litigation, No. 4:20-cv-03056); (c) contain the full name,
mailing address, and email address or telephone number of the Class member; (d) contain the words
“Notification of Exclusion” or a statement that the Class member wishes to be excluded from the
Settlement; and (e) contain the handwritten or electronically imaged written (e.g., “DocuSign”)
signature of the Class member. An attorney’s signature or a typed signature will not satisfy this
requirement. Further, no request for exclusion may be made on behalf of a group of Class Members.
13. All Class Members who submit a timely, valid request for exclusion will be excluded
from the Class and will not be bound by the terms of the Settlement Agreement or any determinations
or judgments concerning the Settlement Agreement. All Class Members who do not submit a valid
request for exclusion by _______________, 2021 in accordance with the terms set forth in the
Agreement and Notice will be bound by all determinations and judgments concerning the
Agreement.
14. Objections to the Settlement. Any Class member who is not an Excluded Class
Member may object to the settlement. Class Members who wish to object to the settlement must
make a written statement objecting to the Settlement. Such written statement must be filed at any
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 125 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 5 -
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
location of the United States District Court for the Northern District of California; mailed to the
Clerk of Court, United States District Court for the Northern District of California, 1301 Clay Street,
Oakland, CA 94612; or sent to the Settlement Administrator at the address specified in the Notice
of Class Action Settlement no later than the Objection/Exclusion Deadline set by this Order.
15. Any objection must: (a) be in writing; (b) contain the name and case number of this
Action, In re Plaid Inc. Privacy Litigation, No. 4:20-cv-03056); (c) the objector’s full name and
mailing address, email address, or telephone number, and personal signature; (d) the objector’s basis
for believing they are a Class member; (e) a statement whether the objector intends to appear at the
Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying
counsel by name, address, and phone number; and (f) a clear and concise statement of the grounds
for their objection.
16. The date of the postmark on the envelope containing the written statement objecting
to the settlement shall be the exclusive means used to determine whether an objection and/or
intention to appear has been timely submitted. In the event a postmark is illegible, the date of mailing
shall be deemed to be three (3) days prior to the date the Settlement Administrator received the
written statement.
17. Class Members who fail to file and serve timely written objections in the manner
specified herein and the Notice Plan shall be deemed to have waived any objections and shall be
forever barred from making any objection to the Agreement and the proposed settlement by
appearing at the Final Approval Hearing, appeal, collateral attack, or otherwise.
18. Objecting Class Members may appear at the Final Approval Hearing and be heard.
If an objecting Class member chooses to appear at the Final Approval Hearing, a notice of intention
to appear should be filed with the Court or postmarked no later than the Objection Deadline.
19. All members of the Class, except those who submit timely requests for exclusion will
be bound by all determinations and judgments in this Action; whether favorable or unfavorable to
the Class.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 126 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 6 -
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
20. Submission of Claims. To participate in the Settlement, Class Members must follow
the directions in the Settlement Agreement, Notice, and submit an Approved Claim with the Claims
Administrator by the Claims Deadline of ___________, which is ninety (90) days after the
settlement Notice Date. Class Members who do not submit a claim and those who do not submit
Approved Claims will not receive a cash award, but they will be bound by the Settlement.
21. The Settlement Administrator shall review all claims to determine their validity and
shall employ reasonable procedures to screen claims for abuse and fraud. The Settlement
Administrator may reject any claim that is not submitted by a Class member; is a duplicate of another
claim; is reasonably suspected to be fraudulent; or is submitted after the Claims Deadline. The
Settlement Administrator shall determine whether a Claim Form submitted by a Class member is an
Approved Claim and shall reject Claim Forms that fail to comply in any material respect with the
instructions in the Notice Plan or the terms of the Agreement.
22. Schedule of Future Events. The Court adopts the Plaintiffs proposed schedule of
future events as set forth below:
Event
Date
Deadline to substantially complete notice
pursuant to Notice Plan (“Notice Date”)
70 days after entry of the Court’s
Preliminary Approval Order
Deadline for Class Counsel’s motions for
final approval and for attorneys’ fees,
costs, and service awards.
35 days before Objection/Exclusion
Deadline
Objection / Exclusion Deadline
35 days after Notice Date
Deadline for Parties to file a written
response to any comment or objection
filed by a class member
50 days after Notice Date
Claims Deadline
90 days after Notice Date
Final Approval Hearing
Not less than 160 days after entry of the
Preliminary Approval Order, or as soon
thereafter as is convenient for the Court
23. Final Approval Hearing. A Final Approval Hearing is scheduled for
______________, 2021 at _______ for the Court to determine whether the proposed settlement of
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 127 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 7 -
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
the Action, pursuant to the terms and conditions provided in the Settlement Agreement, is fair,
reasonable, and adequate to the Class and should be finally approved by the Court; whether to certify
the settlement Class under Fed. R. Civ. P. 23; whether a Judgment should be entered; to determine
any amount of fees, costs, and expenses that should be awarded to Class Counsel; and to determine
the amount of any Service Award to Plaintiffs. The Court reserves the right to adjourn the date of
the Final Approval Hearing without further notice to the Class Members, and the Court retains
jurisdiction to consider all further applications arising out of or connected with the proposed
Settlement. The Court may approve the Settlement with such modifications as may be agreed to by
the settling parties, if appropriate, without further notice to the Class.
24. Stay of Proceedings. On June 16, 2021, the parties filed a stipulation to stay all non-
settlement proceedings in the Action, pending finalization and execution of a long form settlement
agreement, which was granted on June 17, 2021. (Dkt. 132, 133) All proceedings in this Action are
stayed until further ordered by this Court, except as may be necessary to implement the Settlement
or comply with the terms of the Settlement Agreement. Pending final determination of whether the
proposed Settlement should be approved, neither Plaintiffs nor any Class member, directly or
indirectly, representatively, or in any other capacity, shall commence or prosecute against Plaid any
action, or proceeding in any court or tribunal asserting any of the Plaintiffs’ Released Claims.
25. If the Settlement is not approved or consummated for any reason whatsoever, the
Settlement and all proceedings in connection with the Settlement will be without prejudice to the
right of Plaid or the Class Representatives to assert any right or position that could have been
asserted if the Agreement had never been reached or proposed to the Court, except insofar as the
Agreement expressly provides to the contrary. In such an event, the certification of the Class will
be deemed vacated.
26. No Admission of Liability. By entering this Order, the Court does not make any
determination as to the merits of this case. Preliminary approval of the Settlement Agreement is not
a finding of admission or liability by Plaid. Furthermore, the Agreement and any and all negotiations,
documents, and discussions associated with it will not be deemed or constructed to be an admission
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 128 of 132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 8 -
MASTER DOCKET NO. 4:20-CV-03056-DMR
ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT
or evidence of any violation of any statute, law, rule, regulation, or principle of common law or
equity, or of any liability or wrongdoing by Plaid or any Class member, or the truth of any of the
claims in this Action.
27. Retention of Jurisdiction. The Court retains jurisdiction over the Action to consider
all further matters arising out of, or connected to, the Settlement Agreement and the settlement
process as described herein and/or permitted under applicable law.
28. The Court may approve the Settlement with such modifications as may be agreed by
the Parties and approved by the Court, if appropriate, without further notice to the class.
IT IS SO ORDERED.
Dated: _________________, 2021
____________________________________
Hon. Donna M. Ryu
UNITED STATES MAGISTRATE JUDGE
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 129 of 132
EXHIBIT B
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 130 of 132
Selected Relevant Settlements and Distributions (Reverse Chronological)
1
Case
Nature of Claims /
Alleged Conduct
Class size and
method(s) of notice
Class recovery
and relief
Fees, costs, and cy
pres distributions
Campbell, et al. v.
Facebook, 13-cv-
05996-PJH (N.D.
Cal.)
Final approval granted
August 18, 2017;
Affirmed on appeal
via Case No. No. 17-
16873 (9th Cir.)
March 3, 2020.
Invasion of privacy
and unlawful use
personal data.
Class size: 190 million
Notice: Published on Class
Counsel’s public websites.
The settlement provided for
confirmation of changes to
Facebook’s business practices and
implementation of changes to
Facebook’s disclosures and Help
Center materials regarding its
scanning practices resulting in
benefit to the certified litigation
class of Facebook users who
alleged that Facebook violated the
Wiretap Act, and other laws, by
intercepting the contents of
messages that were sent over a
Facebook messaging service.
$3,236,304.69
attorneys’ fees;
$653,695.31 for
reimbursement of
expenses.
Matera et al. v.
Google LLC, No.
5:15-cv-04062 (N.D.
Cal.)
Final approval granted
February 9, 2018.
Data privacy.
Class size: 10 million
Notice: Publication
Three-year injunction barring
Google from processing email
content from non-Gmail users for
advertising purposes.
$2.2 million
attorneys’ fees;
$51,421.93 for
expenses; and
administrative costs
of $123,500.
Ebarle et al. v.
LifeLock Inc., No.
3:15-cv-00258 (N.D.
Cal.)
Final approval granted
September 20, 2016.
Data breach and
failure to protect
subscribers’ personal
information.
Class size: Nationwide.
Class was estimated 6.8
million.
A subclass based on time
period was estimated to 3.4
million.
$68 million settlement fund.
Approximately $20 for Settlement
Class Members who make claims.
$16 for Settlement Subclass
Members who do not make claims,
and $36 for Settlement Subclass
Members who make claims pro
rata.
$10.2 million
attorneys’ fees.
$2,000 service award
for each named
plaintiff.
$2.6 million in
settlement notice and
administrative costs.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 131 of 132
Selected Relevant Settlements and Distributions (Reverse Chronological)
2
Case
Nature of Claims /
Alleged Conduct
Class size and
method(s) of notice
Class recovery
and relief
Fees, costs, and cy
pres distributions
Notice: Direct, individual
notice via email or mail
(utilizing Defendant’s internal
records); Settlement website;
publication in a 1/8th page
advertisement in USA Today
Defendant made changes to its
advertisements and practices,
consisting of technical
improvements, and providing alerts
during unplanned system outages.
Over the course of
two distribution
rounds, class
members received
monetary relief
totaling
approximately the
amount each paid for
one month of
enrollment in
Defendant’s services.
Perkins, et al. v.
LinkedIn Corp., No.
13-cv-04303 (N.D.
Cal.)
Final approval granted
February 16, 2016.
Unauthorized use of
consumer names and
likeness in spam /
unsolicited
advertisements.
Class size: 20.8 million class
members
Notice: E-mail notice
program and a dedicated
settlement website.
$13 million settlement fund.
Changes to LinkedIn’s business
practices to improve user control
over invitation e-mails and changes
to LinkedIn’s disclosures.
Class members’ submission of
441,161 valid claims resulted in
pro rata compensation of $20.43
payments to each claiming class
member.
$3.25 million
attorneys’ fees and
expenses;
$716,750
administrative costs;
$1,041,996 in funds
from uncashed checks
distributed in equal
parts to Access Now,
Electronic Privacy
Information Center,
and Network for
Teaching
Entrepreneurship as
cy pres recipients.
Case 4:20-cv-03056-DMR Document 135-3 Filed 08/05/21 Page 132 of 132File and source
- File
- gov.uscourts.cand.359040.135.3.pdf
- Size
- 2,613,450 bytes
- SHA-256
- bff53c14b25b92b7c6219ca7cfa4e6273b8fe2f1a61a261e906c98e0e9647da6
- Original
- PACER (login required)