Objection Letter dated 1/25/22 from Joseph P.… — Plaid Privacy (Dkt. 155)

Summary

An objection letter filed January 26, 2022 as Doc. 155 in Cottle v Plaid, Inc., Case No. 20-cv-03056-DMR, in the U.S. District Court for the Northern District of California. The letter, dated January 25, 2022 on California Judicial Investigations letterhead and addressed to Magistrate Judge Donna M. Ryu, objects to the settlement until concerns are addressed. It states that the email notice lacks a link to the claims form, that the claim form showed an error when valid bank details were entered, and that the form offers only PayPal, Venmo or Direct Deposit as payment options. It asks the court to suspend final settlement. Attached is a January 12, 2022 notice email stating that Plaid will pay $58 million to establish a Settlement Fund.

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Case 4:20-cv-03056-DMR Document 155 Filed 01/26/22 Page 1of/7

CALIFORNIA JUDICIAL INVESTIGATIONS
BSIS LIC No. 24115

1968 S. Coast Hwy, No. 755 Website: www.calji.com
Laguna Beach, CA 92651 Email: admin@calji.com

Phone: (415) 829-9060
Fax: (415) 500-4060

FILED
January 25, 2022 Jan 26 2022
Mark B. Busby
Via U.S. Mail and Electronic Mail dmrcrd@cand.uscourts.gov CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
: OAKLAND
Honorable Magistrate Judge Donna M. Ryu

United States District Court

Northern District of California

Oakland Courthouse, Courtroom 4 — 3rd Floor
1301 Clay Street, Oakland, CA 94612

RE: Cottle v Plaid, Inc.
Case No. 20-cv-03056-DMR

Dear Honorable Magistrate Judge Donna M. Ryu,

It is my understanding that a settlement has been reached in the above-reference matter.
Please accept this as a formal objection to the settlement until the following has been
addressed by this court.

The Plaintiffs counsel apparently subcontracted notice of settlement to a company operating
out of Pennsylvania. On or about January 12, 2022, an email was sent out to class members.
In part, the email provided limited information about the claim and how to obtain a payment.

First, the notice lacks any specific link that takes the claimant to a claims form. It requires that
the party cut/paste text from the email and open a new page to reach the claim form. It is my
belief that this is designed purposely to limit the number of claims that are filed. If the goal was
to promote a response, a link to submit a claim would have been included.

Second, the claim form itself is defective and does not work. Once | reached the correct website
and clicked on SUBMIT A CLAIM, | entered valid bank details. | was repeatedly presented with
an “error” code which stated the account information | provided was invalid - when in fact the
information is valid. That said, myself and others similarly situated would typically give up and
close the window — forgoing any payment due.

Third, and most importantly, the website claim form denies equal access of settlement funds to
all class members. Specifically, the online claim form offers only three methods to be paid.
The claimant must select only ONE of the following options: PayPal, Venmo or Direct Deposit
to a bank account. This places a condition to be paid — the claimant must have an account with
a financial institution, or they cannot get paid. This denies payment to those without a bank
account (i.e. homeless, indigent, those who can’t quality for a bank account, etc). The

“Balancing the Scales of Justice.”
Case 4:20-cv-03056-DMR Document 155 Filed 01/26/22 Page 2 of 7

January 25, 2022 California Judicial Investigations Page 2 of 2

convenience to the claims administrator of paying all claims electronically must take a back seat
to ensuring that all payments reach their intended class members.

For these reasons, | respectfully request this court to suspend final settlement of this case until
the Plaintiff can provide proof to the court that these concerns have been addressed.

Thank you for your consideration.

oseph P. Soldis
Investigator PI24115
1/25/22, 3:08 PM Case 4:20-cv-O030%6ebWIR Ndibe olttasattibb Settiénked- Ol¢PG/2ic. Hage igaibr/

Notice of Class Action Settlement — In re Plaid Inc. Privacy Litigation

From: Settlement Administrator (donotreply@plaidsettlement.com)

Date: Wednesday, January 12, 2022, 02:41 AM PST

Notice ID: PLD1010341268
Confirmation Code: 798D68C581

Notice of Class Action Settlement - In re Plaid Inc. Privacy Litigation

If you connected your financial account(s) to a mobile or web-based app that
has used Plaid between January 1, 2013 and November 19, 2021 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 November 19, 2021,
and you were a United States resident at the time. 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.

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 who submit valid claims, 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:

e Delete certain data from Plaid systems;
e 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

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1/25/22, 3:09 PM

Case 4:20-cv-030%6eDMR Nooo me AttibDSettidrited 01d PEIWDac. Frage ifgatbn/

stored in Plaid’s systems;

e Continue to include certain disclosures and features in Plaid’s standard Link flow;

e 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;

e Minimize the data that Plaid stores; and

e Continue to host a dedicated webpage with detailed information about Plaid’s security
practices.

How do | get a payment? You must submit a valid Claim Form online or postmarked by April 28,
2022. 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
855-645-1115 or emailing Questions @ PlaidSettlement.com.

Do | 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 March 4, 2022. 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 March 4, 2022.
More information about these options is available at www.PlaidSettlement.com.

The Court’s hearing. The Court will hold the Final Approval Hearing at 1 p.m. on May 12, 2022
in Courtroom 4 (8rd 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 855-645-1115.

Unsubscribe

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Case 4:20-cv-03056-DMR Document 155 Filed 01/26/22 Page 6 of 7

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HOME IMPORTANT DOCUMENTS SEARCH FOR APP/SERVICE FAQS CONTACT US

Your claim must be submitted online by April 28, 2022. You may only submit one Claim Form. If you have any questions, please contact
the Settlement Administrator by email at Questions@PlaidSettlement.com 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,

First Name * Last Name *

Street Address *

City * State * Zip Code *
Email Address *Required Confirm Email Address *
* Required Fields
II. PAYMENT SELECTION
Please select one of the following payment options:
Payment Options
OPRECT
PB PayPal venimo DEPOSIT
No bank account required O No bank account required © Birect to your bank account O

USE PAYPAL USE VENMO USE DIRECT DEPOSIT

III. ATTESTATION UNDER PENALTY OF PERJURY

By signing below and submitting this Claim Form, | hereby swear under penalty of perjury that the information provided in this Claim Form is
Case 4:20-cv-03056-DMR Document 155 Filed 01/26/22 Page 7 of 7

Direct Deposit

Payment Information
Please provide information about the bank account we should send your payment to:

Account number —

Please enter a valid account number
Re-enter account number

eed

Account number does nat match

@) Checking C) Savings

By clicking "Next" below, you authorize us to send payment to the bank account you
listed above

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