Frequently Asked Questions (FAQs)
- What is this lawsuit about?
- What is a Class Action?
- Why is there a Settlement?
- What are the critical deadlines?
- How do I know if I am part of the Settlement?
- Are there exceptions to being included in the Settlement?
- What does the Settlement provide?
- Tell me about the Credit Monitoring Services and Compensation?
- Tell me about the cash option?
- How do I get a Settlement Benefit?
- When will I get my Settlement Benefit?
- What am I giving up to get a settlement benefit or stay in the Settlement?
- What are the Released Claims?
- How do I get out of the Settlement?
- If I exclude myself, can I still get a benefit from the Settlement?
- If I do not exclude myself, can I sue the Defendant for the same thing later?
- Do I have a lawyer in this case?
- How will Class Counsel be paid?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting to and excluding myself from the Settlement?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the Final Fairness Hearing?
- May I speak at the Final Fairness Hearing?
- What happens if I do nothing?
- How do I get more information?
- What is this lawsuit about?
Plaintiffs allege that, due to a code vulnerability, LendingTree disclosed personal information, including unencrypted and unredacted full names, Social Security numbers, dates of birth, and addresses (“Private Information”) of consumers, to an unauthorized third party in February 2022.
LendingTree has denied and continues to deny all of the claims made in the Action, as well as all charges of wrongdoing or liability against them.
Top - What is a Class Action?
In a class action, one or more people called Class Representatives (in this case, Christopher Lamie and Amabel Lin) sue on behalf of people who have similar claims. Together, all these people are called a Class or Class Members. One Court resolves the issues for all Class Members, except for those who exclude themselves from the Settlement Class.
Top - Why is there a Settlement?
The Court did not decide in favor of the Plaintiffs or LendingTree. Instead, the Plaintiffs negotiated a settlement with LendingTree that allows both sides to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to be compensated without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members.
Top - What are the critical deadlines?
The deadline for sending a Claim Form to the Claims Administrator is January 23, 2024.
The deadline for sending a letter to exclude yourself from or opt out of the settlement is December 26, 2023.
The deadline to file an objection with the Court is also December 26, 2023.
Top - How do I know if I am part of the Settlement?
You are part of this Settlement as a Settlement Class Member if your Private Information was compromised or potentially compromised in the Data Security Incident.
Top - Are there exceptions to being included in the Settlement?
Yes. Excluded from the Settlement are: (1) the judge presiding over this Action, and members of their direct families; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest and their current or former officers, directors, and employees; and (3) Settlement Class Members who submit a valid Request for Exclusion before the Opt-Out Deadline.
Top - What does the Settlement provide?
The Settlement provides Settlement Class Members with their choice of (1) three years of credit monitoring services, compensation for unreimbursed economic losses, and compensation for lost time, or (2) a cash payment.
LendingTree has agreed to pay a total of $875,000 into a Settlement Fund. After deducting the costs of notice and settlement administration, Court-approved attorneys’ fees, costs and expenses, and Class Representative service awards, the net Settlement Fund will be used to pay Settlement Class Members who submit a valid Claim Form.
Top - Tell me about the Credit Monitoring Services and Compensation?
Each Settlement Class Member who submits a valid Claim Form and opts to receive credit monitoring services will receive a three-year subscription to Equifax provided by Pango (“Credit Monitoring Services”). The Equifax subscription will include (1) daily one-bureau credit monitoring, (2) identity restoration services, and (3) $1,000,000 in identity theft insurance.
In addition to Credit Monitoring Services, Settlement Class Members are eligible to receive compensation for unreimbursed economic losses and for lost time.
- Unreimbursed Economic Losses are out-of-pocket costs related to fraud and identity theft, the purchase of identity protection services, credit monitoring services, or ID theft insurance that are fairly traceable to the Data Breach and have not already been reimbursed by a third party. Settlement Class Members who submit a valid Claim Form with documentation, such as receipts, showing unreimbursed economic losses may receive up to $10,000.
Lost Time is time spent remedying issues related to the Data Security Incident. Settlement Class Members who submit a valid Claim Form are eligible to receive up to 10 hours of lost time, at $25.00/hour (up to $250).
Top - Tell me about the cash option?
Each Settlement Class Member who submits a valid Claim Form and selects the cash option will receive an estimated $100 payment from the Settlement Fund. This cash option, also called an “Alternative Cash Payment,” may be selected instead of the credit monitoring and compensation described above. The amount of the Alternative Cash Payments will be increased or decreased on a pro rata basis depending upon the number of valid claims filed and the amount of funds available for these payments. This means that Settlement Class Members who select this option may receive more or less than the estimated $100.
Top - How do I get a Settlement Benefit?
To qualify for a settlement benefit, you must complete and submit a Claim Form by January 23, 2024. Claim Forms were sent via US Mail and are available to be filed online at this website by clicking here. Please login to the site using the Login ID and PIN found in your notice. If you are unable to locate this information, please email to [email protected]
Top - When will I get my Settlement Benefit?
The Court will hold a Final Fairness Hearing at 2:00 p.m. on January 25, 2024, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time, perhaps more than a year.
Top - What am I giving up to get a settlement benefit or stay in the Settlement?
Unless you exclude yourself from the Settlement, you will release certain legal claims as they relate to the Settlement. This means that you will no longer be able to sue, continue to sue, or be part of any other lawsuit against LendingTree and the Released Parties about the claims made in this Action and released by the Settlement Agreement. You will be legally bound by all of the Court’s orders, as well as the “Released Claims”. Released Claims can be heard in FAQ 13
Top - What are the Released Claims?
“Released Claims” mean any and all claims that either have been asserted or could have been asserted by any Settlement Class Member against any of the Released Parties (LendingTree and each of its present and former parents, subsidiaries, divisions, affiliates, predecessors, successors, and assigns, Board of Trustees, and the present and former directors, officers, employees, agents, insurers, shareholders, attorneys, advisors, consultants, representatives, partners, joint venturers, independent contractors, wholesalers, resellers, distributors, retailers, and the predecessors, successors, and assigns of each of them as well as covered entities associated with the alleged Data Security Incident) from all liabilities, rights, claims, actions, causes of action, demands, damages, penalties, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to any release of Private Information from the Data Security Incident, and conduct that was alleged or could have been alleged in the Litigation, including, without limitation, any claims, actions, causes of action, demands, damages, penalties, losses, or remedies relating to, based upon, resulting from, or arising out of the potential unauthorized disclosure of Private Information from the Data Security Incident.
Top - How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Lamie et al. v. LendingTree, LLC, No. 3:22-cv-00307 (W.D.N.C.). Your letter must also include your full name, current address, signature, and a statement such as “Request for Exclusion” indicating you do not wish to participate in the Settlement or you want to opt-out of the Settlement. You must mail your exclusion request, postmarked no later than December 26, 2023, to:
Lamie et al. v. LendingTree, LLC Settlement Administrator
P.O. Box 301132
Los Angeles, CA 90030-1132
Top - If I exclude myself, can I still get a benefit from the Settlement?
No. If you exclude yourself from the Settlement, do not send in a Claim Form to ask for a settlement benefit because you will no longer be eligible for one.
Top - If I do not exclude myself, can I sue the Defendant for the same thing later?
No. If you stay in the Settlement by either doing nothing or by not exclude yourself from the Settlement, you give up any right to separately sue the Defendant for the claims released by the Settlement Agreement.
Top - Do I have a lawyer in this case?
Yes. The Court appointed Raina Borrelli of Turke & Strauss LLP and David Lietz of Milberg Coleman Bryson Phillips Grossman, PLLC to represent you and other Settlement Class Members. These lawyers are called Class Counsel. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will Class Counsel be paid?
If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees in the amount of $291,666.67 plus litigation expenses, as well as $3,000 Service Awards to each of the Class Representatives. If approved, these amounts, as well as the costs of notice and settlement administration, will be deducted from the Settlement Fund before making payments to Settlement Class Members who submit a valid Claim Form.
Top - How do I tell the Court that I do not like the Settlement?
If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file a written objection with the Court by December 26, 2023.
Your objection must include:
1) the name of the case (Lamie et al. v. LendingTree, LLC, No. 3:22-cv-00307 (W.D. N.C.));
2) your full name, current address, and telephone number;
3) the reasons why you object to the Settlement, including any documents supporting your objection and a description of whether the objection applies only to yourself, a subset of the Settlement Class, or the entire Settlement Class;
4) the name and address of your attorney if you have retained one as well as a description of the attorney’s background and prior experience, the amount of anticipated fees and method of calculation, the attorney’s hourly rate, and the number of hours spent working;
5) a statement indicating whether you or your attorney intend to appear at the Final Fairness Hearing;
6) a description and/or copies of evidence that may be introduced at the Final Fairness Hearing;
7) a list of proceedings in which you have submitted an objection during the past five years; and
8) your signature or the signature of your attorney.
Your objection must be mailed to the Clerk of the United States District Court for the Western District of North Carolina, United States Courthouse, Charles R. Jonas Federal Building, 401 West Trade Street, Room 1200, Charlotte, North Carolina 28202 by December 26, 2023.
Top - What is the difference between objecting to and excluding myself from the Settlement?
Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or file a claim because the Settlement no longer applies to you.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Fairness Hearing at 2:00 p.m. on January 25, 2024, at the United States Courthouse, Charles R. Jonas Federal Building, 401 West Trade Street, Charlotte, North Carolina 28202. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly-filed written objections and may also listen to people who have asked to speak at the hearing. The Court will also decide whether to approve payments of fees, expenses, and service awards. Please listen to FAQ 19 for more information regarding objections and requests to speak at the hearing.
Top - Do I have to come to the Final Fairness Hearing?
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.
Top - May I speak at the Final Fairness Hearing?
Yes, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must follow the instructions provided in FAQ #19 or found in the Notice. You cannot speak at the hearing if you exclude yourself from the Settlement.
Top - What happens if I do nothing?
If you do nothing, you will not receive any benefits from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant or the Released Parties about the issues resolved by this Settlement and released by the Settlement Agreement.
Top - How do I get more information?
More details are in the Settlement Agreement, which is available here. You may also write to Lamie et al. v. LendingTree, LLC Settlement Administrator, P.O. Box 301132, Los Angeles, CA 90030-1132.
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