Emmanuel Llamas v. TrueFire, LLC and TrueFire, Inc.

No. 8:20-cv-00857-WFJ-CPT

United States District Court for the Middle District of Florida

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why was the Notice issued and why should I read it?

    The Court has authorized the posting of the Notice to inform you of the proposed Settlement and the Final Approval Hearing to be held by the Court to consider, among other things, (a) whether the Settlement is fair, reasonable and adequate and should be approved; and (b) Class Counsel’s request for Class Counsel Fees and Expenses. This Notice explains the nature of the lawsuit, the general terms of the proposed Settlement (including the benefits available), and your legal rights and obligations. This Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses asserted in the Action.

  3. What is this lawsuit about?

    The Honorable Judge William F. Jung of the United States District Court for the Middle District of Florida is overseeing this action, which is known as Emmanuel Llamas v. TrueFire, LLC and TrueFire, Inc., Case No. 8:20-cv-00857-WFJ-CPT (the “Action”). The individual who filed the lawsuit is called the “Plaintiff.” TrueFire, LLC and TrueFire, Inc. (collectively, “TrueFire”) is the “Defendant.”

    Plaintiff in this matter claims that on or about March 9, 2020, TrueFire disclosed that it was the victim of a data skimming attack that resulted in the disclosure of payment card information belonging to individuals who made purchases on the TrueFire website during that time period between August 3, 2019 and January 14, 2020 (the “Data Breach”).

    TrueFire began notifying potentially impacted individuals of the Data Breach on or around February 13, 2020.

    Plaintiff claims that TrueFire did not adequately protect his personal information, and that he was injured as a result of the Data Breach. TrueFire denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated.

  4. Why is this a class action?

    In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. The Plaintiff (the class representative here), together with the people they represent, are called Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those people who timely exclude themselves from the Settlement Class. In this case, the Class Representative is Emmanuel Llamas.

  5. Why is there a Settlement?

    The Court has not decided in favor of the Plaintiff or TrueFire. Instead, both sides agreed to a settlement. Settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to members of the Settlement Class. The Class Representatives and attorneys for the Settlement Class (“Settlement Class Counsel”) believe the Settlement is in the best interests of the Settlement Class Members.

  6. WHO IS IN THE SETTLEMENT

  7. How do I know if I am part of the Settlement?

    You are included in the Settlement Class if you are a member of one of the following classes of individuals:

    All persons residing in the United States whose personally identifiable information was compromised as a result of the Data Breach first announced by TrueFire on February 13, 2020.

    or

    All persons residing in California whose personally identifiable information was compromised in the Data Breach first announced by TrueFire on February 13, 2020, “California Sub-Class”.

  8. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Class, or have any other questions about the Settlement, call the toll-free number, 1-844-996-1466. You also may write with questions to:

    True Fire Data Breach Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103

  9. THE SETTLEMENT BENEFITS

  10. What benefits does the Settlement provide?

    TrueFire will provide Settlement Class Members the following benefits if elected under the Settlement:

    1. TrueFire All Access for a period of nine (9) months at no fee;
    2. Reimbursement for time spent remediating payment card issues related to the Data Breach for an amount of $20.00 per hour up to $60.00 per Settlement Class Member which are: (a) related to the Data Brach; (b) supported by required documentation; and (c) that meet all requirements set forth in the Reimbursement Form and the Settlement Agreement;
    3. and Payment of $50.00 to each California Sub-Class Member who makes a claim.

    Complete details regarding the settlement benefits are available in the Settlement Agreement.

  11. Tell me more about how to enroll in TrueFire All Access.

    All Settlement Class Members who are existing TrueFire All Access subscribers may elect to have their current subscriptions extended by a period of nine (9) months. The remaining Settlement Class Members who do not submit a timely request for exclusion from the Settlement Class shall have the option to receive a subscription to TrueFire All Access for a period of nine (9) months. If a Settlement Class Member elects to receive the nine (9) month subscription to TrueFire All Access, he or she must make that election by the Election Deadline.

  12. Tell me more about reimbursement for time spent remediating payment card issues.

    Any Settlement Class Member may submit one Claim for reimbursement for time spent remediating fraudulent charges on their payment card as a result of the Data Breach for an amount of $20.00 per hour that is capped at a maximum of three (3) hours per Claimant. Claims may be submitted electronically or in paper format using a Reimbursement Form. Claims must be submitted by the Reimbursement Deadline.

    Settlement Class Members who wish to make a timely and properly supported Reimbursement Claim must provide to the Settlement Administrator the information required to evaluate the claim, including: (a) the Claimant’s name and current address; (b) a written accounting of the tasks associated with remediating any fraudulent charges on their payment card as a result of the Data Breach that includes time spent performing such tasks calculated in fifteen (15) minute increments; and (c) a statement signed under penalty of perjury indicating that: (i) the individual performed the tasks associated with remediating the fraudulent charges on their payment card; and (ii) the fraudulent charges on their payment card are fairly traceable to the Data Breach.

  13. Tell me more about the $50.00 monetary payment for California Sub-class Members.

    All members of the California Sub-Class who make claims are eligible to receive $50 per Claimant.

    California Sub-Class Members who wish to make a timely and properly supported Monetary Payment Claim must provide to the Settlement Administrator the information required to evaluate the claim, including: (a) the Claimant’s name and current address; and (b) a statement signed under penalty of perjury indicating that the Claimant was a resident of the state of California at the time of the Data Breach.

  14. HOW TO GET SETTLEMENT BENEFITS

  15. How can I enroll in TrueFire All Access?

    To enroll in, or extend, the nine (9) month TrueFire All Access Subscription offered by TrueFire, Settlement Class Members must submit an Election Form by mail or through the Settlement Website by July 20, 2021. The Settlement Administrator will notify you of any deficiencies with respect to your Election Form, and you will have 21 days after such notice is sent to correct these deficiencies.

    An Election Form is available on the Important Documents page or by calling 1-844-996-1466. Election Forms are also available by writing to the Settlement Administrator at:

    TrueFire Data Breach Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103

  16. How do I obtain reimbursement of time spent remediating payment card issues related to the Data Breach?

    For reimbursement for time spent remediating fraudulent charges on payment cards as a result of the Data Breach for an amount of $20.00 per hour and that is capped at a maximum of three (3) hours per Claimant, you must complete and submit a Reimbursement Form(s) and provide documentation proving the time spent as described above. You can get the Reimbursement Form on the Important Documents page or by calling 1-844-996-1466. You must read the instructions carefully, fill out the form completely, attach the required documentation, and either submit the form and documentation through the Settlement Website, or mail the form postmarked no later than July 20, 2021, to:

    TrueFire Data Breach Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103

    If you have questions about how to file a claim, call 1-844-996-1466.

  17. How do I obtain a monetary payment of $50.00 if I am a California Sub-class member?

    If you are a California Sub-Class Member and you file a timely and valid Monetary Payment Claim Form, the Settlement Administrator will evaluate your claim to confirm your eligibility to receive payment of the Monetary Payment Claim. The Settlement Administrator will notify you of any deficiencies with respect to your claim, and you will have twenty-one (21) days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your claim.

  18. When will I receive my reimbursement payment under the Settlement?

    If you file a timely and valid Reimbursement Form and submit required documentation, the Settlement Administrator will evaluate your claim to confirm your eligibility and calculate your payment amount. The Settlement Administrator will notify you of any deficiencies with respect to your claim, and you will have twenty-one (21) days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your claim.

    Payments for valid claims will not be made until after the Settlement is finally approved and all appeals and other reviews have been exhausted.

  19. What am I giving up as part of the Settlement?

    Unless you exclude yourself, you cannot sue TrueFire or be part of any lawsuit against TrueFire about any of the issues in this Action. Unless you exclude yourself, all of the decisions by the Court will bind you. The specific claims you are giving up are described in Paragraph 9 of the Settlement Agreement. You will be releasing your claims against TrueFire and all related people as described in Paragraph 9.

    The Settlement Agreement is available Important Documents page or by calling 1-844-996-1466. The Settlement Agreement describes the released claims with specific descriptions, so please read it carefully. If you have any questions about what this means, you can talk to Settlement Class Counsel, or you can talk to your own lawyer at your own expense.

  20. THE LAWYERS REPRESENTING YOU

  21. Do I have a lawyer in the case?

    The Court appointed the law firms of Morgan & Morgan, PA and Clayeo C. Arnold, A Professional Law Corporation to represent you and the Settlement Class. These firms are called “Settlement Class Counsel.” You will not be charged by these lawyers for their work on this case. If you want to be represented by your own lawyer, you may hire one at your own expense.

  22. How will the lawyers be paid?

    Class Counsel will ask the Court for TrueFire to pay for reasonable attorneys’ fees and expenses of up to $156,500.00. The Court will decide the amount of attorneys’ fees, and expenses. Any attorneys’ fees, costs, and expenses approved will be paid by TrueFire and will not reduce the benefits provided to you or the other Settlement Class Members under the proposed Settlement.

  23. EXCLUDING YOURSELF FROM THE SETTLEMENT

  24. What does it mean to exclude myself from the Settlement?

    If you want to keep the right to sue or continue to sue TrueFire about the legal claims in this case, you must take steps to exclude yourself from the Settlement Class. Excluding yourself is also called “opting out” of the Settlement.

  25. If I exclude myself, can I get anything from this Settlement?

    If you exclude yourself, you cannot get anything from the Settlement. If you exclude yourself, you may not apply for any benefits under the proposed Settlement and you cannot object to the proposed Settlement.

  26. If I do not exclude myself, can I sue later?

    If you do not exclude yourself, you cannot sue later. Unless you exclude yourself, you give up the right to sue TrueFire for all of the claims that this proposed Settlement resolves.

  27. How do I exclude myself from the Settlement?

    To exclude yourself from the proposed Settlement, you must timely submit, by U.S. Mail, written notice of your intent to opt-out of the Settlement to the Settlement Administrator’s designated address established for opt-outs. The written notice must clearly manifest your intent to be excluded from the Settlement Class in Emmanuel Llamas v. TrueFire, LLC and TrueFire, Inc., No. 8:20-cv-00857-WFJ-CPT, and must be signed by you. You can only request exclusion for yourself: you cannot request to exclude any other member of the Settlement Class. Mass opt-outs are not permitted.

    To be effective, written notice must be postmarked by March 11, 2021 and mailed to:

    TrueFire Data Breach Settlement Administrator
    Attn: Exclusion
    P.O. Box 58220
    Philadelphia, PA 19102

    You cannot ask to be excluded on the phone, by email, or on the website.

  28. OBJECTING TO THE SETTLEMENT

  29. How do I tell the Court if I do not like the Settlement?

    If you are a Settlement Class Member, you can object to or comment on the Settlement, Settlement Class Counsel’s request for attorneys’ fees, costs, and expenses. To object, you must state in writing that you object to the Settlement, and include the following information in your written objection:

    1. The name of the Action;
    2. Your full name, mailing address, telephone number, and e-mail address;
    3. A statement of the basis on which you claim to be a Settlement Class Member;
    4. A written statement of all grounds for your objection, accompanied by any legal support for the objection, and any evidence you wish to introduce in support of the objection;
    5. The identity of all counsel, if any, representing you, including any former or current counsel who may claim entitlement to compensation for any reason related to the objection to the Settlement or the Fee Application;
    6. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing and the identification of any counsel representing you who intends to appear at the Final Approval Hearing;
    7. A list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; and
    8. Your signature signed under oath and penalty of perjury or, if legally incapacitated, the signature of your duly authorized representative (along with documentation setting forth such legal incapacitation and representation) (an attorney’s signature is not sufficient).

    Failure to include this information may be grounds for the Court to disregard your objection.

    To submit an objection, send a letter the Court either by: (a) mailing it to the Clerk of the Court, United States District Court for the Middle District of Florida, United States Courthouse, 801 North Florida Avenue, Tampa, FL 33602, or; (b) filing the objection in person at any location of the United States District Court for the Middle District of Florida. Mailed objections must be filed or postmarked on or before the Objection Deadline, which is March 11, 2021.

  30. What is the difference between objecting and asking to be excluded?

    You can object to the Settlement when you wish to remain a Settlement Class Member and be subject to the Settlement but disagree with some aspect of the Settlement. An objection allows your views to be heard in Court.

    Excluding yourself from the Settlement Class means that you are no longer a Settlement Class Member and do not want the Settlement to apply to you. Once you are excluded, you lose the right to receive any benefits from the Settlement or to object to any aspect of the Settlement because the case no longer affects you.

  31. FINAL APPROVAL HEARING

  32. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing at 9:30 a.m. on May 14, 2021, telephonically at 1-888-557-8511. Enter the access code 4744914 follwed by the # (pound) key. You will be prompted to enter the security code: 0857 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for attorneys’ fees, costs, and expenses. If there are objections, the Court will consider them. After the Final Approval Hearing, the Court will decide whether to approve the proposed Settlement and how much to award to Class Counsel as fees, costs, and expenses.

    The Final Approval Hearing may be moved to a different date or time without additional notice, so it is recommended that you periodically check this website and the Court docket in this case through the Court’s Public Access to Electronic Records (PACER) system at https://www.flmd.uscourts.gov/cmecf to confirm the date of the Final Approval Hearing.

  33. Do I have to come to the hearing?

    You do not have to attend the hearing to have your objection considered by the Court. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you submit a written objection, you do not have to come to the Fairness Hearing to raise your objection. As long as you timely mailed your written objection, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but their attendance is not necessary.

  34. May I speak at the hearing?

    You may speak at the hearing. If you would like to do so, you must indicate your intent to personally appear and/or testify at the Final Approval Hearing, and identify any counsel representing you who intends to appear at the Final Approval Hearing, when providing written notice of your objection as noted above regarding how to object to the Settlement. You cannot speak at the hearing if you exclude yourself from the Settlement.

  35. IF YOU DO NOTHING

  36. What happens if I do nothing at all?

    If you are a Settlement Class Member and you do nothing, you will be legally bound by the Settlement, but you will not receive the nine (9) month subscription to TrueFire All Access, reimbursement for time spent remediating payment card issues related to the Data Breach, or the California Sub-class monetary payment (if applicable). You will not be able to bring a lawsuit, continue a lawsuit, or be a part of any other lawsuit against TrueFire about the claims in this case.

    If you would like to request benefits under the Settlement, you must follow the instructions described above.

  37. GETTING MORE INFORMATION

  38. How do I get more information about the proposed Settlement? 

    The notice summarizes the proposed Settlement. More details are included in the Settlement Agreement. You also may write with questions to the Settlement Administrator, at info@TrueFireDataBreachSettlement.com or to: TrueFire Data Breach Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. You can access Reimbursement and Election Forms and review additional documents on the Important Documents page. You can also request to receive Reimbursement and Election Forms, a copy of the Settlement Agreement, and a detailed notice by mail by calling the toll-free number, 1-844-996-1466.