Frequently Asked Questions

The Court directed that this Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Claims Administrator appointed by the Court will distribute the Settlement Benefits to Settlement Class Members who submitted a Valid Claim. This Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.

The Court overseeing this case is the United States District Court for the District of Washington, Tacoma Division. The case is known as Brim, et al., v. Prestige Care, Inc., Case No. 3:24-cv-05133-BHS (W.D. Wash). Donna Brim, Kimberly Perry, and Janet Turner Lamonica, the individuals who brought this Action, are called the Plaintiffs or Representative Plaintiffs, and the entity sued, Prestige Care, Inc., or Prestige, is called the Defendant.

The Plaintiffs claim that Prestige is liable for the Data Incident and have asserted numerous legal claims against Prestige. Prestige denies each and all of the claims and contentions alleged against it in the Action. Prestige denies all charges of wrongdoing or liability as alleged, or which could be alleged, in the Action.

In a class action, one or more people called Plaintiff or Plaintiffs sue on behalf of people who have similar claims. Together, these people are called a Settlement Class or Settlement Class Members. One Court and one judge resolve the issues for all Class members, except for those who exclude themselves from the Settlement Class.

The Court did not decide in favor of the Plaintiffs or Prestige. Instead, the Plaintiffs negotiated a settlement with Prestige that allows the Plaintiffs, the proposed Settlement Class, and Prestige to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. The Settlement provides benefits and allows Settlement Class Members to obtain payment for certain costs or losses without further delay. Plaintiffs and Class Counsel think the Settlement is in the best interest of all Settlement Class Members. This Settlement does not mean that Prestige did anything wrong.

The Settlement Class includes all individuals to whom Prestige sent notice of the 2023 Data Incident.

Settlement Class Members were also sent notice of this class action Settlement via mail. If you received notice of this Settlement, you are eligible to receive Settlement Benefits. If you are still not sure whether you are included, you can contact the Claims Administrator by calling toll-free at 1-844-730-6791.

Yes. The Settlement Class specifically excludes: (i) Prestige and Prestige’s parents, subsidiaries, affiliates, officers and directors, and any entity in which Prestige has a controlling interest; (ii) all individual who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions; (iv) the attorneys representing the Parties in the Action; (v) all judges assigned to hear any aspect of the Action, as well as their immediate family members; and (vi) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Data Incident, or who pleads nolo contendere to any such charge.

The Settlement provides for both monetary relief and credit monitoring and identity theft protection. Monetary Relief is subject to an aggregate cap of $700,000.00. In addition, Prestige will pay for claimed credit monitoring and identity theft protections, the Costs of Notice and Claims Administration, Attorneys’ Fees and Costs awarded by the Court, and service awards to the Representative Plaintiffs awarded by the Court. Please visit HERE for complete information about the Settlement Benefits.

• Monetary Relief:

         (a) Expense Reimbursements including up to $400 in Out-of-Pocket Losses, up to $100 in lost time, and/or up to $5,000 in Consequential Damages

          OR

         (b) an Alternative Cash Payment in the amount of $50.

         Monetary Relief is subject to an aggregate cap of $700,000.

• Credit Monitoring: Three (3) years of one bureau credit monitoring services.

Expense Reimbursements include Out-of-Pocket Losses, Lost Time, and Consequential Damages for Extraordinary Losses.

Out-of-Pocket Losses. All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible for any documented and attested-to out-of-pocket expenses directly associated with dealing with the Data Incident, not to exceed $400 per Settlement Class Member, that were incurred more likely than not as a result of the Data Incident, including but not limited to (i) unreimbursed expenses, charges and/or losses relating to fraud or identity theft such as unreimbursed bank fees; long distance phone charges; cell phone charges (only if charged by the minute); data charges (only if charged based on the amount of data used); postage; gasoline for local travel; fees for credit repair or similar services; and costs associated with freezing or unfreezing credit; and/or any other charge or loss reasonably related to the Data Incident incurred by Class Members between September 7, 2023 and the Claims Deadline. To receive reimbursement for out-of-pocket losses, Settlement Class Members must submit a Valid Claim, including supporting documentation, to the Claims Administrator. Reimbursement for out-of-pocket expenses is subject to the following terms: (1) the loss is an actual, documented, and unreimbursed monetary loss; (2) the loss was more likely than not caused by the Data Incident; and (3) the loss occurred between September 7, 2023, and the Claims Deadline.

Lost Time. Class Members are also eligible to receive reimbursement for up to four hours of lost time spent dealing with the Data Incident, rounded to the nearest whole hour, calculated at the rate of $25 per hour. Class Members may receive up to four hours of lost time if the Class Member attests that any claimed lost time was spent responding to issues raised by the Data Incident, and briefly describes how the lost time was spent. Claims for reimbursement of lost time may be combined with claims for documented out-of-pocket expenses.

Consequential Damages. Class Members are also eligible to receive reimbursement for documented extraordinary out-of-pocket losses, not to exceed $5,000 per Class Member for documented monetary loss that (i) is actual, documented, and unreimbursed; (ii) was more likely than not caused by the Data Incident; (iii) occurred between September 7, 2023 to the Claims Deadline; (iv) results from actual identity theft, fraud or similar criminal victimization; and (v) is not already covered by one or more of the above-referenced reimbursed expenses. Class Members must also provide documentation that he or she made reasonable efforts to avoid, or seek reimbursement for, such extraordinary losses, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

The amount of the Expense Reimbursements 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.

Settlement Class Members with Out-of-Pocket Losses or Consequential Damages must submit documentation supporting their claims. This can include receipts or other documentation not “self-prepared” by the claimant that document the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.

Settlement Class Members can elect to make a claim for a $50.00 alternative cash payment in lieu of the Expense Reimbursement benefit. To receive this benefit, Settlement Class Members must submit a Valid Claim using the Claim Form, but no documentation is required to make a claim. 

The amount of the alternative cash payment 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.

Settlement Class Members who submit a Claim Form can elect to enroll in three (3) years of one bureau credit monitoring services.

These services will be made available to all Settlement Class Members who choose to enroll regardless of whether they claim Expense Reimbursement or the Alternative Cash Payment. 

A unique redemption code, allowing Settlement Class Members to enroll in these services will be sent to each Settlement Class Member who submits a valid claim for such services after the Court approves the Settlement as final and after any appeals are resolved.

Together with the data security measures Prestige had employed prior to the alleged confidentiality Incident, which Prestige contends were adequate, reasonable, and legally compliant, Prestige Care, has adopted, paid for, implemented, and will maintain the following business practices changes related to information security to safeguard personal information on its systems for a period of at least three years from the time when the applicable business practices change is initiated: (i) implementation of enhanced multi-factor authentication; (ii) engagement with recognized third-party vendors for managed detection and response; (iii) adoption of additional encryption technologies; (iv) implementation of improved log retention and monitoring policies; and (v) creation of an incident response plan. Prestige Care estimates that, in total, its implementation and maintenance of enhanced security measures has cost and will cost in excess of approximately $250,000.

In order to receive Credit Monitoring or a Settlement payment, you must complete and submit a Claim Form.  Claim Forms are available HERE, or you may request one by mail by calling 1-844-730-6791. Read the instructions carefully, fill out the Claim Form, and submit it online, or mail it postmarked no later than April 2, 2025 to: Prestige Settlement, c/o Claims Administrator, PO Box 631, Baton Rouge, LA 70821.

The Claims Administrator will decide whether the information provided on the Claim Form is complete and valid.  The Claims Administrator may require additional information from any claimant.  If the Claims Administrator requires additional information from you and you do not provide it in a timely manner, your claim may not be paid at the Claims Administrator’s discretion.

The Court will hold a Final Fairness Hearing at 3:00 P.M. PST on April 21, 2025 to decide whether to approve the Settlement. Even if the Court approves the Settlement, there may be appeals, and resolving them may take additional time. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether any appeals are filed. Please be patient.  If you have further questions regarding payment timing, you may contact the Claims Administrator by emailing info@PrestigeCareDataSettlement.com.

You do not have to do anything to remain in the Settlement, but if you want receive Credit Monitoring Services or a payment from the Settlement, you must submit a Claim Form online or postmarked by April 2, 2025. 

If you do nothing, you will not receive credit monitoring services or be eligible to receive a payment. You will also give up certain legal rights.

If the Settlement becomes final, you will give up your right to sue Prestige for the claims being resolved by this Settlement.  The specific claims you are giving up against Prestige and the claims you are releasing are described in the Settlement Agreement, available HERE. The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions about what claims you are giving up and which parties you are releasing, you can talk to the law firms listed in Question 21 for free or you can, of course, talk to your own lawyer at your own expense.

No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.

No.  Unless you exclude yourself from the Settlement, you give up any right to sue Prestige for the claims that this Settlement resolves.  You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. 

To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Brim, et al., v. Prestige Care, Inc., Case No. 3:24-cv-05133-BHS (W.D. Wash.). Your letter must also include your full name, current address, and signature. You must mail your exclusion request postmarked no later than March 3, 2025 to:

Prestige Care Settlement
PO Box 631,
Baton Rouge, LA 70821

Settlement Class Members will only be able to submit an opt-out request on their own behalf; mass or class opt-outs are not permitted.

Yes. The Court appointed the following attorneys as “Class Counsel” to represent the Settlement Class:

You will not be charged for contacting Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to award attorneys’ fees, costs, and expenses in an amount not to exceed Three Hundred Twenty-Five Thousand Dollars and No Cents ($325,000.00). Class Counsel will also seek service awards in the amount of two thousand five hundred dollars and no cents ($2,500.00) to each of the three (3) Representative Plaintiffs.

The Court may award less than these amounts. The Court awarded amounts for attorneys’ fees, costs, and expenses, as well any service awards approved by the Court for the Representative Plaintiffs will be paid separately by Prestige and will not affect the Settlement Benefits available to Settlement Class Members.

If you are a Settlement Class Member, you can object to the Settlement if you do not like or agree with the Settlement or some part of it. You can give reasons to the Court why you think the Court should not approve the Settlement. The Court will consider your views before deciding.

Objections must include: 

i. the objector’s full name, address, telephone number, and email address (if any);
ii. the case name and case number;
iii. information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of original notice of the Data Incident or a statement explaining why the objector believes he or she is a Settlement Class Member);
iv. a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable;
v. the identity of all counsel representing the objector in connection with the objection;
vi. a statement whether the objector and/or his or her counsel will personally appear at the Final Fairness Hearing; and
vii. the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative.

To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court, United States District Court for the Western District of Washington, Tacoma Division, 1717 Pacific Avenue, Room 3100, Tacoma WA 98402-3200, and contain the case name and docket number for Brim et al. v. Prestige Care, Inc., Case No. 3:24-cv-05133-BHS, no later than the Objection Date, and served concurrently therewith upon Class Counsel, and Prestige’s Counsel at the following:

Upon respective Proposed Class Counsel via mail and e-mail at:

TOUSLEY BRAIN STEPHENS PLLC
Kaleigh N. Boyd
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Tel: (206) 682-5600
kboyd@tousley.com

Upon Prestige’s counsel via mail and e-mail at:

MULLEN COUGHLIN LLC
James F. Monagle
426 W. Lancaster Avenue, Suite 200
Devon, Pennsylvania 19333
Tel: (267) 930-1529
jmonagle@mullen.law

Any Settlement Class Member who fails to comply with the requirements for objecting shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Action. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions set forth herein.

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 submit a Claim Form because the Settlement no longer affects you.

The Court will hold a Final Fairness Hearing at 3:00 p.m. on April 21, 2025, in room 3100 located at 1717 Pacific Avenue, Tacoma, WA. At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for an award of attorneys’ fees, costs, and expenses not to exceed $325,000.00, and service awards not to exceed $2,500.00 for each of the Representative Plaintiffs. The Court will take into consideration any timely sent written objections and may also listen to anyone who has requested to speak at the hearing (see Question 22).

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the Final Fairness Hearing 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.

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 Question 22 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing, you will not receive credit monitoring services or be eligible to receive a payment from this Settlement. If the Court approves the Settlement, and you do nothing, you will be bound by the Settlement Agreement. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Prestige or Released Persons about the issues involved in this lawsuit, resolved by this Settlement, and released by the Settlement Agreement.

Yes. This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available HERE, or by writing to Claims Administrator:

Prestige Care Settlement
PO Box 631,
Baton Rouge, LA 70821
info@PrestigeCareDataSettlement.com

For more information, please review the case documents HERE or call toll-free 1-844-730-6791. You can also contact the Claims Administrator by mail or email.