ACTS Retirement Services Hit with Class Action Following April-May 2022 Data Breach [UPDATE]
by Erin Shaak
Last Updated on March 12, 2024
Corra v. ACTS Retirement Services, Inc.
Filed: July 26, 2022 ◆§ 2:22-cv-02917
ACTS Retirement Services faces a lawsuit over a data breach believed to have compromised the personal information of potentially thousands of employees.
March 12, 2024 – ACTS Data Breach Lawsuit Settlement Website Is Live
The official website for the ACTS Retirement Services data breach settlement is live and can be found at ACTSRetirementDataSettlement.com.
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To receive class action settlement benefits—e.g., credit monitoring services and reimbursement for lost time and documented expenses—class members must file a claim form online or by mail by May 1, 2024. Those who do not submit a claim will not get a share of the settlement funds or credit monitoring services through the deal.
To submit a claim online, head to this page. To file a claim, you will need the unique notice ID and confirmation code found on the personalized notice you received by mail or email.
Class members may also download the PDF claim form or contact the settlement administrator to request a paper copy.
The parties now await final approval of the settlement terms from United States District Judge Gene E. K. Pratter. A final approval hearing is scheduled for July 2, 2024. Benefits are typically distributed to eligible class members if the court grants final approval to the deal, and after any objections or appeals are resolved.
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January 16, 2023 – ACTS Agrees to Settle Data Breach Lawsuit
ACTS Retirement Services, Inc. has agreed to settle the proposed class action detailed on this page.
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The deal, which was preliminarily approved by U.S. District Judge Gene E.K. Pratter on January 2, 2024, covers anyone whose personal information may have been compromised in the ACTS Retirement Services data breach in April 2022, including those who received a letter from the company about the incident.
According to court documents, class members should expect to receive a mailed notice of the settlement around February 1, and will have until May 1, 2024 to file a claim by mail or online when the official settlement website goes live. ClassAction.org will update this page when the settlement website goes live, so be sure to check back often.
As part of the settlement, class members who file a valid, timely claim can receive up to $350 for out-of-pocket losses incurred as a result of the data incident, such as fees for credit reports, credit monitoring or other identity theft protection services purchased since April 29, 2022. Eligible consumers who spent time mitigating the effects of the data breach can also elect to receive $25 for each hour they lost, with a cap of $75.
The deal will also provide up to $3,500 to each class member who lost money due to identity theft “more likely than not” caused by the ACTS data breach.
In order to receive these benefits, a class member must submit their claim with supporting third-party documentation of their losses. The defendant has agreed to pay the class no more than $350,000 for these benefits, so payment may be reduced on a pro-rata basis depending on how many valid claims are submitted.
Also as part of the deal, class members will be offered an opportunity to enroll in two years of credit monitoring and identity theft protection. In addition, ACTS, as part of the settlement terms, will implement more robust cybersecurity measures.
A final approval hearing is set to take place on July 2, 2024. It is typically after a settlement receives final approval from the court, and any appeals or objections to the settlement are resolved, that class members will receive compensation.
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ACTS Retirement Services, Inc. faces a proposed class action lawsuit over a data breach believed to have compromised the personal information of potentially thousands of current and former employees.
The 27-page lawsuit relays that ACTS, the not-for-profit parent company of affiliates who provide residential, assisted living and skilled care services to senior citizens, announced in late June 2022 that unauthorized actors had gained access to employee information stored on its network around April 29 of this year.
Filed by an employee who worked for the defendant more than 25 years ago, the suit says that ACTS discovered the breach on May 2 and, after an investigation, concluded that current and former employees’ names, Social Security numbers and, in some cases, financial account details had been compromised.
According to the suit, the company’s inadequate security systems were to blame for the incident, which the case says has exposed victims to a heightened risk of identity theft and fraud.
The plaintiff, who worked for an ACTS affiliate in Boca Raton, Florida in 1996, claims ACTS stores employees’ sensitive information for years, “even decades,” after they stop working for the company. Per the suit, the plaintiff received a data breach notice from ACTS on July 6, 2022.
Although ACTS uncovered the data breach in early May, it waited nearly two months to begin notifying those whose information was affected, the lawsuit states. The case alleges the company’s data breach notice “obfuscated the nature of the breach and the threat it posed,” and failed to disclose how many people were affected, how the breach happened, and why it took ACTS so long to notify victims.
“Defendant’s failure to timely detect and report the Data Breach made its current and former employees vulnerable to identity theft without any warnings to monitor their financial accounts or credit reports to prevent unauthorized use of their [personally identifiable information],” the complaint states.
The lawsuit goes on to criticize ACTS’s offer of one year of free credit monitoring services, arguing that it “does not adequately address the lifelong harm that victims will face.”
The plaintiff looks to represent anyone in the U.S. whose personal information was compromised in the data breach disclosed by ACTS in June 2022.
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