Frequently Asked Questions

BASIC INFORMATION

1. Why was notice issued?

The Circuit Court of Broward County, Florida, authorized notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.

The lawsuit is captioned Elizabeth Svoboda v. EdisonLearning, Inc., Case No. CACE 24-012278, pending in the Circuit Court of Broward County, Florida. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the entity they sued, EdisonLearning, is called the “Defendant.”

2. What is this lawsuit about?

This lawsuit alleges that private and sensitive information may have been impacted due to the unauthorized access to Defendant’s computer systems on or about March 17, 2023 (the “Cybersecurity Incident”). The files accessed in the Cybersecurity Incident contained names and Social Security numbers.

3. What is a class action?

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representative is Elizabeth Svoboda, and everyone included in this Action are the Class Members.

4. Why is there a Settlement?

The Court did not decide in favor of the Plaintiff or the Defendant. Plaintiff and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiff and their attorneys think the Settlement is best for all Class Members.

Who is in the Settlement?

5. Who is included in the Settlement?

The Settlement Class includes all persons residing in the United States who were sent a Notice Letter notifying them that their Private Information was compromised in the Cybersecurity Incident.

6. Are there exceptions to being included?

Yes. Excluded from the Settlement Class are: (a) all persons who are employees, directors, officers, and agents of EdisonLearning, the Judge assigned to the Action, and that Judge’s immediate family and Court staff.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by contacting the Settlement Administrator at:

EdisonLearning Cybersecurity Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@EdisonLearningSettlement.com
(866) 675-2433

You may also view the Settlement Agreement here.

The Settlement Benefits

7. What does the Settlement provide?

EdisonLearning has agreed to a cash commitment for purposes of this Settlement with a total value not to exceed one million five hundred thousand dollars ($1,500,000.00 USD), which shall be the maximum amount of money that EdisonLearning shall be obligated to pay for the benefit of the Settlement Class for all Approved Claims, exclusive of all Settlement Administration Costs, any attorney’s fee awards, Service Awards, and any other costs, expenses, and fees associated with the Settlement pursuant to the terms set forth in the Settlement Agreement.

You are not limited to one benefit. If you are eligible for multiple benefits, as described below, you may file a claim for each of them.

Credit Monitoring Services: If you have not already claimed previously offered credit monitoring services, you may claim one year of credit monitoring services. This service includes:

• real time monitoring of the credit file at one bureau;
• dark web scanning with immediate notification of potential unauthorized use;
• comprehensive public record monitoring;
• identity theft insurance (no deductible); and
• access to fraud resolution agents to help investigate and resolve instances of identity theft

Cash Payment: If you had actual, documented expenses or losses because of the Cybersecurity Incident, you are eligible for reimbursement under Cash Payment A. If you did not have an actual, documented expense or loss, you are still eligible for reimbursement under Cash Payment B.

Cash Payment A - Out-of-Pocket Expenses and Fraud-related Expenses:

Out-of-Pocket Expenses: You may claim reimbursement for up to $1,000.00 for the following types of actual, documented out-of-pocket expenses:

• 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 reports, credit monitoring, or other identity theft insurance products (if purchased between February 1, 2024, and the date you file a claim)

Fraud-related Expenses and Losses: You may claim reimbursement for up to $2,500.00 for actual, documented fraud-related expenses and losses if:

• the loss is an actual, documented and unreimbursed monetary loss due to fraud or identity theft;
• the loss is fairly traceable to the Cybersecurity Incident;
• the loss occurred after March 17, 2023 and before March 11, 2025;
• the loss is not already covered by one or more of the ordinary loss categories, and
• you made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance

If you have both out-of-pocket and fraud-related expenses, you may claim reimbursement for both, subject to the $2,500.00 cap.

You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.

Cash Payment B – Fixed Amount Payment: If you did not have an actual, documented expense or loss, you are still eligible to file a claim to receive $50.00. If the amount of total amount of cash payment claims exceeds the net amount of money available for the settlement, all payments will be reduced on a pro rata percentage basis.

EdisonLearning Cybersecurity Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@EdisonLearningSettlement.com
(866) 675-2433

You may also view the Settlement Agreement here

8. What claims am I releasing if I stay in the Settlement Class?

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review here.

Submitting a Claim Form for Settlement Benefits

9. How do I submit a claim for a Settlement benefit?

The fastest way to submit your Claim Form is online. If you prefer, you can download the Claim Form from this website and mail it to the Settlement Administrator at: EdisonLearning Cybersecurity Incident Settlement c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799.

You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (866) 675-2433, by email info@EdisonLearningSettlement.com, or by U.S. mail at the address above.

10. What is the deadline for submitting a claim?

If you are submitting a Claim Form online, you must do so by March 11, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than March 11, 2025.

11. When will the Settlement benefits be issued?

The Court will hold a final approval hearing on February 24, 2025. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.

Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.

The Lawyers Representing You

12. Do I have a lawyer in the case?

Yes, the Court appointed Milberg Coleman Bryson Phillips Grossman, PLLC, to represent you and other Class Members (“Class Counsel”).

13. Should I get my own lawyer?

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

14. How will Class Counsel be paid?

Class Counsel will seek Court approval for attorneys’ fees and litigation costs not to exceed $275,000.00, and a service award of $5,000.00 for Class Representative Elizabeth Svoboda for bringing this Action on behalf of the Class. These fees and costs, as well as the costs of administration, will be paid from the Settlement Fund.

Excluding Yourself from the Settlement

15. How do I opt out of the Settlement?

If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is January 25, 2025.

To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:

1. the name of the Action: Elizabeth Svoboda v. EdisonLearning, Inc., Case No. CACE 24-012278, pending in the Circuit Court of Broward County, Florida
2. your full name;
3. current address;
4. personal signature; and
5. the words “Request for Exclusion” or a clear and similar statement that you do not wish to participate in the Settlement.

Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than January 25, 2025.

EdisonLearning Cybersecurity Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.

You may only exclude yourself— not any other person.

Commenting on or Objecting to the Settlement

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

If you are a Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.

For an objection to be considered by the Court, the objection must include:

1. the name of the Action: Elizabeth Svoboda v. EdisonLearning, Inc., Case No. CACE 24-012278, pending in the Circuit Court of Broward County, Florida
2. Your full name, mailing address, telephone number, and email address (if any);
3. All grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
4. The number of times you have objected to a class action settlement within the 5 years preceding the date that the objector files the objection, the caption of each case in which you have made such objection, and a copy of any orders related to or ruling upon your prior objections that were issued by the trial and appellate courts in each listed case;
5. The identity of all counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees and Costs;
6. The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five (5) years preceding the date of the filed objection, the caption of each case in which counsel or the counsel’s law firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which your counsel and/or counsel’s law firm have objected to a class action settlement within the preceding 5 years;
7. The identity of all counsel (if any) representing you, and whether they will appear at the Final Approval Hearing;
8. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
9. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; and
10. Your signature (an attorney’s signature is not sufficient).

To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court, with copies served on Class Counsel and counsel for EdisonLearning, no later than January 25, 2025.

If you do not comply with the requirements for objecting you will waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement, and will be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Litigation.

17. What is the difference between objecting and excluding?

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

The Court’s Final Approval Hearing

18. When is the Court’s Final Approval Hearing?

The Court will hold a final approval hearing on February 24, 2025, at 2:00 p.m. Eastern Time in Room 16170 of the Circuit Court for the Seventeenth Judicial District in and for Broward County, Florida, located at 201 SE 6th Street, Fort Lauderdale, Florida 33301. At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award the Class Representative who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.

If you are a Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (see FAQ 17).

The date and time of this hearing may change without further notice. Please check this website for updates.

19. Do I have to come to the Final Approval Hearing?

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.

If I Do Nothing

20. What happens if I do nothing at all?

If you are a Class Member and you do nothing, you will give up the rights described in FAQ 8, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a benefit from this Settlement.

Getting More Information

21. How do I get more information?

This website and the Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available in the Important Documents section of this website.

If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:

EdisonLearning Cybersecurity Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@EdisonLearningSettlement.com
(866) 675-2433

You may also view the Settlement Agreement here.

Publicly filed documents can also be obtained by visiting the office of the Clerk of the Court, Brower County Circuit Court, 201 SE 6th Street, Fort Lauderdale, Florida 33301.

DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT