Mathis v. Planet Home Lending, LLC

A federal court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and all of your rights and options before the Court decides to grant Final Approval of the Settlement. The notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

The Honorable Kari A. Dooley of the United States District for the District of Connecticut is overseeing this class action. The case is known as Mathis v. Planet Home Lending, LLC (In re: Planet Home Lending, LLC Data Breach), Case No. 3:24-cv-000127 (KAD) (D. Conn.). The persons who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, Planet Home Lending, LLC, is called the “Defendant.”

Plaintiffs filed this class action against Defendant for its alleged failure to properly secure and safeguard Plaintiffs’ and other similarly situated customers’ sensitive information, including full names, addresses, Social Security numbers, loan numbers, and financial account numbers ("personally identifiable information" or “PII”). On November 15, 2023, a Data Incident occurred, with unauthorized access to or acquisition of the Private Information.

This lawsuit was filed on behalf of all persons whose PII was compromised as a result of Defendant’s alleged failure to (i) adequately protect the PII of Plaintiffs and Class Members; (ii) warn Plaintiffs and Class Members of Defendant’s inadequate information security practices; and (iii) effectively secure hardware containing protected PII using reasonable and effective security procedures free of vulnerabilities and incidents. Defendant’s conduct amounts at least to negligence and violates federal and state statutes.

Plaintiffs brought this lawsuit against Defendant alleging claims for negligence, negligence per se, breach of implied contract, unjust enrichment, and declaratory judgment.

Defendant denies these allegations and denies any wrongdoing or liability. The Court has not decided who is right. Instead, Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of further litigation.

In a class action, one or more people (called plaintiff(s) or class representative(s)) sue on behalf of all people who have similar legal claims. Together, all these people are called a “class” or “class members.” If the plaintiffs and defendant reach a settlement, the court resolves the issues for all class members via the settlement, except for those class members who timely opt out (exclude themselves) from the settlement.

The proposed Class Representatives in this lawsuit are Plaintiffs Brandon Mathis, Nashira Williams, Jamie Lee Mazzo, Jeffrey Benson, Frank Canepa, William Ekola, Joe Ward, Antonio Cole, and Ramsey Coulter.

Plaintiffs and Defendant do not agree about the legal claims made in the lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives believe the Settlement is best for all individuals in the Settlement Class because of the benefits available to the Settlement Class and the risks and uncertainty associated with continuing the lawsuit.

You are part of the Settlement Class if you were sent notice by the Defendant that your Private Information may have been impacted in the Data Incident on or about November 15, 2023.

Yes. Excluded from the Settlement Class are (a) all persons who are employees, directors, officers, and agents of PHL (Planet Home Lending); (b) governmental entities; and (c) the Judge assigned to the Action, that Judge’s immediate family, and Court staff.

If you are still not sure whether you are a Settlement Class Member, you may review the Notice or contact the Settlement Administrator.

If you are a Settlement Class Member and you timely submit a Valid Claim, you may be eligible for the following benefits subject to a pro rata adjustment (a legal term meaning equal share):

• Cash Payment A:

  • Compensation for Ordinary Losses: All Settlement Class Members who submit a Valid Claim are eligible for up to a total of $1,500 per person for unreimbursed ordinary losses that are fairly traceable to the Data Incident. You must submit documentation supporting your Claim for ordinary losses, which may include receipts or other documentation that show 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. You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the credit monitoring product offered as part of the notice letter previously provided by Defendant. Ordinary losses may include the following:

    • Out-of-pocket expenses incurred as a result of the Data Incident, including 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, or gasoline for local travel; and
    • Fees for credit reports, credit monitoring, or other identity theft insurance products purchased between November 15, 2023, the date of the Data Incident, and September 25, 2024, the deadline to file a Claim Form.

  • Compensation for lost time: Settlement Class Members with time spent remedying issues related to the Data Incident may receive reimbursement of $25 per hour up to five hours (for a total of $125) with an attestation (a legal term meaning signing a formal document) including a brief description of the action(s) taken in response to the Data Incident.

  • Compensation for extraordinary losses: Compensation for extraordinary losses, up to a total of $10,000, per Settlement Class Member, if the extraordinary loss meets the following conditions:

    • The loss was an actual, documented and unreimbursed monetary loss due to fraud or identity theft;
    • The loss more likely than not caused by the Data Incident;
    • The loss occurred after November 15, 2023, and before the Claim Form Deadline (September 25, 2024);
    • The loss is not one of the listed 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.

  OR

• Cash Payment B: Instead of selecting Cash Payment A, a Settlement Class Member may elect to receive Cash Payment B, which is a one-time payment of $100.

Pro Rata Adjustment: Settlement Class Member Cash Payments will be subject to a pro rata (a legal term meaning equal share) increase from the Settlement Fund in the event the amount of Valid Claims is insufficient to exhaust the entire Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the amount of the Settlement Fund, the amount of the Cash Payments may be reduced pro rata accordingly. Any pro rata increases or decreases to Cash Payments will be on an equal percentage basis.

Business Practice Changes: Although Defendant denies any wrongdoing, Plaintiffs have received assurances that Defendant has implemented security measures.

Unless you opt out of the Settlement, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties, including Defendant, about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

The Settlement Agreement in Section XIII describes the Released Claims and the Releases, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here or in the public Court records on file in this lawsuit. For questions regarding the Releases or Released Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in FAQ 15 for free, or you can talk to your own lawyer at your own expense.

To receive a Cash Payment described in FAQ 8, you must submit a Valid Claim, postmarked or submitted online by September 25, 2024. Claim Forms may be submitted here or printed from the Settlement Website here and mailed to the Settlement Administrator at the address on the Claim Form. The quickest way to submit a Claim is online. Claim Forms are also available by calling 1-877-554-3624 or by writing to the following address:

Planet Home Lending, LLC Data Breach
Settlement Administrator
P.O. Box 2769
Portland, OR 97208-2769

Claim Forms must be submitted online or by mail postmarked by September 25, 2024.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by emailing info@PHLDataBreachSettlement.com or by writing to the following address:

Planet Home Lending, LLC Data Breach
Settlement Administrator
P.O. Box 2769
Portland, OR 97208-2769

If you submit a timely and Valid Claim, a Cash Payment will be made to you by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

If you submit a timely and Valid Claim for a Cash Payment, and if your Claim and the Settlement are finally approved, Cash Payments will be made by electronic payment or by paper check. Settlement Class Members with Valid Claims will be sent an email to select from alternative forms of electronic payment or by paper check. Please ensure you have provided a current and complete email address. If you do not provide a current and valid email address, if you do not open your email, or if your electronic payment does not go through due to wrong or incomplete information, the Settlement Administrator will attempt to send you a check relying on your physical address submitted on your Claim Form.

Yes. The Court has appointed Mason Barney of Siri & Glimstad LLP, Jeff Ostrow of Kopelowitz Ostrow P.A, Gary Mason of Mason LLP, Mariya Weekes of Milberg Coleman Bryson Phillips Grossman PLLC, Raina Borrelli of Turke & Strauss LLP, and Daniel Srourian of Srourian Law Firm, P.C. as Class Counsel. These lawyers will represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award attorneys’ fees of up to 33.33% of the $2,425,000 Settlement Fund, plus reimbursement of reasonable costs. The Court may award less than the amounts requested. If awarded by the Court, the Settlement Administrator will pay attorneys’ fees and costs out of the Settlement Fund.

Class Counsel’s Application for Attorneys’ Fees, Costs, and Services Awards will be made available on the Documents page here before the deadline for you to object to or opt out of the Settlement.

If you are a Settlement Class Member and want to keep any right you may have to sue or continue to sue the Released Parties on your own based on the legal claims raised in this lawsuit or released by the Released Claims, then you must take steps to get out of the Settlement. This is called opting out of the Settlement.

To opt out of the Settlement, you must timely mail written notice of a request to opt out. The written notice must

1. be signed by you as a Settlement Class Member;
2. include your name, address, telephone number, and email address (if any); and
3. include a statement indicating your request to be excluded from the Settlement Class in Mathis v. Planet Home Lending, LLC (In re: Planet Home Lending, LLC Data Breach), Case No. 3:24-cv-000127 (KAD) (D. Conn.).

The opt-out request must be mailed to the Settlement Administrator at the following address, postmarked by October 15, 2024:

Planet Home Lending, LLC Data Breach
Settlement Administrator
Exclusions
P.O. Box 2769
Portland, OR 97208-2769

You cannot opt out by telephone or by email.

No. If you opt out, you will not be entitled to receive a Cash Payment, but you will not be bound by any judgment in this case. You can only get a Cash Payment if you stay in the Settlement and submit a Valid Claim.

No. Unless you opt out, you give up any right to sue Defendant and other Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Incident. You must opt out of the lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Defendant or other Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards.

To object, you must file a timely written objection stating that you object in Mathis v. Planet Home Lending, LLC (In re: Planet Home Lending, LLC Data Breach), Case No. 3:24-cv-000127 (KAD) (D. Conn.). If your objection is submitted by mail, it must be postmarked by October 15, 2024, or if your objection is submitted by private courier such as FedEx, it must have a shipping date on the label that is prior to October 15, 2024.

The objection must also include all the following information:

1. Your full name, mailing address, telephone number, and email address (if any);
2. A written statement of all grounds for the objection, accompanied by any legal support for the objection known to you or your lawyer;
3. The number of times you have objected to a class action settlement within the five years preceding the date that you filed 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 trial and appellate courts in each listed case;
4. The identity of all lawyers (if any) representing you, including any former or current lawyer(s) who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards;
5. The number of times in which your lawyer and/or your lawyer’s law firm has objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which the lawyer or the law firm has made such objection and a copy of any orders related to or ruling upon the lawyer’s or the lawyer’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s lawyer and/or lawyer’s law firm have objected to a class action settlement within the preceding five years;
6. The identity of all lawyers (if any) representing you, and whether they will appear at the Final Approval Hearing;
7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
8. A statement as to whether you intend to personally appear and/or testify at the Final Approval Hearing; and
9. Your signature (a lawyer’s signature is not sufficient).

To be timely, written notice of an objection in the appropriate form must be filed with the Court by October 15, 2024, with copies to the following addresses:

Any Settlement Class Member who fails to comply with the requirements for objecting detailed above will waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all terms of the Settlement Agreement and by all proceedings, orders, and judgments in the lawsuit.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and costs. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

The Court will hold a Final Approval Hearing on November 14, 2024, at 10:00 a.m. EST before the Honorable Kari A. Dooley at the Brien McMahon Federal Building, United States Courthouse, 915 Lafayette Boulevard, Courtroom 2, Bridgeport, Connecticut 06604, or via Zoom or by phone. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees, Costs and Service Awards.

If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change. The Court may also decide to hold the hearing via Zoom or by phone. Any change will be posted on this website.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file or mail your written objection on time, the Court will consider it.

Yes, as long as you do not opt out, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the Final Approval Hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 20, above, and specifically include a statement whether you and your lawyer will appear at the Final Approval Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive a Cash Payment, and you will give up rights explained in FAQ 17-FAQ 19, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties, including Defendant, about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Data Incident.

The Notice and this website summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-877-554-3624 or by writing to

Planet Home Lending, LLC Data Breach
Settlement Administrator
P.O. Box 2769
Portland, OR 97208-2769

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE.