ATTENTION ALL PERSONS RESIDING IN THE UNITED STATES TO WHOM DEFENDANT SENT NOTICE OF A DATA SECURITY INCIDENT THAT WAS DISCOVERED ON OR ABOUT JULY 20, 2022 AND INVOLVED AN UNAUTHORIZED PERSON GAINING ACCESS TO CERTAIN EMAIL ACCOUNTS THAT CONTAINED PERSONAL IDENTIFYING INFORMATION AND/OR PERSONAL HEALTH INFORMATION (THE “DATA INCIDENT”).

A proposed Settlement has been reached in the class action lawsuit titled, Teeter v. Easterseals-Goodwill Northern Rocky Mountain Inc., No. 4:22-cv-00096-BMM (D. MT.). The lawsuit asserts a negligence claim against Defendant ESGW related to a security incident that occurred between October 12, 2021, and November 11, 2021 and about which Defendant notified potentially impacted individuals on or about September 16, 2022 (the “Data Incident”). Defendant denies the claim and denies that it did anything wrong.

The Settlement offers reimbursement of documented out of pocket expenses, compensation for attested time and identity monitoring to all Settlement Class Members who submit a valid and timely claim to the Settlement Administrator. Class Members who do not opt-out of participation in the settlement may be eligible for the following payments:

1. ESGW will reimburse documented out of pocket expenses incurred as a result of the Data Incident up to a maximum of $1,500.00 per person, upon submission of a timely, complete and valid Claim Form, along with necessary supporting documentation, for the following losses:

   1. Documented Out-of-Pocket Losses incurred as a result of the Data Incident, including 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, or gasoline for local travel;

   2. Documented Fees for Unreimbursed Identity Protection Fees for Unreimbursed Identity Protection Expenses such as credit reports, credit monitoring, or other identity theft insurance products purchased between July 20, 2022, and the date of the Settlement Agreement; and

   3. Reimbursement of Attested Time. Settlement Class Members are also eligible to receive reimbursement for up to a maximum of three hours of lost time (calculated at the rate of $20.00 per hour) spent remedying the issues related to the Data Incident, but only if a minimum of a full hour was spent. Settlement Class Members may receive reimbursement for up to three (3) hours of lost time if the Settlement Class Member attests that any claimed lost time was spent related to the Data Incident.

2. Compensation for Extraordinary Losses. Settlement Class Members who were the victim of actual documented identity theft are also eligible to receive reimbursement for documented Extraordinary Losses, not to exceed $5,000.00 per Settlement Class Member for documented monetary loss that is, inter alia, arising from financial fraud or identity theft if:

   1. The loss is an actual, documented and unreimbursed monetary loss;

   2. The loss is more likely than not caused by the Data Incident;

   3. The loss occurred during the period between July 20, 2022, through and including the date of the Settlement Agreement;

   4. The loss is not already covered as an “Ordinary Loss” as described above; and

   5. The Settlement Class Member must also provide documentation that he or she made reasonable efforts to avoid, or seek reimbursement for, the losses, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

Settlement Class Members with Extraordinary Losses must submit plausible documentation supporting their claims to the Claims Administrator, postmarked or submitted online on or before the Claims Deadline of March 21, 2024. This documentation can include, but is not necessarily limited to, receipts or other documentation not “self-prepared” by the claimant that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to qualify for reimbursement for Extraordinary Losses, but can be considered to add clarity or to support other submitted documentation.

Limitation on Reimbursable Expenses. Claimants must exhaust all existing credit monitoring insurance and identity theft insurance before Defendant is responsible for any expenses claimed pursuant to this paragraph. Nothing in this Settlement Agreement shall be construed as requiring Defendant to provide, and Defendant shall not provide, for a double payment for the same loss or injury that was reimbursed or compensated by any other source. No payment shall be made for emotional distress, personal/bodily injury, or punitive damages, as all such amounts are not recoverable pursuant to the terms of the Settlement Agreement.

The Court must give final approval to the Settlement before it takes effect but has not yet done so. No payments will be made until after the Court gives final approval and any appeals are resolved.

Please review the Notice carefully.