Frequently Asked Questions

BASIC INFORMATION

1. Why did I get this Notice?

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

The Honorable Yvette M. Palazuelos of the Superior Court of the State of California, County of Los Angeles, is overseeing this class action. The case is known as In re Planned Parenthood Los Angeles Data Incident Litigation, Case No. 21STCV44106 (Los Angeles Sup. Ct.) (the “Action”). The people who filed this lawsuit are called the “Plaintiffs,” and the company they sued, Planned Parenthood Los Angeles, is called the “Defendant.”

2.What is this lawsuit about?

In November 2021, PPLA announced that, between October 9 and October 17, 2021, unauthorized parties potentially accessed, viewed, and/or acquired copies of some documents on PPLA’s systems which may have contained the personally identifiable information and protected health information of approximately 409,437 patients of PPLA, including their names, addresses, insurance information, dates of birth, and clinical information, such as diagnosis, procedure, and/or prescription information.

The Plaintiffs claim that Defendant failed to adequately protect their information and that they were injured as a result. Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. The Defendant denies the claims made by the Plaintiffs in the Action. By entering into the Settlement, the Defendant is not admitting any wrongdoing.

3.Why is this a class action?

In a class action, one or more people called the Class Representatives sue on behalf of all people who have similar claims. Together all of these people are called a Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who exclude themselves from the Class.

The six Class Representatives in this case are Maria Orellana, B.E., J.C., Michelle Garza, K.O., and T.S.

4.Why is there a Settlement?

The Class Representatives and the Defendant do not agree about the claims made in this Action. The Action has not gone to trial, and the Court has not decided in favor of the Class Representatives or the Defendant. Instead, the Class Representatives and the Defendant have agreed to settle the Action. The Class Representatives and the attorneys for the Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendant.

5.How do I know if I am part of the Settlement?

If you received a postcard or email notice of this Settlement, you have been identified as a Settlement Class Member. More specifically, you are a Settlement Class Member, and you are affected by this Settlement, if you received a notice from PPLA in or around November 2021 concerning the Data Breach.

6.Are there exceptions to being included in the Settlement?

Yes, the Settlement does not include (1) any judge, justice, or judicial officer presiding over this matter and the members of their immediate families and judicial staff; (2) the Defendant, any entity in which the Defendant has a controlling interest, and the Defendant’s officers, directors, legal representatives, successors, subsidiaries, and assigns; (3) and any individual who timely and validly requests to be excluded from the Settlement Class and their successors or assigns of any such excluded Persons.

7.What if I am still not sure whether I am part of the Settlement?

If you are still not sure whether you are a Settlement Class Member, you may email the Settlement Administrator at info@PPLASettlement.com or call the Settlement Administrator’s toll-free number at 1-833-244-7351.

THE SETTLEMENT BENEFITS — WHAT YOU GET IF YOU QUALIFY

8.What does the Settlement provide?

The Settlement will provide Settlement Class Members with the following benefits:

• Three years of comprehensive Credit Monitoring and Insurance Services through TransUnion;

• Cash payment for Statutory Payment depending on the participation rate for the Settlement, the amount of which will be a pro rata share of the remaining Net Settlement Fund after all other Settlement Benefits have been paid;

• Cash payment of up to $210 for Documented Time, for up to an additional seven hours of documented time fairly traceable to the Data Breach, valued at up to $30 per hour; and

• Cash payment of up to $10,000 for Fraud/Out-of-Pocket Costs, for documented losses and/or out-of-pocket costs fairly traceable to the Data Breach.

9.Tell me more about the Credit Monitoring and Insurance Services.

Credit Monitoring and Insurance Services provides a way to protect yourself from unauthorized use of your information. If you already have credit monitoring services, you may still sign up for this additional protection. The Credit Monitoring and Insurance Services are being provided by TransUnion. These Credit Monitoring and Insurance Services include:

• Unlimited updates to your TransUnion Credit Report and Score.

• Email updates of critical changes.

• Instant email alerts sent as soon as TransUnion finds out someone’s applied for credit in your name.

• Lock and unlock your TransUnion and Equifax Credit Reports.

• Personalized Debt Analysis & Credit Score Trending.

• Score Simulator—see how specific credit choices may affect scores.

• Unlimited toll-free access to ID theft specialists.

• Up to $1,000,000 ID Theft insurance.

More information about the Credit Monitoring and Insurance Services being provided by TransUnion through this Settlement is available at https://bfs.cyberscout.com/pplasettlement.

10.Tell me more about the Statutory Payments.

You may qualify for a cash “Statutory Payment.”

Each Participating Settlement Class Member electing to receive a Statutory Payment will receive a check from the Settlement Fund for the claims brought under the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. The check amount will depend on the participation rate for the Settlement and the amount will be each Participating Settlement Class Member’s pro rata share of the remaining Net Settlement Fund, after all other Settlement Benefits have been paid for out of the Remaining Net Settlement Fund, including any Credit Monitoring, Fraud/Out-of-Pocket Costs Payments and Documented Time Payments.

The following chart depicts an approximation of the Statutory Payment amounts before deducting costs for Fraud/Out-of-Pocket Costs Payments and Documented Time Payments:

In the event that a Settlement Payment made to Participating Members would exceed one thousand dollars and no cents ($1,000.00), then the Parties will seek guidance from the Court on how to disburse the remaining Net Settlement Fund. In the event that payments for Statutory Payment would be less than $5.00, the funds for Statutory Payment will instead be used to extend the Credit Monitoring and Insurance Services provided to all Participating Settlement Class Members.

The act of submitting a valid Claim Form to the Settlement Administrator (via U.S. Mail or through the Settlement Website) entitles a Class Member to be a Participating Settlement Class Member and constitutes a representation that they are electing to receive a Statutory Payment under the Settlement.

11.Tell me more about cash payments for Documented Time.

If you spent time remedying or addressing issues fairly traceable to the Data Breach, including time spent on identity fraud or theft, fraud, bank fees, card cancellations, credit card fees, late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, card cancellation or replacement fees, credit-related costs associated with purchasing credit reports, credit monitoring or identity theft protection, placing a freeze or alert on credit reports, replacing a driver’s license, state identification card, or social security number, you may qualify for an additional cash payment of up to $30.00 per hour for up to seven hours of time (up to $210.00).

To receive a Documented Time payment, you will be required to state the actual time spent remedying issues fairly traceable to the Data Breach, swear that the information you are providing is “true and accurate under penalty of perjury,” and provide Reasonable Documentation that demonstrates the time spent. Reasonable Documentation may include credit card statements, bank statements, invoices, telephone records, and receipts. Payments may be reduced pro rata depending on the number of Settlement Class Members that participate in the Settlement.

12.Tell me more about Cash Payments for Fraud/Out-of-Pocket Costs.

If you spent money remedying or addressing identity theft or fraud that was fairly traceable to the Data Breach, or if you spent money to protect yourself from future harm because of the Data Breach, you may make a claim for reimbursement of up to $10,000.00 in Fraud/Out-of-Pocket Costs. Fraud/Out-of-Pocket Costs consist of unreimbursed costs or losses incurred on or after October 9, 2021, including losses related to identity theft or fraud, which are fairly traceable to the Data Breach. For example, late fees, declined payment fees, overdraft fees, returned check fees, customer service fees, card cancellation or replacement fees, credit-related costs associated with purchasing credit reports, credit monitoring or identity theft protection, costs to place a freeze or alert on credit reports, and costs to replace a driver’s license, state identification card or a social security number. Other losses or costs fairly traceable to the Data Breach may also be eligible for reimbursement.

13.Has PPLA taken remedial measures in response to the data incident?

PPLA has agreed to implement certain reasonable steps to secure its systems and environments from future threats.

14.What is the total value of the Settlement?

PPLA has agreed to pay $6 million to resolve all claims brought in this Action. Plaintiffs conservatively estimate that the value of the Settlement Benefits conferred to the Settlement Class is likely in excess of $12 million, based on the amount of the Settlement Fund, the value of at least three years of Credit Monitoring and Identity Theft Insurance Services provided to Settlement Class Members, and the improvements to Defendant’s data security practices. The total value of the Settlement Benefits provided to the Class is $6,000,000.00 plus the estimated costs of Defendant’s business practice changes and an additional $4,414,549.73 for every one percent (1%) of Class Members receiving Credit Monitoring and Identity Theft Insurance Services, before excluding the cost of Credit Monitoring and Identity Theft Insurance Services. Therefore, if one percent (1%) of the Settlement Class enrolls in Credit Monitoring and Identity Theft Insurance Services, the total value of the Settlement Benefits offered to the Settlement Class is $12,365,403.73, before excluding the cost of Credit Monitoring and Identity Theft Insurance Services. Plaintiffs will provide the exact value of the Settlement prior to the Final Fairness Hearing based on the final number of claims submitted. PPLA takes no position with respect to the value of the Settlement.

The $6 million Settlement Fund will be used to provide the three years of Credit Monitoring and Insurance Services to each Settlement Class Member who submits a valid claim, a cash payment for Statutory Payment if applicable, an additional cash payment of up to $210.00 to each Settlement Class Member who submits a valid claim for Documented Time, and a cash payment of up to $10,000.00 to each Settlement Class Member who submits a valid claim for Fraud/Out-of-Pocket Costs. Any court-approved attorneys’ fees and costs; service awards to the Class Representatives; taxes due on any interest earned by the Settlement Fund, if necessary; and any notice and settlement administration expenses will be paid out of the Settlement Fund; and the balance (“Net Settlement Fund”) will be used to pay for the above benefits.

15.What am I giving up to get a Settlement payment or stay in the Settlement Class?

Unless you exclude yourself, you are choosing to remain in the Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Defendant or related parties about the legal issues in this Action that are resolved by this Settlement and released by the Class Action Settlement Agreement and Release (“Settlement Agreement”). The specific rights you are giving up are called Released Claims (see next question).

16.What are the Released Claims?

In exchange for the Settlement, Settlement Class Members agree to release Defendant PPLA and its respective predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, investors, owners, stockholders, partners, servants, agents, successors, attorneys, representatives, insurers, reinsurers, subrogees, and assigns of any of the foregoing, as well as Plaintiffs and Class Counsel (“Released Parties”) from all claims or causes of action, including causes of action in law, claims in equity, complaints, suits or petitions, and allegations of wrongdoing, demands for legal, equitable or administrative relief (including, but not limited to, claims for injunction, rescission, reformation, restitution, disgorgement, constructive trust, declaratory relief, compensatory damages, consequential damages, penalties, exemplary damages, breach of contract, breach of the duty to settle or indemnify, breach of the covenant of good faith and fair dealing, punitive damages, attorneys’ fees, costs, interest, expenses, or other potential claim), regardless of whether the claims or causes of action are based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or another source, that the Releasing Parties had or have (including, but not limited to, assigned claims) that have been or reasonably could have been asserted in the Action or in another action or proceeding before any court, arbitrator(s), tribunal or administrative body (including but not limited to any state, local or federal regulatory body) based on the same set of operative facts as alleged in the Complaint (“Released Claims”).

The Released Claims do not include claims against the cyber attacker(s) who committed the criminal acts involved in the Data Breach and persons or entities that intentionally misuse the information potentially compromised in the Data Breach for unlawful purposes.

More information is provided in the Settlement Agreement which is available here.

HOW TO GET SETTLEMENT BENEFITS — SUBMITTING A CLAIM FORM

17.How do I make a claim for Settlement Benefits?

Claim Forms may be submitted online here, printed from the website and mailed to the Settlement Administrator at the address on the form, or you may request one by emailing info@PPLASettlement.com or writing to In re Planned Parenthood Los Angeles Data Incident Litigation, P.O. Box 25414, Santa Ana, CA 92799. The quickest way to file a claim is online through the Settlement Website

If you received a postcard notice by mail or an email notice, please use your Claim Number and Last Name, located directly above your name, to file your Claim Form online. If you lost or do not know your Claim Number, please email info@PPLASettlement.com to obtain it. The deadline to complete and submit a Claim Form is July 6, 2024.

18.How do I make a claim for Credit Monitoring and Insurance Services?

If you received a postcard notice in the mail, you may use the Claim Form provided to file a claim for Credit Monitoring and Insurance Services. Simply provide your email address (required to obtain Credit Monitoring and Insurance Services), tear the Claim Form at the perforation, and place it in the mail postmarked on or before July 6, 2024. If you prefer not to provide your email address on the tear-away Claim Form mailed to you, you may instead submit a Claim Form online or mail a Claim Form to the Settlement Administrator.

Instructions for filling out a claim for Credit Monitoring and Insurance Services are included on the Claim Form. The deadline to file a claim for Credit Monitoring and Insurance Services is July 6, 2024. You may file a claim for Credit Monitoring and Insurance Services in addition to claims for Statutory Payment, Documented Time, and Fraud/Out-of-Pocket Costs.

19.How do I make a claim for a Statutory Payment?

If you received a Notice in the mail, you may use the Claim Form provided to file a claim for a cash payment for the claims brought under the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. To file a claim for a Statutory Payment, simply tear the Claim Form at the perforation, and place it in the mail postmarked on or before July 6, 2024. If you wish to receive your payment via electronic payment instead of a check, simply provide your email address (optional) on the Claim Form. If you would like to receive your payment via electronic payment, but would prefer not to provide your email address on the tear-away Claim Form mailed to you, you may instead submit a Claim Form online or mail a Claim Form to the Settlement Administrator.

Instructions for filling out a claim for Statutory Payment are included on the Claim Form. The deadline to file a claim for Statutory Payment is July 6, 2024. You may file a claim for Statutory Payment in addition to claims for Credit Monitoring and Insurance Services, Documented Time, and Fraud/Out-of-Pocket Costs.

20.How do I make a claim for a Cash Payment for Documented Time?

To file a claim for cash payment of up to $210.00 for Documented Time spent remedying or addressing issues fairly traceable to the Data Breach, you must submit a valid Claim Form electing to receive a payment for Documented Time. The Claim Form requires that you sign the attestation regarding the information you provided and that you include Reasonable Documentation, such as credit card statements, bank statements, invoices, telephone records, and receipts.

Instructions for filling out a claim for Documented Time are included on the Claim Form. The deadline to file a claim for Documented Time is July 6, 2024. You may file a claim for Documented Time in addition to claims for Credit Monitoring and Insurance Services, Statutory Payment, and Fraud/Out-of-Pocket Costs. If your claim for Documented Time is rejected by the Settlement Administrator and you do not correct it, you may still receive compensation for a Statutory Payment.

21.How do I make a claim for a Cash Payment for Fraud/Out-of-Pocket Costs?

To file a claim for a cash payment of up to $10,000.00 for reimbursement of Fraud/Out-of-Pocket Costs, you must submit a valid Claim Form electing to receive a payment for Fraud/Out-of-Pocket Costs. The Claim Form requires that you sign the attestation regarding the information you provided and that you include Reasonable Documentation, such as credit card statements, bank statements, invoices, telephone records, and receipts.

Instructions for filling out a claim for Fraud/Out-of-Pocket Costs are included on the Claim Form. The deadline to file a claim for Fraud/Out-of-Pocket Costs is July 6, 2024. You may file a claim for Fraud/Out-of-Pocket Costs in addition to claims for Credit Monitoring and Insurance Services, Statutory Payment, and Documented Time.

22.What happens if my contact information changes after I submit a claim?

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@PPLASettlement.com or by writing to In re Planned Parenthood Los Angeles Data Incident Litigation, P.O. Box 25414, Santa Ana, CA 92799.

23.When and how will I receive the benefits I claim from the Settlement?

If you make a valid claim for Credit Monitoring and Insurance Services, the Settlement Administrator will send you information on how to activate your credit monitoring after the Settlement becomes final. If you received a postcard notice in the mail, keep it in a safe place, as you will need the unique Claim Number provided on the postcard notice to activate your Credit Monitoring and Insurance Services at the TransUnion website.

24.What happens if money remains after all of the Settlement Claims are paid?

None of the money in the $6 million Settlement Fund will be paid back to Defendant. If there is any money left in the Settlement Fund 150 days after the distribution of payments to Settlement Class Members, a subsequent Settlement Payment will be evenly made to all Participating Settlement Class Members with Approved Claims, provided that the average check amount is equal to or greater than five dollars and no cents ($5.00). If the average check amount in a distribution would be less than five dollars and no cents ($5.00), the remaining Net Settlement Fund will be used to extend the Credit Monitoring and Insurance Services to Participating Settlement Class Members receiving that benefit for as long as possible. Any residual funds remaining in the Net Settlement Fund will not revert to PPLA and will be distributed to the Non-Profit Residual Recipient.

THE LAWYERS REPRESENTING YOU

25.Do I have a lawyer in this case?

Yes, the Court has appointed as Class Counsel, Co-Lead Counsel Daniel S. Robinson of Robinson Calcagnie, Inc. and Adam E. Polk of Girard Sharp LLP, and Liaison Counsel Abbas Kazerounian of Kazerouni Law Group, APC, to 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 Action.

26.How will Class Counsel be paid?

Class Counsel will file a motion asking the Court to award them attorneys’ fees and expenses of up to $2,400,000.00. They will also ask the Court to approve $1,500.00 service awards to each of the six Class Representatives for participating in this Action and for their efforts in achieving the Settlement. If awarded, these amounts will be deducted from the Settlement Fund before making payments to Settlement Class Members. The Court may award less than these amounts.

Class Counsel’s application for attorneys’ fees, expenses, and service awards will be made available on this website before the deadline for you to comment or object to the Settlement. You can also request a copy of the application by contacting the Settlement Administrator by emailing info@PPLASettlement.com.

EXCLUDING YOURSELF FROM THE SETTLEMENT

27.How do I exclude myself from the Settlement?

To exclude yourself from the Settlement, you must complete and sign a Request for Exclusion. The Request for Exclusion must identify the case name In re Planned Parenthood Los Angeles Data Incident Litigation, Lead Case No. 21STCV44106; include your name and current mailing address, telephone number, and email address; a statement that you want to be excluded from the Settlement; and your signature. The Request for Exclusion must be addressed to the Settlement Administrator at the address below and postmarked no later than June 6, 2024.

You cannot exclude yourself online, by telephone, or by email.

28.If I exclude myself, can I still get Credit Monitoring and Insurance Services and a cash payment?

No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement. The only way to obtain settlement benefits including Credit Monitoring and Insurance Services and a cash payment is to remain a Settlement Class Member and submit a valid Claim Form.

29.If I do not exclude myself, can I sue the Defendant for the same thing later?

No. Unless you exclude yourself, you give up any right to sue the Defendant and Released Parties for the claims that this Settlement resolves. You must exclude yourself from this Action to start or continue your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Parties. If you have a pending lawsuit, consult with your attorney in that case immediately.

OBJECT TO OR COMMENT ON THE SETTLEMENT

30.How do I tell the Court that I do not like the Settlement?

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not agree with any part of it. You can give reasons why you think the Court should deny approval by submitting an objection. To object, you can do so in writing, in person, or through counsel, at your own expense, at the Fairness Hearing.

If you object in writing, you must mail the objection before June 6, 2024, with the caption In re Planned Parenthood Los Angeles Data Incident Litigation, Lead Case No. 21STCV44106, and include: (i) your full name, current mailing address, telephone number, and email address; (ii) a concise statement for the reasons for your objection; and (iii) your signature.

The objection must be postmarked no later than June 6, 2024, and mailed first-class postage prepaid to the Settlement Administrator and Class Counsel at the following addresses:

The Court will hear from any Class Member who attends the Fairness Hearing and asks to speak regarding his or her objection, regardless of whether they have complied with the above procedures.

Counsel for the Parties will submit the objections to the Court with the Final Approval Papers.

Class Counsel will file their request for attorneys’ fees, reimbursement of litigation costs, and Service Award for the Class Representative with the Court, which will also be posted on this website.

31.What is the difference between objecting and requesting exclusion?

Objecting is informing the Court you do not like something about the Settlement. You can object only if you stay in the Settlement Class (that is, do not exclude yourself). Requesting exclusion is informing the Court you do not want to be part of the Settlement Class or participate in the Settlement. If you exclude yourself, you cannot object to the Settlement.

THE FINAL FAIRNESS HEARING

32.When and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Fairness Hearing on August 8, 2024 at 10:00 a.m. before the Honorable Yvette M. Palazuelos, Superior Court of the State of California, County of Los Angeles, Complex Civil, 312 North Spring Street, Los Angeles, CA 90012.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and decide whether to grant final approval of the Settlement, approve Class Counsel’s application for attorneys’ fees and expenses as well as service awards to the Class Representatives. If there are objections, the Court will consider them. The Court will also hear from people who have asked to speak at the hearing.

33.Do I have to come to the Final Fairness Hearing?

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file and mail an objection, you do not have to attend the hearing. As long as you file and mail your written objection on time and as set forth above, it will be considered by the Court.

34.May I speak at the Final Fairness Hearing?

Yes. The Court will hear from any Class Member who attends the Fairness Hearing and asks to speak regarding his or her objection.

If you filed an objection, you should indicate whether you intend to appear in your objection (see Question 29). Your objection should state whether it is your intention to appear at the Final Fairness Hearing and should identify any witnesses you may call to testify or exhibits you intend to introduce into evidence at the Final Fairness Hearing. If you plan to have your attorney speak for you at the Final Fairness Hearing, your objection should also include your attorney’s name, address, and phone number.

IF YOU DO NOTHING

35.What happens if I do nothing at all?

If you are a Settlement Class Member and you do nothing, you will remain a member of the Settlement Class but will not receive any Settlement benefits. You will also give up rights explained in Questions 15 and 16, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant or any of the Released Parties about the legal issues in this Action and released by the Settlement Agreement.

GETTING MORE INFORMATION

36.How do I get more information?

Complete details are provided in the Settlement Agreement itself. The Settlement Agreement and other related documents are available on the homepage under Case Documents or by writing to In re Planned Parenthood Los Angeles Data Incident Litigation, P.O. Box 25414, Santa Ana, CA 92799. Publicly-filed documents can also be obtained by visiting the office of the Clerk of the Los Angeles County Superior Court or reviewing the Court’s online docket.

If you have questions, you may contact Class Counsel at:

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE. THE COURT CANNOT ANSWER ANY QUESTIONS.