Frequently Asked Questions
- What is this lawsuit about?
- Why is this lawsuit a class action?
- Why is there a settlement?
- How do I know if I am part of the Settlement Class?
- What if I am not sure whether I am included in the Settlement Class?
- What does the Settlement provide?
- What payments are available for reimbursement of documented out-of-pocket expenses and time spent?
- What identity theft protection services are available?
- How do I get a benefit offered under the Settlement?
- How will claims be decided?
- When will I get my benefit offered under the Settlement?
- What am I giving up as part of the Settlement?
- If I exclude myself, can I get a benefit offered under this Settlement?
- If I do not exclude myself, can I sue Aveanna for the same thing later?
- How do I exclude myself from the Settlement?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting and asking to be excluded?
- Do I have a lawyer in this case?
- How will the lawyers and Plaintiffs be paid?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the hearing?
- May I speak at the hearing?
- What happens if I do nothing?
- What is this lawsuit about?
The Action claims that Aveanna was responsible for the Security Incident and asserts claims such as: negligence, intrusion into private affairs or invasion of privacy, breach of express contract, breach of implied contract, negligence per se, breach of fiduciary duty, breach of confidence, and a second claim for breach of express contract.
Aveanna denies these claims and says it did not do anything wrong. No court or other judicial entity has made any judgment or other determination that Aveanna has any liability on these claims or did anything wrong.
Top - Why is this lawsuit a class action?
In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class and the individuals are called Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the class. In the Action, the “Class” includes all persons whose PII was received by, gathered by, shared with, obtained by, or otherwise came into the possession of Aveanna and was potentially compromised in the Security Incident.
Top - Why is there a settlement?
The Court has not decided in favor of the Plaintiffs or Aveanna. Instead, both sides agreed to a settlement. A settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Settlement Class. The Plaintiffs who have been appointed to represent the class (the “Representative Plaintiffs,” see Question 20), and the attorneys who represent the class (“Class Counsel,” see Question 19), think the Settlement is fair, adequate, and reasonable.
Top - How do I know if I am part of the Settlement Class?
You are a member of the “Settlement Class” and affected by the Settlement if your PII was potentially compromised in the Security Incident and you are not specifically excluded from the Settlement Class. Specifically excluded from the Settlement Class are: (i) all persons whose PII was potentially compromised in the Security Incident who timely and validly request exclusion from the Settlement Class; and (ii) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Security Incident or who pleads nolo contendere to any such charge.
Top - What if I am not sure whether I am included in the Settlement Class?
If you received notice from Aveanna that your PII may have been compromised in the Security Incident, then you are included in the Settlement Class. Even if you did not receive any such notice from Aveanna, you are included in the Settlement Class if your PII may have been compromised in the Security Incident. If you are not sure whether you are included in the Settlement Class, you may call 1-844-594-2507 with questions.
ou may also write with questions to Aveanna’s Settlement Administrator, Aveanna Healthcare Class Action Settlement Administrator, P.O. Box 8060, San Rafael, CA 94912-8060.
Top - What does the Settlement provide?
The Settlement provides that Aveanna will fund up to a total of $800,000 in payments on approved claims for
(a) reimbursement for documented out-of-pocket expenses incurred as a result of the Security Incident and reimbursement for time spent responding to the Security Incident (see Question 8), and (b) the cost of free identity theft protection services (see Question 9). Such benefits are subject to pro-rata reduction as needed to prevent Aveanna’s payment obligation on approved claims from exceeding the $800,000 payment cap, and Aveanna shall retain any amounts not required for payment of approved claims. Aveanna has also agreed to separately pay Plaintiffs’ attorneys’ fees, costs and/or expenses in an amount not to exceed $357,500 (see Question 20) and the costs of notifying the class of the Settlement and administering the Settlement.The Settlement also provides that Aveanna will provide counsel for the Plaintiffs with information as to the security enhancements it has implemented since the Security Incident and will conduct a third-party security risk assessment.
Top - What payments are available for reimbursement of documented out-of-pocket expenses and time spent?
Settlement Class Members are each eligible to receive reimbursement of up to $10,000 (in total) for:
a) Documented, unreimbursed out-of-pocket expenses incurred as a result of the Security Incident, such as:
• losses relating to fraud or identity theft;
• professional fees including attorneys’ fees;
• accountants’ fees, and fees for credit repair services;
• costs associated with freezing or unfreezing credit with any credit reporting agency;
• credit monitoring costs that were incurred on or after mailing of the notice of the Security Incident, through the date of claim submission;
• miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.
b) Time spent remedying issues relating to the Security Incident, in the amount of up to five hours of undocumented time spent, and up to five hours of documented time spent, in each case calculated at the rate of $25 per hour.
Top - What identity theft protection services are available?
Regardless of whether you submit a claim for documented out-of-pocket expenses or for time spent (see Question 8), all Settlement Class Members are eligible to enroll in up to five years of identity theft protection service provided by Equifax, namely, Equifax Complete Premier, which provides credit file monitoring at all three major credit bureaus, identity restoration services, and identity theft insurance.
Top - How do I get a benefit offered under the Settlement?
To receive a benefit offered under the Settlement, you must complete and submit a Claim Form. Claim Forms are available at www.AveannaHealthcareclassactionsettlement.com or by calling 1-844-594-2507. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it online or mail it postmarked no later than
October 22, 2022 to:Aveanna Healthcare Class Action Settlement Administrator
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P.O. Box 8060
San Rafael, CA 94912-8060 - How will claims be decided?
The Settlement Administrator will initially decide whether the information provided on each Claim Form is complete and valid. The Settlement Administrator may require additional information. If you do not provide in a timely manner any additional information requested by the Settlement Administrator, your claim will be considered invalid and you will not receive the benefit offered under the Settlement to which the Settlement Administrator’s request related.
Approved Claims are those submitted in a timely manner and found to be valid by and for such benefits as are approved by the Settlement Administrator.
Top - When will I get my benefit offered under the Settlement?
The Court will hold a hearing on October 18, 2022 to decide whether to approve the Settlement. If the Court approves the Settlement after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.
Top - What am I giving up as part of the Settlement?
If the Settlement becomes final and you do not exclude yourself from the Settlement Class, you will be a Settlement Class Member and you will give up your right to sue Aveanna and certain other persons for certain claims arising out of or relating to the Security Incident. The specific claims being released by Settlement Class Members under the Settlement are described below and in the “Release” section (¶ 7.1) of the Settlement Agreement. Capitalized terms in the below “Plaintiffs’ Release” are defined in the Settlement Agreement. If you have any questions you can talk to the law firms listed in Question 19 for free or you can, of course, talk to your own lawyer.
Plaintiffs’ Release
Upon the Effective Date, each Settlement Class Member, including Representative Plaintiffs, shall be deemed to have, and by operation of the Judgment shall have, completely, fully, finally, irrevocably, and forever released, relinquished, and discharged all Released Claims. Further, upon the Effective Date, and to the fullest extent permitted by law, each Settlement Class Member, including Representative Plaintiffs, shall, either directly, indirectly, representatively, as a member of or on behalf of the general public or in any capacity, be permanently barred and enjoined from commencing, prosecuting, or participating in any recovery in any action in this or any other forum in which any of the Released Claims are asserted.
Top - If I exclude myself, can I get a benefit offered under this Settlement?
No. If you exclude yourself you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in the Action.
Top - If I do not exclude myself, can I sue Aveanna for the same thing later?
No. Unless you exclude yourself, you give up any right to sue Aveanna (and certain other persons) for the claims that the Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in the Action. If you exclude yourself, do not submit a Claim Form to ask for any benefit under the Settlement.
If you are requesting exclusion because you want to bring your own lawsuit based on the matters alleged in the Action, you may want to consult an attorney and discuss whether any individual claim that you may wish to pursue would be time-barred by the applicable statutes of limitations or repose.
Top - How do I exclude myself from the Settlement?
To exclude yourself, send a letter that states you want to be excluded from the Settlement in the Action, Purvis, et al. v. Aveanna Healthcare, LLC, Case No. 1:20-cv-02277-LMM. Include your name, address, and signature. You must mail your exclusion request postmarked by September 22, 2022, to:
Aveanna Healthcare Class Action ExclusionsP.O. Box 8060
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San Rafael, CA 94912-8060 - How do I tell the Court that I do not like the Settlement?
You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision whether to approve the Settlement. To object, you must file a written objection in the Action, Purvis, et al. v. Aveanna Healthcare, LLC, Case No. 1:20-cv-02277-LMM, with the Court, and mail copies to Class Counsel and Defense Counsel, as defined below, at the addresses below.
Your objection must state: (1) your full name, address, telephone number, and email address (if any); (2) information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class; (3) a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable; (4) the identity of all counsel representing you; (5) the identity of all counsel representing you who will appear at the final fairness hearing; (6) a list of all persons who will be called to testify at the final fairness hearing in support of the objection; (7) a statement confirming whether you intend to personally appear and/or testify at the final fairness hearing; and (8) your signature and the signature of your duly-authorized attorney or other duly-authorized representative (along with documentation setting forth such representation), if applicable.
To be considered, your objection must be filed with the Clerk of the Court for the United States District Court for the Northern District of Georgia no later than September 22, 2022. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel, postmarked no later than September 22, 2022:
TopCourt
Class Counsel
Defense Counsel
Clerk of the Court
United States District Court
75 Ted Turner Drive
Atlanta, GA 30303
David Lietz
Milberg Coleman Bryson Phillips
Grossman, PLLC5335 Wisconsin Avenue NW
Suite 440
Washington, DC 20015
Douglas H. Meal
Orrick, Herrington & Sutcliffe LLP
222 Berkeley Street, Suite 2000
Boston, MA 02116
- What is the difference between objecting and asking to be excluded?
Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a member of the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any benefit offered under the Settlement. If you exclude yourself, you have no basis to object because you are no longer a member of the Settlement Class and the Settlement no longer affects you.
Top - Do I have a lawyer in this case?
Yes. The Court appointed David K. Lietz and Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC as “Class Counsel” to represent the Class. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers and Plaintiffs be paid?
Class Counsel will ask the Court for an award for attorneys’ fees, costs, and/or expenses in an amount up to $357,500. Any award for attorneys’ fees, plus reasonable costs and expenses, would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving the Settlement and for their risk in undertaking this representation on a wholly contingent basis.
Class Counsel will also ask the Court for a service award up to $2,500 each for Teairra Purvis, her minor child, J.A., and Aramah Johnson, the individuals named as Plaintiffs in the complaint filed in this action (the “Representative Plaintiffs”). These service awards will be payable if and only if the holding in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir. Sept. 17, 2020) is reversed prior to the final fairness hearing.
Any award of attorneys’ fees, costs and/or expenses for Class Counsel, and service awards to the Representative Plaintiffs, must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s papers in support of final approval of the Settlement and their application for attorneys’ fees, costs and/or expenses, and service awards will be filed no later than October 4, 2022 and will be posted on the Settlement Website.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a final fairness hearing at 10:00 a.m. on October 18, 2022, at the Richard B. Russell Federal Building and United States Courthouse, Courtroom 2107, 75 Ted Turner Drive, Atlanta, GA 30303. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for service awards for the Representative Plaintiffs. After the hearing. the Court will decide whether to approve the Settlement. It is not certain how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check www.AveannaHealthcareclassactionsettlement.com or call 1-844-594-2507.
Top - Do I have to attend the hearing?
No. Class Counsel will present the Settlement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 17, the Court will consider it.
Top - May I speak at the hearing?
You may ask the Court for permission to speak at the final fairness hearing. To do so, you must file an objection according to the instructions in Question 17, including all the information required. Your objection must be filed with the Clerk of the Court for the United States District Court for the Northern District of Georgia no later than September 22, 2022. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel listed in Question 17, postmarked no later than September 22, 2022.
Top - What happens if I do nothing?
If you do nothing you will not get any benefit offered under this Settlement and after the Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit, against Aveanna and certain other persons about the Security Incident, ever again.
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