Douglas, et al. v. PurFoods, LLC

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• A proposed $4,250,000.00 settlement has been reached in a class action lawsuit known as Douglas et al v. PurFoods, Inc., Case No. 4:23-cv-00332-RGE-SBJ (“Litigation”), filed in the United States District Court for the Southern District of Iowa.
• This Litigation alleges that between January 16, 2023 and February 22, 2023, PurFoods was affected by a cyberattack in which some personal information regarding some of PurFoods’ customers, employees, and/or independent contractors may have been accessed, stolen, or compromised (the “Data Incident”). In August and September of 2023, PurFoods sent notice of the Data Incident to 1,249,219 individuals. Plaintiffs filed this lawsuit on behalf of a class of those individuals asserting claims based on harms they allege to have suffered as a result of the Data Incident.  PurFoods disagrees with Plaintiffs’ claims and denies any wrongdoing.
• All Settlement Class Members can receive the following benefits from the settlement: compensation for up to $5,000.00 of their unreimbursed documented losses or a Cash Award, plus Credit Monitoring and Insurance Services.
  • Documented Loss Payment: Each Settlement Class Member may submit a claim for a Settlement Payment of up to $5,000.00 for reimbursement in the form of a Documented Loss Payment. Documented losses must be reasonably related to the Data Incident or to mitigating the effects of the Data Incident, and may include, but are not limited to: (i) unreimbursed losses relating to fraud or identity theft; (ii) professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; (iii) costs associated with freezing or unfreezing credit with any credit reporting agency; and (iv) unreimbursed bank fees, long distance phone charges, postage, or gasoline for local travel. 
  • Cash Award: Each Settlement Class Member may, instead of making a claim for a Documented Loss Payment as described above, make a claim for a Cash Award, which will be calculated pro rata based on the amount remaining in the Settlement Fund after Documented Loss Payments and other expenses are paid. The Cash Award is estimated to be approximately $75.00. A Cash Award shall not exceed $5,000.00.
  • Credit Monitoring and Insurance Services: Each Settlement Class Member who submits a valid and timely Claim Form may elect to receive three (3) years of three-bureau Credit Monitoring and Insurance Services regardless of whether they also make a claim for a Settlement Payment.
• Included in this settlement as Settlement Class Members are:
  • All residents of the United States who were sent notice that their personal information may have been accessed, stolen, or compromised as a result of the Data Incident. 
  • Excluded from the Settlement Class are: (i) PurFoods and its respective officers and directors; (ii) any Person who would otherwise be a member of the Settlement Class but who timely and validly requests exclusion from the Settlement Class; (iii) the Judge and Magistrate Judge assigned to evaluate the fairness of this settlement, the Court’s staff, and the Court’s immediate family members; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contendere to any such charge.

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