Garcia, et al. v. Washington Department of Licensing
Case No. 22-2-05635-5-SEA
If you are an individual whose personal information was compromised in the Data Breach disclosed by the Washington State Department of Licensing in February 2022, a Class Action Settlement may affect your rights. A Washington State Superior Court authorized this website. You are not being sued.
This is not a solicitation from a lawyer.
A Settlement has been reached in a class action lawsuit concerning Washington State Department of Licensing (also known as “DOL”) and a data breach (the “Data Breach”) that was disclosed by DOL in February 2022. In the Data Breach, Private Information for approximately 545,901 professional licensees was stolen from POLARIS, including licensees’ names, email addresses, Social Security Numbers, dates of birth, and/or driver’s license or state identification numbers.
The lawsuit is titled Garcia, et al. v. Washington Department of Licensing, Case No. 22-2-05635-5 SEA and is pending in the Superior Court of the State of Washington in and for the King County. The lawsuit asserts claims related to the Data Breach. The Defendant in the lawsuit is the Washington State Department of Licensing (“DOL” or “Defendant”). Defendant denies it is or can be held liable for the claims made in the lawsuit. The Settlement does not establish who is correct, but rather is a compromise between the Parties to end the lawsuit.
Members of the Settlement Class are all individuals whose personal information was compromised in the Data Breach disclosed by the Washington State Department of Licensing in February 2022. The Settlement Class specifically excludes: (i) DOL and its officers and directors; (ii) all Settlement Class Members who timely and validly submit Requests for Exclusion from the Settlement Class; (iii) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Breach or who pleads nolo contendre to any such charge; and (iv) members of the judiciary to whom this case is assigned, their families, and members of their staff.
Settlement Class Members are eligible to receive the following relief: (1) up to $7,500, per person, in reimbursement for Out-of-Pocket Losses stemming from the Data Breach, consisting of actual documented and unreimbursed costs, expenses and losses or charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of Settlement Class Member’s personal information; (2) costs incurred on or after January 16, 2022 (or the earliest verifiable date the Data Breach occurred) associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; (3) other miscellaneous expenses incurred related to any Out-of-Pocket Losses such as notary, fax, postage, copying, mileage, and long-distance telephone charges; (4) credit monitoring or other mitigating costs that were incurred on or after January 16, 2022 (or the earliest verifiable date the Data Breach occurred) through the date of the Settlement Class Member’s claim submission; and (5) reimbursement for up to 4 hours of time spent remedying issues related to the Data Breach at $35 per hour. The Settlement also provides eligible Settlement Class Members with the right to enroll in two years of identity-theft protection and credit monitoring services that will include a combination of the following available features: (1) dark web monitoring; (2) identity restoration and recovery services; and (3) $1,000,000 in identity theft insurance with no deductible. The Settlement Administrator will post additional information about the payment amount on this website. Defendant has also agreed to enact reasonable and appropriate remedial measures/security enhancements. For complete details, please see the Settlement Agreement, whose terms control, available on the Documents section of this website.
Your legal rights are affected regardless of whether you act or do not act. Please read this website carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM
This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form is October 9, 2023.
EXCLUDE YOURSELF FROM THE SETTLEMENT
By asking to be excluded, you will not share in this Settlement. This is the only option that allows you to keep any rights to sue Defendant about the same legal claims in this lawsuit. The deadline to exclude from the Settlement is August 9, 2023.
OBJECT TO THE SETTLEMENT
Write to the Court explaining why you do not agree with the Settlement. The deadline to object is August 9, 2023.
ATTEND THE FINAL APPROVAL HEARING
You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on September 29th, 2023 at 10:00 a.m. PT. at King County Superior Courthouse, 401 4th Avenue N, Courtroom 4B, Kent, WA 98032.
By doing nothing, you forfeit the opportunity to receive any compensation and you give up any rights to sue Defendant, and certain parties related to Defendant, about the claims that have been or could have been asserted based on the facts alleged in this lawsuit.
These rights and options—and the deadlines to exercise them—are explained on this website. For complete details, please see the Settlement Agreement, whose terms control, available in the Documentssection of this website.
The Court in charge of this case still has to decide whether to approve the Settlement. No Settlement benefits or payments will be provided unless the Court approves the Settlement and it becomes Final.
Visite este sitio web para obtener una copia de este aviso en español.
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Garcia v. Washington State DOL c/o Kroll Settlement Administration LLC P.O. Box 225391 New York, NY 10150-5391
Wednesday, August 9, 2023
You must complete and mail your Request for Exclusion so that it is postmarked no later than Wednesday, August 9, 2023.
Wednesday, August 9, 2023
You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Wednesday, August 9, 2023.
Claim Form Deadline
Monday, October 9, 2023
You must submit your Claim Form online no later than Monday, October 9, 2023, or mail your completed paper Claim Form so that it is postmarked no later than Monday, October 9, 2023.
Final Approval Hearing Date
Friday, September 29, 2023
The Final Approval Hearing is scheduled for Friday, September 29, 2023 at 10:00 a.m. PT. Please check this website for updates.