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The Court authorized this website to inform you about a proposed Settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment, identity-theft protection and credit monitoring as part of the Settlement. This website explains the lawsuit, the Settlement, and your legal rights.
Judge Judith H. Ramseyer of the Superior Court of the State of Washington in and for the King County is overseeing this class action. The case is called Garcia, et al. v. Washington Department of Licensing, Case No. 22-2-05635-5 SEA (Wash. Super. Ct.) (the “Action”).
Amy Garcia, Anthony Gibbons, Taylor Riley-Gibbons, Tony Myhre, and Hansa Thomas are the Plaintiffs or Settlement Class Representatives. The company they sued, Washington State Department of Licensing, is the Defendant.
A class action is a lawsuit in which one or more plaintiffs—in this case, Amy Garcia, Anthony Gibbons, Taylor Riley-Gibbons, Tony Myhre, and Hansa Thomas—sue on behalf of a group of people who have similar claims. Together, this group is called a “Settlement Class” and consists of “Settlement Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes.
The Plaintiffs claim that Defendant failed to implement and maintain reasonable security measures necessary to protect Private Information that it maintained on its computer systems for professional licensees in the State of Washington, in order to prevent the Data Breach from occurring.
Defendant denies that it is or can be held liable for the claims made in the lawsuit. More information about the complaint in the lawsuit and Defendant’s responses can be found in the Documents section of this website.
The Court has not decided whether the Plaintiffs or Defendant should win this case. Instead, both sides agreed to this Settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class Members will get compensation now rather than years later—if ever. The Settlement Class Representatives and Class Counsel, attorneys for the Settlement Class Members, agree the Settlement is in the best interests of the Settlement Class Members. The Settlement is not an admission of wrongdoing by Defendant.
You are part of the Settlement as a Settlement Class Member if your personal information was compromised in the Data Breach disclosed by the Washington State Department of Licensing in February 2022. Eligible Settlement Class Members will have been mailed notice of their eligibility (including from Garcia v. Washington State DOL, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391), and Settlement Class membership will be verified against that mailed list. If you are still not sure whether you are included, you can contact the Settlement Administrator by calling toll-free at 1-833-747-6403 or by visiting the Contact page of this website.
1. This Settlement Class does not include: (a) DOL and its officers and directors; (b) all Settlement Class Members who timely and validly submit requests for exclusion from the Settlement Class; (c) 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 (d) members of the judiciary to whom this case is assigned, their families, and members of their staff.
This Settlement provides eligible Settlement Class Members with: (1) up to $7,500 per person in reimbursement for Out-of-Pocket Losses 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 Loss 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.
Finally, if the costs of Settlement Payments, identity theft protection, settlement administration, service awards to Settlement Class Representatives, and the Fee Award and Costs do not exceed $3,600,000, all remaining funds may be distributed on a pro rata basis, up to an additional $300 for each claimant, to all Settlement Class Members who submitted a Valid Claim.
6.A. Who May Recover for Out-of-Pocket Losses and for How Much?
6.B. Who May Receive Identity-Theft Protection and Credit Monitoring?
a) Dark web monitoring;
b) Identity restoration and recovery services; and
c) $1,000,000 identity theft insurance with no deductible.
Maximum Settlement Contribution: Under this Settlement, the maximum total amount Defendant may be required to pay is $3,600,000. This will be used to fund Settlement Payments or Settlement Checks, identity-theft protection and credit monitoring services, Settlement Administration Costs, Service Award Payments to named Plaintiffs, and the Attorneys’ Fee Award and Costs. In the event that Settlement Payments or Settlement Checks, Identity-Theft Protection and Credit Monitoring services, Settlement Administration Costs, Service Awards to Named Plaintiffs, and Attorney’s Fees and costs exceed $3,600,000, all class member payments will be reduced on a pro rata basis. If Settlement Payments or Settlement Checks, Identity-Theft Protection and Credit Monitoring, Settlement Administration Costs, Service Awards to Named Plaintiffs, and the Fee Award and Costs do not exceed $3,600,000, all remaining funds may be distributed on a pro rata basis, up to an additional $300 for each claimant, to all Settlement Class Members who submitted a Valid Claim.
To qualify for a Settlement benefit, you must complete and submit a Claim Form. Settlement Class Members who want to submit a Claim must fill out and submit a Claim Form online at here or by USPS mail. Claim Forms are only available through this Settlement Website .
Claims will be subject to a verification process. You will need the Class Member ID provided on the front of your Postcard Notice to fill out a Claim Form. All Claim Forms must be received online or postmarked on or before October 9th, 2023.
The hearing to consider the fairness of the Settlement is scheduled for September 29th, 2023 at 10:00 a.m. PT. If the Court approves the Settlement, eligible Settlement Class Members whose Claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible Claims will be paid to Settlement Class Members electronically unless a Settlement Class Member chooses to receive payment by written check. All checks will expire and become void 120 days after they are issued.
Yes, the Court has appointed Kim D Stephens, P.S. and Kaleigh N. Boyd of Tousley Brain Stephens PLLC, Timothy Emery of Emery Reddy, PLLC, and M. Anderson Berry of Clayeo C. Arnold, A Professional Corp. as “Class Counsel” to represent the Settlement Class.
Should I get my own lawyer?
You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.
Class Counsel will file a Fee Application for an award of attorneys’ fees and litigation costs and expenses to be paid from the Settlement Fund. Class Counsel will ask the Court to approve, and DOL agrees not to oppose, an award of Attorneys’ Fees of up to 30 percent of the Settlement Fund ($1,080,000), plus costs and expenses, to be paid from the Settlement Fund. Class Counsel will also request Service Award Payments of up to $6,000 for each of the Settlement Class Representatives. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Settlement Class Representatives. The Court may award less than the amounts requested. Whether the Settlement will be finally approved does not depend on whether or how much the Court awards in attorneys’ fees, costs, and expenses or service awards.
If you do not exclude yourself from the Settlement, you will not be able to sue the Defendant or certain entities related to Defendant about the issues in this case, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included release. This is true regardless of whether you submit a Claim Form. You can read the Settlement Agreement in the Documents section of this website. However, you may exclude yourself from the Settlement (see Question 14). If you exclude yourself from the Settlement, you will not be bound by any of the terms of the Settlement.
“Released Claims” means any and all claims or causes of action of every kind and description, including any causes of action in law, claims in equity, complaints, suits or petitions, and any allegations of wrongdoing, demands for legal, equitable or administrative relief (including, but not limited to, any claims for injunction, rescission, reformation, restitution, disgorgement, constructive trust, declaratory relief, compensatory damages, consequential damages, penalties, exemplary damages, punitive damages, attorneys’ fees, costs, interest or expenses) that the Releasing Parties had, have or may claim now or in the future to have (including, but not limited to, assigned claims and any and all “Unknown Claims” as defined below) that were or could have been asserted or alleged arising out of the same nucleus of operative facts as any of the claims alleged or asserted in the Action, including but not limited to the facts, transactions, occurrences, events, acts, omissions, or failures to act that were alleged, argued, raised or asserted in any pleading or court filing in the Action. The Released Claims include the release of Unknown Claims.
The Settlement Agreement in Section II, paragraph 36 and Section XIII, paragraphs 84–85, describe the release, Released Claims, and Unknown Claims in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available in the Documents section of this website or in the public court records on file in this lawsuit. For questions regarding Releases and what they mean, you can also contact one of the lawyers listed in Question 9 for free, or you can talk to your own lawyer at your own expense.
The Released Claims do not include any claims arising from or relating to any conduct by Defendant after the date the Agreement is executed. The Released Claims shall also not include the right of named Plaintiffs, any Settlement Class Member, or any Releasing Party to enforce the terms of the Settlement Agreement.
If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Breach. You will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant or certain entities related to the Defendants for the claims or legal issues resolved in this Settlement.
If you exclude yourself from the Settlement, you will receive no benefits or payment under the Settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s judgments related to the Settlement Class and Defendant in this class action.
You can ask to be excluded from the Settlement. To do so, you must send a letter or exclusion form stating: (1) the name of the proceeding, Garcia, et al. v. Washington Department of Licensing, Case No. 22-2-05635-5 SEA (Wash. Super. Ct.); (2) your full name; (3) your current address; (4) your personal signature; and (5) the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. You must mail your exclusion request, postmarked no later than August 9th, 2023, to the following address:
Garcia v. Washington State DOL
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.
No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this Settlement even if you do nothing.
No. If you exclude yourself, do not submit a Claim Form to ask for a payment.
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 of the Settlement by filing an objection. To object, you must file written notice with the Court stating that you object to the Settlement in Garcia, et al. v. Washington Department of Licensing, Case No. 22-2-05635-5 SEA (Wash. Super. Ct.), no later than August 9th, 2023. Your objection should be filed with the Court, which you can do by mailing your objection and any supporting documents to the Superior Court of the State of Washington in and for the King County at the following address:
If you are represented by a lawyer, the lawyer may file your objection through the Court’s e-filing system. If you are represented by an attorney, you must include the identity of any and all attorneys representing you in the objection.
The objection must be in writing and include the case name, Garcia, et al. v. Washington Department of Licensing, Case No. 22-2-05635-5 SEA (Wash. Super. Ct.). Your objection must also include the following information: (1) your full name, current mailing address, telephone number, and email address; (2) a written statement of the specific grounds for the objection, as well as any legal basis and documents supporting the objection; (3) a written statement of the specific grounds for the objection, as well as any legal basis and documents supporting the objection; (4) the identity of any and all attorneys representing the objector; (5) a statement regarding whether the objector (or his or her attorney) intends to appear at the Final Approval Hearing; and (6) the signature of the objector or his or her attorney.
In addition to filing your objection with the Court, you must also mail copies of your objection and any supporting documents to both Class Counsel and Defendant’s lawyers at the addresses listed below, postmarked no later than August 9th, 2023.
Kim D. Stephens
Kaleigh N. Boyd
Tousley Brain Stephens P.L.L.C
1200 Fifth Avenue, Ste 1700
Seattle, WA 98101-3147
Emery Reddy, PLLC
600 Stewart Street Suite 1100
Seattle, WA 98101
M. Anderson Berry
Clayeo C. Arnold, A Professional Corp.
865 Howe Avenue
Sacramento, CA 95825
Shook, Hardy & Bacon, L.L.P
555 Mission St, Suite 2300
San Francisco, CA 94105
Class Counsel will file their request for attorneys’ fees, costs, and expenses and Service Award Payments for the Settlement Class Representatives with the Court, which will also be posted in the Documents section of this Settlement Website.
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court will hold the Final Approval Hearing on September 29th, 2023 at 10:00 a.m. PT at the King County Superior Courthouse, 401 4th Avenue N, Courtroom 4B, Kent, Washington 98032. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award Payments to the Settlement Class Representatives.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this Settlement Website, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.
No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.
Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement.
This website summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available in the Documents section of this website.
YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR ONLINE ON THE CONTACT PAGE OF THIS WEBSITE, BY CALLING TOLL-FREE AT, 1-833-747-6403 OR WRITING TO: