Chapman v. Insight Global, LLC

In response to the COVID-19 pandemic, the Commonwealth of Pennsylvania’s Department of Health entered into a contract with Insight Global. Under that contract, Insight Global agreed to conduct a state-wide, contact-tracing initiative. Plaintiff alleges that Insight Global’s contact tracers input certain information in publicly accessible Google documents for a limited period of time (“the “Data Incident”). The impacted information allegedly may have consisted of names of individuals who may have been exposed to COVID-19, if they experienced symptoms, information about number of members in household, email addresses and telephone numbers, and information to address any social support services needs.

No court or other entity has determined that Insight Global committed any wrongdoing or violated any law. By entering the Settlement, Defendant is not admitting any wrongdoing or liability.

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

The proposed Representative Plaintiff in this case is the Plaintiff, Lisa Chapman.

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

You are a Settlement Class Member if you were one of the individuals residing in the United States whose personal information was or may have been compromised in the Data Incident that is the subject of a Notice of Data Event Related to Pennsylvania Contact Tracing that Insight Global sent to Plaintiff and others in the same form on or around April 29, 2021.

Yes. Excluded from the Settlement Class are

• Insight Global and its officers and directors;
• all Settlement Class Members who timely and validly request exclusion from the Settlement Class;
• the Judge assigned to evaluate the fairness of this Settlement; and
• the attorneys representing the Parties in the Litigation.

If you are still not sure whether you are a Settlement Class Member, you may call the Claims Administrator’s toll-free number at 1-888-279-4405.

If you are a Settlement Class Member and you file a valid and timely Claim Form by February 23, 2023, you may be eligible for the following Settlement Benefits:

Ordinary Expense Reimbursement

All Settlement Class Members who submit a valid claim using the Claim Form are eligible to receive reimbursement for documented out-of-pocket losses, not to exceed $250 per Settlement Class Member, that were incurred between August 1, 2020, and August 16, 2022, if plausibly caused by the Data Incident. Acceptable claims for out-of-pocket reimbursements include:

• The cost to obtain credit reports;
• Fees relating to a credit freeze;
• Card replacement fees;
• Late fees;
• Overlimit fees;
• Interest on payday loans taken as a result of the Data Incident;
• Other bank or credit card fees;
• Postage, mileage, and other incidental expenses resulting from lack of access to an existing account;
• Costs associated with credit monitoring or identity theft insurance purchased prior to the Effective Date of the Settlement if purchased primarily as a result of the Data Incident (You must provide reasonable documentation, including proof of purchase, and an affirmative statement that it was purchased primarily because of the Data Incident); and
• Compensation for attested-to lost time spent monitoring accounts, reversing fraudulent charges, or otherwise dealing with the aftermath/cleanup of the Data Incident, at a rate of $20 per hour for up to 3 hours. (You must provide attestation of at least a narrative description of the activities performed during the time claimed and their connection to the Data Incident to receive this benefit.)

Other Extraordinary Expense Reimbursement

Settlement Class Members who submit a valid claim using the Claim Form are eligible to receive extraordinary expense reimbursement of up to $5,000 per Settlement Class Member for monetary out-of-pocket losses that occurred more likely than not as a result of the Data Incident if:

• It is an actual, documented, and unreimbursed monetary loss;
• Was caused by the Data Incident;
• Occurred during the time period from October 2020, through and including the end of the Claims Deadline;
• Is not an amount already covered by one or more of the categories in ordinary expense reimbursement listed above; and
• You made reasonable efforts to avoid, or seek reimbursement for the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

Credit Monitoring and Identity Protection

You are eligible to receive two years of credit monitoring services, and these services include three bureau credit monitoring and alerts. Settlement Class Members must affirmatively request credit monitoring by indicating such request on the Claim Form. Redemption codes will then be sent either to an email or physical mailing address you provide on the Claim Form.

For your request for credit monitoring services to be valid, you must complete a statement on the Claim Form under penalty of perjury that your claim is true and correct to the best of your knowledge and belief. You must reasonably attest that the Data Incident caused you to incur the claimed out-of-pocket expenses and charges. Failure to provide the above statement and documentation as requested on the Claim Form shall result in denial of a claim.

Unless you exclude yourself, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Insight Global and Released Parties about the legal issues in this Litigation that are released by this Settlement. The specific rights you are giving up are called “Released Claims”.

The Settlement Agreement in Sections 1.20, 1.21, and 6 describe the Release, Released Claims, and the Released Parties in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here or in the public court records on file in this lawsuit. For questions regarding the Release and what it means, you can also contact one of the lawyers listed in FAQ 13 for free, or you can talk to your own lawyer at your own expense.

To submit a claim for reimbursement for Ordinary Expense Reimbursement, Other Extraordinary Expense Reimbursement, and Credit Monitoring and Identity Protection, you must submit a valid Claim Form.

Settlement Class Members seeking reimbursement under the Settlement must complete and submit a Claim Form to the Claims Administrator, postmarked or submitted online on or before February 23, 2023. Claim Forms may be submitted online through the Submit a Claim page or printed from the Important Documents page and mailed to the Claims Administrator at the address on the form. The quickest way to submit a claim is online. Claim Forms are also available by calling 1-888-279-4405 or by writing to

Insight Global Claims Administrator
P.O. Box 3815
Portland, OR 97208-3815

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by calling 1-888-279-4405 or by writing to

Insight Global Claims Administrator
P.O. Box 3815
Portland, OR 97208-3815

If you make a valid Claim, payment will be provided by the Claims Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check the Current Status section located on the Home page for updates.

Yes, the Court has appointed Jonathan Shub and Kevin Laukaitis of Shub Law Firm, LLC, as Proposed Class Counsel 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 Proposed Class Counsel to represent you in this Litigation.

Proposed Class Counsel will file a motion asking the Court to award them attorneys’ fees and costs of $300,000 to be paid by Insight Global. They will also ask the Court to approve $2,000 service award to the Representative Plaintiff for participating in this Litigation and for their efforts in achieving the Settlement. If awarded by the Court, Defendant will pay fees, costs, expenses, and incentive awards directly. The Court may award less than these amounts.

Proposed 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.

To opt out of the Settlement, you must mail written notice of a request for exclusion. The written notice must be signed and clearly state that you wish to be excluded from the Settlement Class. You may only submit an opt-out request on your own behalf; mass or class opt-outs will not be permitted.

The exclusion request must be postmarked and sent to the Claims Administrator at the following address by January 24, 2023:

Insight Global Claims Administrator
Exclusions
P.O. Box 3815
Portland, OR 97208-3815

You cannot exclude yourself by telephone or by email.

No. If you exclude yourself, you are telling the Court you do not want to be part of the Settlement. You can only get Settlement Benefits if you stay in the Settlement and submit a valid Claim Form.

No. Unless you exclude yourself, you give up any right to sue Defendant and Released Parties for the claims this Settlement resolves relating to the Data Incident. You must exclude yourself from this Litigation to start or continue with 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, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement or requested attorneys’ fees and expenses. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees and expenses.

To object, you must file a timely written notice of your objection so it is received by January 24, 2023. Such notice must contain the following:

1. Your full name, address, telephone number, and e-mail 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 the objector believes applicable;
4. The identity of all counsel representing you;
5. A statement whether you and/or your counsel will appear at the Final Fairness Hearing; and
6. Your signature and the signature of your duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation).

To be timely, written notice of an objection in the appropriate form must be filed with the Clerk of the Court for the U.S. District Court for the Middle District of Pennsylvania by January 24, 2023, and be sent at the same time to Proposed Class Counsel and counsel for Insight Global via the Court’s electronic filing system.

Any Settlement Class Member who fails to comply with the requirements for objecting in Section 5 of the Settlement Agreement shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (that is, do not exclude yourself). Requesting exclusion is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you exclude yourself, you cannot object to the Settlement.

The Court will hold a Final Fairness Hearing on April 5, 2023, at 10:00 a.m. before Judge Christopher C. Conner.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement and Proposed Class Counsel’s application for attorneys’ fees, costs, and expenses, and the incentive award to Plaintiff. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

Note: The date and time of the Final Fairness Hearing are subject to change. Any change will be posted on the Current Status section of the Home page.

No. Proposed Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to speak about it. As long as you file or mail your written objection on time, the Court will consider it.

Yes, as long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in this Litigation and Settlement. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to hire and pay for your own lawyer.

If you want to appear, or if you want your own lawyer instead of Proposed Class Counsel to speak for you in this Litigation, you must follow all of the procedures for objecting to the Settlement listed in FAQ 18 above and specifically include in your objection a statement whether you and your counsel will appear at the Final Fairness Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement Benefits. You will give up rights explained in the “Excluding Yourself from the Settlement” section of the Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or any of the Released Parties about the legal issues in this Litigation that are released by the Settlement Agreement relating to the Data Incident.