Frequently Asked Questions

  1. Why was a notice issued?

    The Court authorized that a notice be issued because Settlement Class Members have a right to know about the proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the Settlement. This website explains the legal rights and options that you may exercise before the Court decides whether to approve the Settlement.

    Judge Vince G. Chhabria of the United States District Court for the Northern District of California is overseeing this case. The case is known as Parsons v. Kimpton Hotel & Restaurant Group, LLC, Case No. 3:16-cv-05387-VC. The person who sued is called the "Plaintiff." Kimpton is called the "Defendant."

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    The lawsuit claims that Kimpton was responsible for the Security Incident that occurred and asserts claims such as breach of implied contract, negligence, and unlawful and unfair conduct under the California Unfair Competition Law. The lawsuit seeks compensation for people who had losses as a result of the Security Incident.

    Kimpton denies all of the Plaintiff’s claims and says it did not do anything wrong.

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  3. Why is this lawsuit a class action?

    In a class action, one or more people called “Representative Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.” In this case, the Representative Plaintiff is Andrew Parsons. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

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  4. Why is there a settlement?

    By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Class Representative and his attorneys believe the Settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class and its members. The Settlement does not mean that Kimpton did anything wrong.

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  5. How do I know if I am included in the Settlement?

    You are included in the Settlement Class if you reside in the United States and your payment card information was compromised as a result of the Security Incident.

    Specifically excluded from the Settlement Class are:

    1. Kimpton and its officers and directors;
    2. All Settlement Class Members who timely and validly request exclusion from the Settlement Class;
    3. The Judge assigned to evaluate the fairness of this Settlement; and
    4. 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 occurrence of the Security Incident or who pleads nolo contendere to any such charge.
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  6. What does the Settlement provide?

    The Settlement will provide payments to people who submit valid claims.

    There are two types of payments that are available: (1) Expense Reimbursement (see FAQ 7) and (2) Extraordinary Expense Reimbursement (see FAQ 8). You may submit a claim for either or both types of payments. In order to claim each type of payment, you must describe each expense and how it related to the Security Incident. You may also provide related documentation (receipts, bank statements, etc.) with your Claim Form if they are available. The Claim Form includes examples of types of expenses you may have incurred and how to document them.

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  7. What payments are available for Expense Reimbursement?

    Settlement Class Members are eligible to receive reimbursement of up to $250 (in total) for the following categories of out-of-pocket expenses resulting from the Security Incident:

    • Unreimbursed bank fees;
    • Unreimbursed card reissuance fees;
    • Unreimbursed overdraft fees;
    • Unreimbursed charges related to unavailability of funds;
    • Unreimbursed late fees;
    • Unreimbursed over-limit fees;
    • Long-distance telephone charges;
    • Cell minutes (if charged by minute), Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Security Incident), and text messages (if charged by the message and incurred solely as a result of the Security Incident);
    • Unreimbursed charges from banks or credit card companies;
    • Postage;
    • Interest on payday loans due to card cancellation or due to over-limit situation;
    • Reimbursement of up to five hours of documented lost time (at $25 per hour) spent dealing with replacement card issues or in reversing fraudulent charges or otherwise dealing with the Security Incident, but only if at least one full hour was spent;
    • An additional $15 payment for each credit or debit card on which documented fraudulent charges were incurred that were later reimbursed;
    • Costs of credit report(s) purchased between February 1, 2016, and August 22, 2019, but only if it was purchased primarily because of the Security Incident;
    • Costs of credit monitoring and identity theft protection (not to exceed $80) purchased between February 1, 2016, and August 22, 2019, but only if it was purchased primarily because of the Security Incident.
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  8. What payments are available for Extraordinary Expense Reimbursement?

    Settlement Class Members who had other extraordinary unreimbursed monetary out-of-pocket losses as a result of the Security Incident are eligible to make a claim for reimbursement of up to $10,000. As part of the claim, the Settlement Class Member must show that:

    1. It is an actual, documented, and unreimbursed monetary loss;
    2. The loss was more likely than not caused by the Security Incident;
    3. The loss occurred during the time period from February 1, 2016, through August 22, 2019;
    4. The loss is not already covered by one or more of the categories in FAQ 7; and
    5. A reasonable effort was made to avoid or seek reimbursement for the loss (including exhaustion of all available credit monitoring insurance and identity theft insurance).

    More details are provided in the Settlement Agreement, which is available here.

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  9. How do I get benefits?

    To ask for a payment, you must complete and submit a Claim Form. You can file a Claim Form online here, or you can file by U.S. Mail by downloading a paper copy here or by calling 1-855-789-0900 and requesting one be sent to you.

    Read the instructions carefully, fill out the Claim Form, and mail it to the following address:

    Kimpton Settlement Claims
    P.O. Box 4079
    Portland, OR 97208-4079

    All Claim Forms must be submitted online or postmarked no later than August 22, 2019.

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  10. How will claims be decided?

    The Settlement Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Settlement Administrator may require additional information from any claimant. If the required information is not provided timely, the claim will be considered invalid and will not be paid.

    If the claim is complete and the Settlement Administrator denies the claim entirely or partially, the claimant will be provided an opportunity to have their claim reviewed by an impartial Claims Referee who has been appointed by the Court.

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  11. Do I need to do anything to remain in the Settlement?

    You do not have to do anything to remain in the Settlement, but if you want a payment, you must submit a Claim Form online or postmarked by August 22, 2019.

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  12. What am I giving up as part of the Settlement?

    If the Settlement becomes Final, you will give up your right to sue Kimpton for the claims being resolved by this Settlement. The specific claims you are giving up against Kimpton are described in Section 1.21 of the Settlement Agreement. You will be “releasing” Kimpton and all related people or entities as described in Section 7 of the Settlement Agreement. The Settlement Agreement is available here.

    The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the law firms listed in FAQ 16 for free, or you can, of course, talk to your own lawyer if you have questions about what this means at your own expense.

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  13. If I exclude myself, can I get a payment from this Settlement?

    No. If you exclude yourself, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.

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  14. If I do not exclude myself, can I sue Kimpton for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue Kimpton for the claims that this 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 this case. If you exclude yourself, do not submit a Claim Form to ask for a payment.

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  15. How do I exclude myself from the Settlement?

    To exclude yourself, send a letter that says you want to be excluded from the Settlement in Parsons v. Kimpton Hotel & Restaurant Group, LLC, Case No. 3:16-cv-05387-VC. Include your name, address, and signature. You must mail your Exclusion Request postmarked by June 8, 2019, to the following address:

    Kimpton Settlement Exclusions
    P.O. Box 4079
    Portland, OR 97208-4079

    You cannot exclude yourself by phone or on this website.

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  16. Do I have a lawyer in this case?

    Yes. The Court appointed the following lawyers as “Lead Counsel”: John A. Yanchunis of Morgan & Morgan Complex Litigation Group, 201 N. Franklin Street, 7th Floor, Tampa, FL 33602, and Michael Ram of Robins Kaplan, 2440 West El Camino Real, Suite 100, Mountain View, CA 94040. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  17. How will the lawyers be paid?

    Class Counsel will request the Court’s approval of an award for attorneys’ fees of up to $800,000, inclusive of reasonable costs and expenses. Class Counsel will also request approval of an incentive award of $5,000 for the Representative Plaintiff. Any amount that the Court awards for attorneys’ fees, costs, expenses, and an incentive award will be paid separately by Kimpton and will not reduce the amount of payments to Settlement Class Members who submit valid claims.

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  18. How do I tell the Court that I do not like the Settlement?

    You can object to the Settlement if you do not like it or some part of it. The Court will consider your views. To do so, you must file a written objection in this case, Parsons v. Kimpton Hotel & Restaurant Group, LLC, Case No. 3:16-cv-05387-VC, with the Clerk of the Court at the address below. This requirement may be excused upon a showing of good cause.

    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 (e.g., copy of notice, copy of original notice of the Security Incident);
    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;
    8. Your signature and the signature of your duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation);
    9. A list, by case name, court, and docket number, of all other cases in which you (directly or through counsel) have filed an objection to any proposed class action settlement within the last 3 years;
    10. A list, by case name, court, and docket number, of all other cases in which your counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last 3 years; and
    11. A list, by case name, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.

    The Court will only require substantial compliance with the requirements for submitting an objection.

    To be timely, your objection must be filed with the Clerk of the Court for the United States District Court for the Northern District of California no later than June 8, 2019. In addition, you may mail a copy of your objection to both Class Counsel and Defense Counsel, postmarked no later than June 8, 2019:

    Court Lead Class Counsel Defense Counsel
    Clerk of the Court
    United States District Court
    450 Golden Gate Avenue
    San Francisco, CA 94102
    John A. Yanchunis
    Morgan & Morgan Complex
    Litigation Group
    One Tampa City Center
    201 N. Franklin Street
    7th Floor
    Tampa, FL 33602
    Douglas L. Shively
    Baker & Hostetler LLP
    127 Public Square
    Suite 2000
    Cleveland, OH 44114
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  19. 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 do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not 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.

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  20. 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 July 11, 2019, at the United States District Court for the Northern District of California located at the San Francisco Courthouse, Courtroom 4 - 17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. The hearing may be moved to a different date or time without additional notice, so it is a good idea to monitor this website or call 1-855-789-0900.

    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 an incentive award for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

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  21. Do I have to attend the hearing?

    No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer is 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 FAQ 18, the Court will consider it.

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  22. 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 FAQ 18, including all the information required by items (v), (vi), and (vii). Your Objection must be filed with the Clerk of the Court for the United States District Court for the Northern District of California no later than June 8, 2019. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel listed in FAQ 18, postmarked no later than June 8, 2019.

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  23. What happens if I do nothing?

    If you do nothing, you will get no benefits from this Settlement. Unless you exclude yourself, 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 Kimpton about the legal issues in this case, ever again.

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  24. How do I get more information?

    The Notice and this website summarize the proposed Settlement. More details are in a Settlement Agreement. You can get a copy of the Settlement Agreement here. You may also write with questions to Kimpton Settlement Administrator, P.O. Box 4079, Portland, OR 97208-4079. You can also get a Claim Form here, or by calling the toll-free number, 1-855-789-0900.

    Do NOT contact Kimpton Hotels or the Court for more information.

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