In a class action, one representative sued on behalf of people who have similar claims. All of the people with similar claims are class members. One court resolves the issues for all class members, except those who exclude themselves from the class.
This lawsuit began when Plaintiff Jewell Weekes filed a putative class action complaint against Cohen Cleary. In the lawsuit, Plaintiff alleges that Cohen Cleary was negligent and violated contractual and statutory duties when a third party obtained unauthorized access to information such as names, addresses, dates of birth, Social Security numbers, medical information and health insurance information. Cohen Cleary denies any liability or wrongdoing of any kind associated with the claims in this lawsuit.
This is just a summary of the allegations. The complaint in the lawsuit is posted here and contains all of the allegations.
To resolve this matter without the expense, delay, and uncertainties of litigation, the parties reached a settlement. The proposed settlement would require Cohen Cleary to pay money to the Settlement Class, and pay settlement administration costs, attorneys' fees and costs of Class Counsel, and a Service Payment to the Class Representative, as may be approved by the Court. The settlement is not an admission of wrongdoing by Cohen Cleary and does not imply that there has been, or would be, any finding that Cohen Cleary violated the law.
You are a member of the Settlement Class if you are a resident within the United States of America whose Private Information was exposed to unauthorized third parties as a result of the data breach allegedly discovered by Defendant on or before September 30, 2022.
The Court has appointed Laura Van Note of Cole & Van Note ("CVN") as Class Counsel. CVN is located at 555 12th Street, Suite 2100, Oakland, CA 94607.
Class Counsel will petition to be paid legal fees and to be reimbursed for their reasonable expenses from the Settlement Fund. You do not need to hire your own lawyer, but you may choose to do so at your own expense.
Cohen Cleary has agreed to establish a Settlement Fund, by depositing with the Settlement Administrator US $150,000.00 in cash.
The Settlement Fund will be used to pay attorneys’ fees and costs, a Service Payment for the Class Representative and Settlement administration costs. After deducting amounts for attorneys’ fees and costs, a Service Payment for the Class Representative, and Settlement administration costs, the remaining amount (“Net Settlement Amount”) will be used to pay timely valid claims.
A Settlement Class Member who timely submits a valid and approved Claim Form shall be entited to a Claimant Award:
(1) Documented Loss Fund
The Settlement Class Member may submit a claim for a Settlement Payment of up to $5,000 reimbursement in the form of a Documented Loss Payment. To receive a Documented Loss Payment, a Settlement Class Member must choose to do so on their given Claim Form and submit to the Settlement Administrator the following: (i) a valid Claim Form electing to receive the Documented Loss Payment benefit; (ii) an attestation regarding any actual and unreimbursed Documented Loss; and (iii) reasonable documentation that demonstrates the Documented Loss to be reimbursed pursuant to the terms of the Settlement.
(2) Non-Documented Pour-Over Fund
Following the distribution of Administrative Expenses, Service Awards, Documented Loss Claims, Attorneys’ Fees and Class Counsel’s Litigation Expenses, the Settlement Administrator will make a pro rata cash payment from the remaining Settlement fund, up to $300, to each Class Member who submits a valid claim, as determined by the Settlement Administrator in accordance with the Settlement Agreement or, if applicable, the dispute resolution process therein, so long as the funds are available. If too little money remains to make such a payment, the money will be donated to an appropriate charity.
Cohen Cleary has undertaken or will undertake reasonable steps to further secure its systems and environments.
You must submit a completed Claim Form no later than June 20, 2025. To submit a Claim click here or postmarked and returned a Claim Form to the Claims Administrator.
If you want to exclude yourself from the Settlement Class, sometimes referred to as “opting out,” you will not be eligible to recover any benefits as a result of this settlement and you will not receive a payment or have any rights under the Settlement Agreement. However, you would keep the right to sue Cohen Cleary at your own expense about the legal issues raised in this lawsuit. You may exclude yourself from the settlement by mailing a written notice to the Settlement Administrator, postmarked on or before May 15, 2025. Your exclusion request letter must:
You can ask the Court to deny approval by filing an objection. You cannot ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you should object.
If you are a member of the Settlement Class and you do not exclude yourself from the Settlement, you can object to the Settlement. To do so, you must file your written objection with the Court no later than May 15, 2025, and mail a copy to Class Counsel and Cohen Cleary’s Counsel at the addresses listed below. Your written objection may include any supporting documentation you wish the Court to consider.
If your objection is submitted and overruled by the Court at the Final Approval hearing, you will remain fully bound by the terms of the Settlement Agreement and the Final Approval Order.
Mailing addresses for Class Counsel and Cohen Cleary’s Counsel are as follows:
| CLASS COUNSEL: | COHEN CLEARY'S COUNSEL: |
|---|---|
| Laura Van Note, Esq. COLE & VAN NOTE 555 12th Street, Suite 2100, Oakland, CA 94607 | Jennifer Ellis Burke Lindsey A. Gil PEABODY & ARNOLD LLP Federal Reserve Plaza 600 Atlantic Avenue Boston, MA 02210-2261 Timothy J. Lowe MCDONALD HOPKINS LLC 39533 Woodward Avenue, Suite 318 Bloomfield Hills, MI 48304 |
Objecting means telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.
Unless you exclude yourself, you will be part of the Settlement Class and you will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot sue, continue to sue, or be part of any lawsuit against Cohen Cleary or the other “Released Parties” asserting a “Released Claim,” as defined below. It also means that the Court’s Order approving the settlement and the judgment in this case will apply to you and legally bind you.
“Released Claims” means any and all actual, potential, filed, unfiled, known or unknown, fixed or contingent, claimed or unclaimed, suspected or unsuspected, claims, demands, liabilities, rights, causes of action, damages, punitive, exemplary or multiplied damages, expenses, costs, attorneys’ fees and/or obligations, whether in law or in equity, accrued or unaccrued, direct, individual or representative, of every nature and description whatsoever, whether based on federal, state, local, statutory or common law or any other law, against the Released Parties, or any of them, arising out of, or relating to, actual or alleged facts, transactions, events, matters, occurrences, acts, disclosures, statements, representations, omissions or failures to act in connection with the data security incident, and including all claims that were brought or could have been brought in the Action, belonging to any and all Settlement Class members, including but not limited to any state law or common law claims that they may have or had.
“Released Parties” means Cohen Cleary and its past, present, and future, direct and indirect heirs, assigns, associates, corporations, investors, owners, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, agents, employees, attorneys, insurers, reinsurers, benefit plans, predecessors, successors, managers, administrators, executors and trustees.
The Court will hold a Final Approval Hearing on August 14, 2025 at 3:00 P.M. at U.S. Courthouse, 1 Courthouse Way, Suite 2300, Boston, MA 02210. At that hearing, the Court will determine the overall fairness of the settlement, hear objections, and decide whether to approve the requested attorneys’ fees and expenses, Service Payment for the Class Representatives, and settlement administration costs. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the settlement website by clicking here and the Court’s docket for updates.
For more information, visit the settlement website here or call the Settlement Administrator at 1-888-324-4816. You may also write to the Settlement Administrator via mail to Weekes v. Cohen Cleary, P.C., c/o CPT Group, Inc., 50 Corporate Park, CA 92606 or via email CohenSettlement@cptgroup.com.