Frequently Asked Questions

  1. What is this lawsuit about?

    In the lawsuit, the Plaintiffs bring claims against Timco for invasion of privacy, violations of the North Carolina Unfair and Deceptive Trade Practices Act, and negligence based on the alleged compromise of W-2 tax data as a result of a Data Disclosure which occurred on or about March 2016.

    Timco denies any wrongdoing and denies all claims asserted against it in lawsuit. Both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation. You can read Plaintiffs’ Complaint, the Settlement Agreement, other case documents in the Important documents and also can download a Claim Form here.

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  2. Why is this a class action?

    In a class action, a Class Representative (in this case, Plaintiffs David Linnins, Kim Wolfington, and Carol Blackstock) sues on behalf of a group (or a “Class”) of people. Here, the Class Representatives sued on behalf of people who have similar claims regarding the Data Disclosure.

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  3. Why is there a settlement?

    To avoid the cost, risk, and delay of litigation, the Parties reached a Settlement Agreement as to Plaintiffs’ and the Class claims.

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  4. How do I know if I am part of the Settlement?

    For Settlement purposes, the Court has certified a Class consisting of all people who meet the following definition:

    All current and former employees of Timco and its parent, subsidiary, or affiliate companies whose W-2 data was compromised as a result of the Data Disclosure which occurred on or about March 2016.
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  5. What relief is available to class, members and how do I recover?

    To obtain a recovery, you must submit a Claim Form. This is the only way to get a payment. Class Members who submit a valid and timely Claim Form may be entitled to three potential forms of relief.

    1. Class Members who, on their own, purchased identity theft protection services in response to an IRS notice of possible identity theft between March 15, 2016, and April 19, 2016, can receive reimbursement for the purchase of up to 36 months of the chosen service, not to exceed $350. To obtain this reimbursement, Class Members will need to provide documentary proof of the purchase, and the costs incurred, and attest that they had not received any notices of possible identity theft from the IRS before March 15, 2016. Timco will pay all valid claims of this type.
    2. Timco previously made available to Class Members two years of Experian ProtectMyID Elite. Those Class Members who did not elect to obtain this product previously may now request coverage. Those who originally requested and obtained the product from Timco are ineligible for this relief.
    3. Class Members also can obtain one of three categories of compensation below if any are applicable. Class Members can only seek recovery for one of these categories. If a Class Member seeks more than one, the Settlement Administrator will assess the first claim and deny the second and third claims without reviewing the validity of those claims. A $312,500 Settlement Fund will be created to pay these claims. Class Members will receive the amounts explained below. However, if the total dollar amount of the claims exceeds the Settlement Fund, Class Members’ payments will be reduced pro rata. The three categories are:

      • Category A: Class members who had a false/fraudulent tax return filed in their name for the first time after March 15, 2016, will be eligible for a payment of $250. Claimants must provide proof of the false tax return being filed and attest that they had not had false/fraudulent returns filed previously in the last 3 years. $187,500 of the Settlement Fund will be allocated to this Category. If the total claims at $250 per claimant exceed that amount, payments to each claimant shall be reduced pro rata.
      • Category B: Class members who had an IRS tax transcript requested using their personal information for the first time in 2016 and submitted an Identity Theft Affidavit to the IRS shall be entitled to a payment of $150. Claimants must provide proof of the tax transcript request and submission of the Identity Theft Affidavit, and attest that they have no knowledge of an IRS tax transcript request being made on their behalf without their authorization in prior years. $75,000 of the Settlement Fund will be allocated to this Category. If the total claims at $150 per claimant exceed $75,000, payments to each claimant shall be reduced pro rata.
      • Category C: Class members who claim they suffered out-of-pocket expenses (other than purchase of identity theft services) as a result of the Data Disclosure shall be entitled to reimbursement in an amount not to exceed $150. Claimants must submit reasonable documentation supporting the claim for expenses. Class Members can also submit an affidavit or declaration for time spent dealing with the effects of the Data Disclosure and be reimbursed for up to 2 hours at $15/hour under this claim. The Affidavit or Declaration must be sufficiently detailed to explain the reason the time was incurred, the amount of time spent, and the activities undertaken during this time. $50,000 of the Settlement Fund will be allocated to this Category. If the total claims exceed $50,000, payments to each claimant shall be reduced pro rata.

    You can download the Claim Form here or you can request a copy at the toll-free number 1-844-616-6619 and mail it to:

    Linnins v. TIMCO Claims Administrator
    P.O. Box 4068
    Portland, OR 97208-4068

    All claim forms must be mailed no later than May 1, 2018.

    If any money remains in the $312,500 Settlement Fund or any of its three parts, it will be used as follows and in the following order: (1) to cover any shortfalls for the Claim A fund, the Claim B fund, and the Claim C fund (with priority given in that order); (2) to pay for reimbursement of self-paid identify theft protection claims; (3) to pay Experian (or to reimburse Defendant for payments made to Experian if those are required to be made before any excess amounts are known); (4) to pay Notice and Administration costs (or to reimburse Defendant for costs previously incurred if payments are required before any excess amounts are known); and (5) to be distributed to Legal Aid of North Carolina, an entity agreed upon by the parties and subject to approval by the Court. None of the money shall be used to pay attorneys’ fees or incentive payments, which shall be paid separately.

    In addition to the monetary benefits described above, Timco has agreed to the following injunctive relief for the benefit of all Class Members:

    Following the incident, Timco has undertaken and will continue the following activities for at least three years:

    1. New Spam Filter: Timco will maintain an updated spam filter to assist in distinguishing between valid and forged emails.
    2. Mandatory Email Training: Timco will utilize the services of a third-party company to provide mandatory security training for employees with company email addresses. As new employees are hired, the new employees will undergo the same or similar security training.
    3. Testing: Timco has retained Wombat to perform targeted phishing tests to assess the effectiveness of the training. The tests will be performed periodically, and employees who fail will be re-trained.
    4. Data Loss Prevention: Timco will invest in Data Loss Prevention products that search through emails and attachments for patterns and allow for the quarantine of suspect emails.

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  6. What am I giving up to receive these benefits?

    By staying in the Class, all of the Court’s orders will apply to you, and you give Timco a “release.” A release means you cannot sue or be part of any other lawsuit against Timco, or the related released entities, about the claims or issues in this lawsuit with respect to the claims in the action, and you will be bound by the Settlement Agreement. For your convenience, the Release, which necessarily is drafted in legal-sounding language, is available for download here.

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  7. How much will the Class Representatives receive?

    The Class Representatives will receive his or her portion of the Settlement as a Class Member and a payment of up to $500 as an Incentive Award for having pursued this action. Any incentive payment is subject to Court approval.

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  8. Do I have a lawyer in this case?

    To represent the class, the Court has appointed attorneys with the Law Office of Jean Sutton Martin PLLC of Wilmington, NC and Morgan & Morgan Complex Litigation Group of Tampa, FL, as “Class Counsel.” You can contact Class Counsel at 1-888-316-3485.

    Class Counsel will request an award of attorneys’ fees and expenses from the Court not to exceed $150,000 for litigating the case and negotiating the Settlement. Any attorneys’ fees and expense awards are subject to Court approval. You may hire your own attorney, but only at your own expense.

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  9. I don’t want to be a part of this case. How do I ask to be excluded?

    If you don’t want a payment from this Settlement, but you want to keep the right to individually sue Timco , or the related released entities, about the issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself, or “opting out,” of the Settlement Class. To exclude yourself, you must send a letter by mail that (i) states the Class Member’s full name, address, and telephone number, (ii) contains the Class Member’s signature or the signature of the person authorized by law to sign on behalf of the Class Member, and (iii) states unequivocally that the Class Member’s intent is to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.

    You must mail your exclusion request postmarked no later than May 1, 2018, to:

    Linnins v. Timco Claims Administrator
    P.O. Box 4068
    Portland, OR 97208-4068

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  10. How do I object?

    Any Settlement Class Member who has not requested to be excluded from the Settlement Class may object to the Settlement. In order to exercise this right, you must submit your objection to the Court and to the Settlement Administrator. Your objection must (i) set forth the Settlement Class Member’s full name, current address, and telephone number; (ii) contain the Settlement Class Member’s original signature or the signature of counsel for the Settlement Class Member; (iii) state that the Settlement Class Member objects to the Settlement, in whole or in part; (iv) set forth a statement of the legal and factual basis for the objection; and (v) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position.

    Objections must be filed with the Clerk of the Court and delivered to the Settlement Administrator on or before May 1, 2018.

    Court Claims Administrator
    Clerk of the Court
    Middle District of North Carolina
    324 West Market Street
    Greensboro, NC 27401-2544
    Linnins v. Timco Claims Administrator
    P.O. Box 4068
    Portland, OR 97208-4068

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  11. When and where will the court decide whether to approve the Settlement?

    The Court will hold a fairness hearing on May 31, 2018, at 2:00 p.m. in Courtroom 2, United States District Court for the Middle District of North Carolina, 324 W. Mark Street, Greensboro, North Carolina 27401-2544. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate, and in the best interests of the Class, and to rule on applications for compensation for Class Counsel and Incentive Awards for the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed Settlement.

    YOU ARE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THIS SETTLEMENT. The hearing may be postponed to a later date without notice.

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  12. How do I get more information?

    Additional information and documents, including case documents, are available here, or you can call on the toll-free number 1-844-616-6619 for more details.

    Additionally you can also contact Class Counsel at:

    Class Counsel
    Jean Sutton Martin
    Law Office of Jean Sutton Martin PLLC
    2018 Eastwood Road
    Suite 225
    Wilmington, NC 28403
    1-888-316-3485
    John A. Yanchunis
    Morgan & Morgan Complex Litigation Group
    201 N Franklin Street
    Tampa, FL 33602
    1-813-223-5505

    PLEASE DO NOT CALL THE COURT, THE JUDGE, OR THE DEFENDANTS WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.

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