Wallace Community College – Selma Data Breach Class Action Settlement

Antionetta Baldwin, et al. v. James Mitchell, PhD, et al.

Circuit Court of Dallas County, Alabama, Case No. CV-2018-900302.00

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why Did I Receive the Notice?

    The Notice is to inform you that the Circuit Court of Dallas County from Alabama has certified a class action lawsuit that may affect you. The Court directed that the Notice be sent to you because you have certain rights and options available to you as a Class Member. The Notice describes the lawsuit, your legal rights, and the relevant deadlines to exercise your legal rights.

  3. What Is this Lawsuit About?

    Plaintiff Antionetta Baldwin, on behalf of herself and all other similarly situated persons, filed a class action lawsuit (the “Lawsuit”) arising out of a data breach at WCCS in or around February 2018. The Plaintiff claims the Defendants’ acts or omissions led to the data breach and asserted claims for negligence, gross negligence, recklessness and/or wantonness. The Defendants have denied any wrongdoing and deny that they have any liability to the Plaintiff. However, in order to avoid the inherent risks and costs of further litigation, the parties have reached a settlement (the “Settlement”) to resolve the dispute.

  4. What is a Class Action?

    Class actions are lawsuits where the claims and rights of many people are decided in a single court proceeding. The persons covered by a class action lawsuit are known as a class. The representative plaintiff (“Class Representative”) asserts the claims on behalf of the entire class. Class Members are not individually responsible for the costs or fees of the lawyers.

  5. Who is in the Class?

    By Order dated March 5, 2021, the Circuit Court of Dallas County, Alabama, conditionally certified a Settlement Class as follows:

    1. All Alabama citizens who are current or past employees of WCCS and had their sensitive personally identifying information (“SPII”) compromised as a result of the WCCS Data Breach in or around February 2018 (the “Class”).

    The Class expressly excludes: (1) the Defendants and their families; and (2) those persons who properly execute and submit a timely request for exclusion as outlined below.

    The Court has not certified this Class for any purpose other than settlement, and has only determined that a class may be certified for settlement purposes. This means that if the proposed Settlement does not become final, the preliminary certification of the settlement Class will be void and the Lawsuit will proceed as if there had been no proposed settlement or preliminary certification.

  6. What is the Proposed Settlement?

    Class Members who submit a timely, valid claim in accordance with the claim procedures outlined in the Notice and in the enclosed Claim Form are entitled to the following settlement benefits and relief:

    1. (i) Monetary Compensation: Class Members who submit a valid claim may be eligible to receive the following monetary compensation: Class Members who had a fraudulent tax return filed in their name will have the opportunity to submit a claim in order to receive a cash payment of $200. Additionally, Class Members may receive payment for unreimbursed out-of-pocket expenses, not to exceed $1,000, if such expenses were reasonably incurred to address issues related to the data breach. Out-of-pocket expenses are not recoverable if the expenses would have been reimbursable under the identity theft insurance policy made available by WCCS after the data breach in 2018. Class Members will be required to submit documentation sufficient to verify a fraudulent tax return was submitted in their name after the data breach and/or to show they incurred out-of-pocket expenses not covered under the insurance policy made available after the data breach in 2018. It shall be the responsibility of the Claims Administrator to determine if the documentation is (1) sufficient to verify the filing of a fraudulent tax return or the incurrence of out-of-pocket expenses related to the data breach, (3) the amount of out-of-pocket expenses incurred, and (3) whether the out-of-pocket expenses would have been covered under the insurance policy made available after the 2018 data breach. The determinations of the Claims Administrator on those matters shall be final. Class Members (1) who do not opt out and (2) who submit a valid claim in accordance with the claim procedures outlined in the Settlement will receive payment within 90 days of the Effective Date.
    2. (ii) Credit Monitoring Service: In addition to the monetary compensation described above, the Defendants will also provide and make available to Class Members a Credit Monitoring Service for two (2) years. In addition to credit monitoring the Service will include insurance protection up to one million dollars ($1,000,000) for any losses sustained due to credit or identity theft. Class Members who elect to participate in the Service will be required to submit a claim.

  7. How Can I Make a Claim For the Available Settlement Benefit?

    To obtain the monetary compensation and/or the ability to participate in the Credit Monitoring Service, you must complete and mail a class action proof of claim form (the “Claim Form”) postmarked no later than May 18, 2021. The Claim Form which must be completed and mailed by you in order to receive the settlement benefits is included with this Notice can be downloaded by Clicking Here. To be accepted, the Claims Form shall (i) be completed in its entirety as directed in the Claim Form; (ii) be signed by you or a person who is authorized to bind you; and (iii) be timely mailed to the Claims Administrator by May 18, 2021.

  8. Who Represents the Class?

    The Court has appointed Antionetta Baldwin as the Class Representative and the following attorney as Class Counsel:

    Charles A. McCallum, III
    McCallum, Hoaglund & Irby, L.L.P.
    905 Montgomery Highway, Suite 201
    Vestavia Hills, Alabama 35216
    Tel: (888) 230-2622
    Email: cmccallum@mhcilaw.com

    Class Counsel represent your interest in the Lawsuit. You will not be charged for their services. You may, however, hire your own attorney at your own expense to advise you in this matter.

  9. What is the Legal Effect of the Settlement?

    All persons falling within the definition of the Class who do not validly and timely opt-out of the Settlement Class, including their spouses, heirs, executors, administrators, estates, trustees, representatives, agents, attorneys, successors, and assigns, shall be deemed to have completely released and forever discharged the Defendants, including their successors, assigns, heirs, employers, and employees from all claims, actions, damages, demands, rights, liabilities, and causes of action, whether by statute, contract, common law, or equity, whether known or unknown, asserted or unasserted, that are based upon, arise out of, or are related in any way to the Lawsuit.

  10. Who will Determine Whether the Settlement is Fair?

    The Court has ordered that a Fairness Hearing be held on June 9, 2021 at 10:00 a.m. at the Perry County Courthouse in Marion, Alabama, to determine whether the proposed settlement is fair, reasonable, and adequate and whether it should be approved by the Court; whether judgment should be entered dismissing the lawsuit with prejudice; and the amount of attorneys’ fees and costs to be awarded to Class Counsel. The Fairness Hearing may be continued from time to time by the Court.

    If you wish to object to the Settlement, you must file a written objection to it. Your written objection must be filed with the Clerk of the Court and mailed to Class Counsel and Defendants’ counsel, postmarked on or before May 3, 2021. Your objection must list your name, address, telephone number and, if applicable, the name, address and telephone number of your attorney. Your written objection must include: (i) a notice of intention to appear if you or your attorney plan to attend the Fairness Hearing; (ii) a statement of membership in the Class; (iii) the specific grounds for the objections and any reasons why you desire to appear and be heard, and be accompanied by all documents that you desire the Court to consider; and (iv) identify any other class action settlement to which you or your attorney have asserted an objection. Your objection must be filed with the Court and be mailed to Class Counsel and Defendant’s Counsel at the addresses listed below. You may also attend the Settlement Hearing. If you intend to appear personally or through personal counsel at the hearing, you must include a Notice of Intent to Appear in addition to your objection and file copies with the Court, and mail copies to Class Counsel and Defendants’ Counsel at the addresses listed below. ANY CLASS MEMBER WHO DOES NOT OBJECT IN THE WAY DESCRIBED ABOVE SHALL BE DEEMED TO HAVE WAIVED SUCH OBJECTION AND SHALL NOT HAVE ANY RIGHT TO OBJECT TO THE FAIRNESS OR ADEQUACY OF THE SETTLEMENT.

    Clerk of the Court Class Counsel Defendants’ Counsel
    Clerk of the Court
    Circuit Court of Dallas County
    105 Lauderdale Street (36701)
    Post Office Box 1148
    Selma, AL 36702-1148     		Charles A. McCallum, III
    McCallum,Hoaglund
    & Irby, L.L.P.
    905 Montgomery Highway
    Suite 201
    Vestavia Hills, AL 35216     		Claudia D. McCarron
    Mullen Coughlin, LLC
    1275 Drummers Lane
    Suite 302
    Wayne, PA 19087

  11. What is the Procedure for Requesting Exclusion from the Class and not Participating in the Settlement or Being Bound by Any Judgment?

    If you do not wish to be a member of the Class, you must mail and properly file with the Clerk of the Court of Dallas County, Alabama a timely written request for exclusion from the Class. The request for exclusion must be filed with the Clerk of Court and mailed to Class Counsel and Defendants’ counsel, postmarked no later than May 3, 2021. The request for exclusion must be in writing and state the name, address, and telephone number of the person seeking exclusion. Each request must also contain a signed statement that: “I hereby request that I be excluded from the proposed Class in Antionetta Baldwin v. James Mitchell, PhD, et al., Case No.: CV-2018-900302.00” and be signed by someone with authority to bind the Class Member. The request must be mailed to:

    Clerk of the Court
    Circuit Court of Dallas County
    105 Lauderdale Street (36701)
    Post Office Box 1148
    Selma, Alabama 36702-1148

    with a copy to Class Counsel:

    Charles A. McCallum, III
    McCallum, Hoaglund & Irby, LLP
    905 Montgomery Highway, Suite 201
    Vestavia Hills, AL 35213

    and a copy to the Defendants’ Counsel:

    Claudia D. McCarron
    Mullen Coughlin, LLC
    1275 Drummers Lane, Suite 302
    Wayne, PA 19087

    A request that does not include all of the foregoing information, or that is sent to an address other than those designated above, or that is not received within the time specified, shall be invalid and the person serving such request shall be a member of the Class and shall be bound as a Class Member by the Settlement.

  12. Is there a way to get Additional Information about the Settlement?

    The Notice is intended only as a summary of the Lawsuit and proposed settlement. It is not a complete statement of the Lawsuit or the proposed settlement. You may inspect the pleadings and other papers (including the proposed Stipulation of Settlement) that have been filed in the Lawsuit at the office of the Clerk of Circuit Court, Dallas County, Alabama, or at the Settlement Website at the Important Documents page. If you have any questions about the Notice or the proposed settlement, you may contact Class Counsel, Charles A. McCallum, III, at the address listed above, or contact the Settlement Administrator by phone or by email at (833) 357-1373 or info@WCCSDataBreachSettlement.com.

    DO NOT CONTACT THE COURT OR THE DEFENDANTS FOR INFORMATION. THE DEFENDANTS’ EMPLOYEES AND TELEPHONE REPRESENTATIVES ARE NOT AUTHORIZED TO PROVIDE ANY INFORMATION ABOUT THE PROPOSED SETTLEMENT OR ANY CLAIMS YOU MAY HAVE.