Billy Perry v. Bay & Bay Transportation Services, Inc.

Perry v. Bay & Bay Transportation Services, Inc.,
Case No. 22-cv-973 (JRT/ECW)
United States District Court for the District of Minnesota

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Frequently Asked Questions

Learn How This Settlement Affects Your Rights and Get Answers to Your Questions About the Settlement

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Important Deadlines

Important Settlement Deadlines That Will Affect Your Rights

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Court Documents

A Settlement has been reached in a class action lawsuit concerning Bay & Bay Transportation Services, Inc. and a data incident (the “Data Incident”) that occurred in or around November 2021, when one or more unauthorized individuals accessed or potentially accessed information stored on its computer system, (full names, direct deposit information, Social Security numbers, dates of birth, and driver’s license numbers) (“Private Information”).

The lawsuit is called Billy Perry v. Bay & Bay Transportation Services, Inc., Case No. 22-cv-973 (D. Minn.). The lawsuit asserts claims related to the Data Incident. The Defendant in the lawsuit is Bay & Bay Transportation Services, Inc. (“Defendant”). Defendant in the lawsuit denies it is or can be held liable for the claims made in the lawsuit. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.

Members of the Class are all individuals to whom Defendant sent notice of the security breach that Defendant announced on or around February 2022. The Class specifically excludes: (i) all Persons who timely and validly request exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this settlement (including any members of the Court’s staff assigned to this case); (iii) Defendant’s officers and directors, and (iv) 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 Data Incident or who pleads nolo contendere to any such Class Members will be mailed notice of their eligibility, and Class membership will be verified against that emailed list.

Class Members are eligible to receive the following relief: (1) up to $5,000 in reimbursement for Out-of-Pocket Losses consisting of actual documented losses or expenses resulting from the Data Incident, and (2) a $100 cash payment that will be pro rata reduced or increased based on the money remaining in the Settlement Fund after the payment of attorneys’ fees and costs, Settlement Administration costs, Class Representative Service Award, and valid claims for Out- of-Pocket Valid Claims for Out-of-Pocket Losses and pro rata cash payments may be combined. For complete details, please see the Settlement Agreement, whose terms control, available here.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form is January 8, 2024.
EXCLUDE YOURSELF FROM THE SETTLEMENT You will receive no payment, but you will retain any rights you currently have with respect to Defendant and the issues in this case. You may download an exclusion form here. The deadline to exclude from the Settlement is December 7, 2023.
OBJECT TO THE SETTLEMENT Write to the Court explaining why you do not agree with the Settlement. The deadline to object is December 7, 2023.
ATTEND THE FINAL APPROVAL HEARING You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on January 22, 2024 at 10:00 a.m. Central Time.
DO NOTHING You get no payment and you give up rights.