The Court authorized the Notice to inform you about a proposed Settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights.

Chief Judge John R. Tunheim of the District Court for the District of Minnesota is overseeing this class action. The case is called Billy Perry v. Bay & Bay Transportation Services, Inc., Case No. 22-cv-973 (D. Minn.) (the “Action”).

Billy Perry is the Plaintiff. The company he sued, Bay & Bay Transportation Services, Inc., is the Defendant.

The Plaintiff claims that Defendant failed to implement and maintain reasonable security measures necessary to protect Private Information that it maintained on its computer systems, in order to prevent the Data Incident from occurring.

Defendant denies that it is or can be held liable for the claims made in the lawsuit. More information about the complaint in the lawsuit and Defendant’s responses can be found here.

You are part of the Settlement as a Class Member if Defendant sent you 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 charge. Eligible Class Members will have been mailed notice of their eligibility by the Settlement Administrator, and Class membership will be verified against that mailed list. If you are still not sure whether you are included, you can contact the Settlement Administrator by calling toll-free at 844-599-2398 or by emailing info@BBTSdatasettlement.com.

This Settlement provides eligible Class Members with (1) up to $5,000 in reimbursement for Out-of-Pocket Losses consisting of actual documented Out-of-Pocket Losses, documented unreimbursed identity protection expenses; and, (2) a $100 cash payment that will be pro rata increased or reduced 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 Losses. Valid Claims for Out-of-Pocket Losses and pro rata cash payments may be combined.

A. Who May Recover for Out-of-Pocket Losses and for How Much?

• If you are a Class Member and you incurred documented out of pocket losses fairly traceable to the Data Incident and/or documented unreimbursed identity protection expenses in or after November 2021, you may be eligible to receive reimbursement of your losses and expenses up to a total of $5,000 per Class Member. Eligible losses or expenses include, without limitation: (1) unreimbursed costs, expenses, losses, or charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of a Settlement Class Member’s Social Security number; (2) costs incurred in or after November 2021 associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; (3) other miscellaneous expenses incurred related to any Out- of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges; (4) other mitigative costs that were incurred in or after November 2021 through the date of the Settlement Class Member’s claim submission; and (5) unpaid time off to work through issues fairly traceable to the Data Incident at the actual hourly rate of that Settlement Class Member.
• For complete details, please see the Settlement Agreement, whose terms control, available here. Claims will be subject to a verification process and will be denied if they do not meet the verification requirements. The Settlement Administrator will post additional information about the payment amount on this website, if necessary.

B. Who May Receive an Alternative Cash Payment and for How Much?

All Class Members may make a Claim to receive a $100 cash payment that will be adjusted up or down to account for 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 Losses. Class Members do not need to suffer Out-of-Pocket Losses for eligibility to file a claim for a pro rata cash payment.

By submitting a valid claim form by on or before the claim deadline of January 8, 2024. If you received the February 2022 data breach notification letter, you can make a claim by filling out and submitting the claim form.

You can also contact the Settlement Administrator to request a paper claim form by telephone (844-599-2398), email (info@BBTSdatasettlement.com), or U.S. mail (Billy Perry v. Bay & Bay Transportation Services, Inc., c/o Settlement Administrator, P.O. Box 2005, Chanhassen, MN 55317-2005).

Claims will be subject to a verification process. You will need the Class Member ID provided on the front of your postcard Notice to fill out a Claim Form. If you do not know your Class Member ID, please contact the Settlement Administrator.

The hearing to consider the fairness of the Settlement is scheduled for January 22, 2024, 10:00 a.m. Central Time. If the Court approves the Settlement, eligible Settlement Class Members whose Claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible claims will be paid to Class Members electronically unless a Class Member chooses to receive payment by written check. All checks will expire and become void 180 days after they are issued.

If you do not exclude yourself from the Settlement, you will not be able to sue the Defendant about the issues in this case, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included Release. This is true regardless of whether you submit a Claim Form. You can read the Settlement Agreement here. However, you may exclude yourself from the Settlement (see Question 14). If you exclude yourself from the Settlement, you will not be bound by any of the Released Claims.

“Released Claims” means any and all past, present, and future claims and causes of action related to the Data Incident, including, but not limited to, any causes of action arising under or premised upon any statute, constitution, law, ordinance, treaty, regulation, or common law of any country, state, province, county, city, or municipality, including 15 U.S.C. § 45, et seq., and all similar statutes in effect in any states in the United States as defined below; state consumer-protection statutes; negligence; negligence per se; breach of contract; breach of implied contract; breach of fiduciary duty; breach of confidence; invasion of privacy; fraud; misrepresentation (whether fraudulent, negligent or innocent); unjust enrichment; bailment; wantonness; failure to provide adequate notice pursuant to any breach notification statute or common law duty; and including, but not limited to, any and all claims for damages, injunctive relief, disgorgement, declaratory relief or judgment, equitable relief, attorneys’ fees and expenses, pre-judgment interest, credit monitoring services, the creation of a fund for future damages, statutory damages, punitive damages, special damages, exemplary damages, restitution, and/ or the appointment of a receiver, whether known or unknown, liquidated or unliquidated, accrued or unaccrued, fixed or contingent, direct or derivative, and any other form of legal or equitable relief that either has been asserted, was asserted, or could have been asserted, by any Class Member against any of the Released Persons based on, relating to, concerning or arising out of the alleged Data Incident or the allegations, transactions, occurrences, facts, or circumstances alleged in or otherwise described in the Litigation.

The Settlement Agreement in Subsection 1.26, 1.28, 1.39, 6.1, and 9.3 describe the Release, Released Claims, and untimely Valid Claims in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here or in the public court records on file in this lawsuit.

The Released Claims do not include any claims arising from or relating to any conduct by Defendant after the date the Agreement is executed. The Released Claims shall also not include the right of Plaintiff, any Class Member, or any Releasing Party to enforce the terms of the Settlement Agreement.

If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Incident. You will be in the Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this Settlement.

You can ask to be excluded from the Settlement. To do so, you must mail a letter or exclusion form stating: (1) the name of the proceeding, Billy Perry v. Bay & Bay Transportation Services, Inc., Case No. 22-cv-973 (D. Minn.); (2) your full name; (3) your current address; (4) your personal signature; and (5) a clear statement of your intent to opt-out of or exclude yourself from the settlement. You must mail your exclusion request, postmarked no later than December 7, 2023, to the following address:

Billy Perry v. Bay & Bay Transportation Services, Inc.
c/o Settlement Administrator
P.O. Box 2005
Chanhassen, MN 55317-2005

You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.

If you did not exclude yourself from the Class and think that the Court should not approve the settlement, you can object to the Settlement and provide reasons why you think the settlement should not be approved. Such notice must state: (i) your full name and address; (ii) the case name and docket number, Perry v. Bay & Bay Transportation Services, Inc., No. 22-cv- 973 (JRT/ECW) (D. Minn.); (iii) information identifying yourself as a Class Member, including proof that you are a member of the Class (e.g., copy of your settlement notice, copy of original notice of the Data Incident, or a statement explaining why you believe you are a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable; (v) the identity of any and all counsel representing you in connection with your objection; (vi) a statement whether you and/or your counsel will appear at the Final Fairness Hearing; and (vii) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.

To be timely, written notice of an objection in the appropriate form must be mailed, with a postmark date no later than December 7, 2023, to the Settlement Administrator, Analytics Consulting LLC, at Billy Perry v. Bay & Bay Transportation Services, Inc., c/o Settlement Administrator, P.O. Box 2005, Chanhassen, MN 55317-2005. You or your counsel shall also file any Objection with the Court through the Court’s ECF system or by submitting your objection to the Clerk of Court, which is located at Office of the Clerk, Diana E. Murphy United States Courthouse, 300 South Fourth Street — Suite 202, Minneapolis, MN 55415.

For all objections mailed to the Settlement Administrator, Class Counsel will file them with the Court with the Motion for Final Approval of the Settlement, unless the Objection(s) were previously filed on the docket.

The Court will hold the Final Approval Hearing on January 22, 2024, 10:00 a.m. Central Time via video conference. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award Payments to the Class Representatives.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this Settlement Website, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.