Larson v. Aditi Consulting, LLC

This Class Notice is provided pursuant to an order issued by the Court to inform you of the proposed Settlement and the Final Approval Hearing to be held by the Court to consider, among other things, (a) whether the Settlement is fair, reasonable and adequate and should be approved; and (b) Class Counsel’s request for Class Counsel Fees and Expenses and the Class Representatives’ request for a Service Award. This Class Notice explains the nature of the lawsuit, the general terms of the proposed Settlement (including the benefits available), and your legal rights and obligations. This Class Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses asserted in the Action.

The Honorable Judge Wyman Yip of the King County Washington Superior Court is overseeing this action, which is known as Larson v. Aditi Consulting, LLC, Case No. 22-2-03572-2 SEA (the “Action”). The person that filed the lawsuit is called the “Plaintiff.” Aditi Consulting, LLC (“Aditi Consulting”) is the “Defendant.”

The lawsuit alleges that on or about December 9, 2021, Aditi Consulting experienced a Data Security Incident resulting in access by an unauthorized third party to its computer systems containing current and former employees’ names, dates of birth, and Social Security numbers (the “Data Security Incident”).

Plaintiff alleges that Aditi Consulting failed to adequately safeguard personal information, resulting in the Data Security Incident, and causing persons to be harmed. Aditi Consulting denies any wrongdoing, maintains that it had meritorious defenses, and was prepared to vigorously defend the lawsuit. The settlement is not an admission of wrongdoing or an indication that Aditi Consulting has violated any laws, but rather a resolution of disputed claims.

In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. The Plaintiff (the class representative here), together with the people he represents, are called Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those people who timely exclude themselves from the Settlement Class. In this case, the Class Representative is Curtis Larson.

The Court has not decided in favor of Plaintiff or Aditi Consulting. Instead, both sides agreed to a settlement. Settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to members of the Settlement Class. The Class Representative and attorneys for the Settlement Class (“Settlement Class Counsel”) believe the Settlement is in the best interests of the Settlement Class Members.

You are included in the Settlement Class if you are a member of the following:

All persons who received notice that their personally identifiable information was compromised in Aditi Consulting’s Data Security Incident, approximating 5,216 people.

If you are not sure whether you are in the Class, or have any other questions about the Settlement, call the toll-free number, 1-877-558-2144. You also may write with questions to: Aditi Consulting Data Security Incident c/o Settlement Administrator P.O. Box 58220 Philadelphia, PA 19102, send an e-mail to info@LarsonDataSecurityIncidentSettlement.com.

Aditi Consulting will provide Settlement Class Members the following benefits under the Settlement: (1) coverage under IDX’s credit monitoring and identity restoration services for a period of two (2) years; and (2) reimbursement of documented Economic Losses for (a) Ordinary Losses for unreimbursed out-of-pocket costs fairly traceable to the Data Security Incident, as supported by third-party documentation, up to $500.00 aggregate total per Settlement Class Member; and (b) Extraordinary Losses for unreimbursed losses more likely than not caused by the Data Security Incident, as supported by third-party documentation, and the Settlement Class Member’s written statement, up to $5,000.00 aggregate total per Settlement Class Member; and (3) reimbursement for Lost Time related to the Data Security Incident, at a rate of $25.00 per hour, up to $75.00 aggregate total per Settlement Class Member.

Complete details regarding the settlement benefits are available in the Settlement Agreement.

Settlement Class Members can enroll in the following IDX credit monitoring and identity restoration plan:

• Identity Theft Protection.

  Settlement Class Members shall have the option to sign-up for the two years of IDX services offered by the Settlement (“Settlement Offering”). If a Settlement Class Member elects to utilize the Settlement Offering, he or she can make that election by July 28, 2023. If a Settlement Class Member elects to receive the Settlement Offering, he or she must activate the IDX plan in accordance with the instructions provided.

• Reimbursement of Documented Economic Losses. Any Settlement Class Member may submit one or more Claims for reimbursement for documented Economic Losses related to the Data Security Incident that have not been reimbursed by other third parties, for:
  • Ordinary Losses for unreimbursed out-of-pocket costs fairly traceable to the Data Security Incident, as supported by third-party documentation, up to $500.00 aggregate total per Settlement Class Member; and/or,
  • Extraordinary Losses for unreimbursed Economic Losses more likely than not caused by the Data Security Incident, as supported by third-party documentation, and the Settlement Class Member’s written statement, up to $5,000.00 aggregate total per Settlement Class Member.

• Reimbursement of Lost Time. In addition, any Settlement Class Member may submit a Claim for reimbursement for Lost Time related to the Data Security Incident, at a rate of $25.00 per hour, up to $75.00 aggregate total per Settlement Class Member.

Settlement Class Members who wish to make a timely and properly supported Claim for reimbursement of Economic Losses related to the Data Security Incident for Ordinary Losses or Extraordinary Losses must provide to the Settlement Administrator the information required to evaluate the claim, including:

(a) the Claimant’s name and current address; (b) if applicable, a signed copy of IRS Form 14039 along with a statement that the form was submitted to the Internal Revenue Service; and, (c) the bills or invoices documenting the amount of the Claim and proof that the bills or invoices were paid. Settlement Class Members who wish to make a timely and properly supported Claim for reimbursement of Economic Losses for Extraordinary Losses related to the Data Security Incident must further provide to the Settlement Administrator a signed statement indicating that: (i) the Extraordinary Losses claimed are fairly traceable to the Data Security Incident; and (ii) the total amount claimed has not been reimbursed by any other person or entity. Third-party documentation of Economic Losses is required to establish a Claim. Economic Losses are those that are reasonable and customarily incurred when responding to the type of fraud or identity theft suffered by the Settlement Class Member from the Data Security Incident.

Settlement Class Members who wish to make a timely and properly supported Claim for reimbursement of Lost Time related to the Data Security Incident must provide to the Settlement Administrator the information required to evaluate the claim, including: (a) the Claimant’s name and current address; (b) if applicable, a signed copy of IRS Form 14039 along with a statement that the form was submitted to the Internal Revenue Service; and, (c) a signed statement indicating: (i) the time expended in connection with the Data Security Incident and the reason therefor; and (ii) showing that the Lost Time claimed is fairly traceable to the Data Security Incident.

To receive the IDX Settlement Offering from Aditi Consulting, Settlement Class Members must submit an Election Form by mail or by completeing the Election Form online by July 28, 2023. The Settlement Administrator will notify you of any deficiencies with respect to your Election Form, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your entitlement to the IDX plan.

An Election Form is available on the Important Documents page of this website, by calling 1-877-558-2144 or sending an e-mail to info@LarsonDataSecurityIncidentSettlement.com. Election Forms are also available by writing to the Settlement Administrator at Aditi Consulting Data Security Incident c/o Settlement Administrator P.O. Box 58220 Philadelphia, PA 19102.

For reimbursement of documented Economic Losses related to the Data Security Incident that have not been reimbursed by another third party, for Ordinary Losses up to an aggregate total of $500.00 in reimbursement per Settlement Class Member, for Extraordinary Losses up to an aggregate total of $5,000.00 per Settlement Class Member, for a total $425,000.00 for all Claims, you must complete and submit a Reimbursement Form(s) and provide documentation proving the economic losses as described above.

You can do so by completeing the Reimbursement Form online, downloading a copy from the Important Documents page or by calling 1-877-558-2144 or sending an e-mail to info@LarsonDataSecurityIncidentSettlement.com. For each Reimbursement Form, you must read the instructions carefully, fill out the form completely, attach the required documentation, and either submit the form and documentation through the online Reimbursement Form, or mail the form postmarked no later than JULY 28, 2023, to:

If you have questions about how to file a claim, send an e-mail to info@LarsonDataSecurityIncidentSettlement.com, call 1-877-558-2144.

If you file a timely and valid Reimbursement Form and submit required documentation, the Settlement Administrator will evaluate your claim to confirm your eligibility and calculate your payment amount. The Settlement Administrator will notify you of any deficiencies with respect to your claim, and you will have 21 days after such notice is sent to correct these deficiencies. The Settlement Administrator will then issue a final decision on your claim.

Payments for valid claims will not be made until after the Settlement is finally approved and all appeals and other reviews have been exhausted.

Unless you exclude yourself, you cannot sue Aditi Consulting or be part of any lawsuit against Aditi Consulting about any of the issues in this Action. Unless you exclude yourself, all of the decisions by the Court will bind you. The specific claims you are giving up are described in Paragraph 9 of the Settlement Agreement. You will be releasing your claims against Aditi Consulting and all related people as described in Paragraph 9.

The Settlement Agreement is available on the Important Documents page, by calling 1-877-558-2144 or sending an e-mail to info@LarsonDataSecurityIncidentSettlement.com. The Settlement Agreement describes the released claims with specific descriptions, so please read it carefully. If you have any questions about what this means, you can talk to Settlement Class Counsel, or you can talk to your own lawyer at your own expense.

Yes, you do have a lawyer in the case. The Court appointed the law firms of Cohen & Malad, LLP, Branstetter, Stranch, & Jennings, PLLC, Turke & Strauss LLP and Smith & Dietrich Law Offices PLLC. These firms are called “Settlement Class Counsel.” You will not be charged by these lawyers for their work on this case. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for Aditi Consulting to pay for reasonable attorneys’ fees and expenses of up to $195,000.00, and a Class Representative service award not to exceed $2,500.00. The Court will decide the amount of attorneys’ fees, expenses, and service awards. Any attorneys’ fees, expenses, and service awards approved will be paid by Aditi Consulting and will not reduce the benefits provided to you or the other Settlement Class Members under the proposed Settlement.

If you want to keep the right to sue or continue to sue Aditi Consulting about the legal claims in this case, you must take steps to exclude yourself from the Settlement Class. Excluding yourself is also called “opting out” of the Settlement.

If you exclude yourself, you cannot get anything from the Settlement. If you exclude yourself, you may not apply for any benefits under the proposed Settlement and you cannot object to the proposed Settlement.

If you do not exclude yourself, you cannot sue later. Unless you exclude yourself, you give up the right to sue Aditi Consulting for all of the claims that this proposed Settlement resolves.

To exclude yourself from the proposed Settlement, you must timely submit, by U.S. Mail, written notice of your intent to opt-out of the Settlement to the Settlement Administrator’s designated address established for opt-outs. The written notice must clearly manifest your intent to be excluded from the Settlement Class in Larson v. Aditi Consulting, LLC, 22-2-03572-2 SEA (King Cnty. Wash. Sup. Ct.), and must be signed by you. You can only request exclusion for yourself: you cannot request to exclude any other member of the Settlement Class. Mass opt-outs are not permitted. To be effective, written notice must be postmarked by JUNE 13, 2023, and mailed to:

You cannot ask to be excluded on the phone, by email, or on the website.

If you are a Settlement Class Member, you can object to or comment on the Settlement, Settlement Class Counsel’s request for attorneys’ fees and expenses, and/or the Settlement Class Representative’ request for service awards. To object, you must state in writing that you object to the Settlement, and include the following information in your written objection:

1. The name of the Action;
2. Your full name, mailing address, telephone number, and e-mail address;
3. A statement of the basis on which you claim to be a Settlement Class Member;
4. A written statement of all grounds for your objection, accompanied by any legal support for the objection, and any evidence you wish to introduce in support of the objection;
5. The identity of all counsel, if any, representing you, including any former or current counsel who may claim entitlement to compensation for any reason related to the objection to the Settlement or the Fee Application;
6. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing and the identification of any counsel representing you who intends to appear at the Final Approval Hearing;
7. A list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; and
8. Your signature signed under oath and penalty of perjury or, if legally incapacitated, the signature of your duly authorized representative (along with documentation setting forth such legal incapacitation and representation) (an attorney’s signature is not sufficient).

Failure to include this information may be grounds for the Court to disregard your objection.

To submit an objection, you should file the objection with the Clerk of the Court, 516 Third Avenue, Room E-609, Seattle, Washington 98104, either by U.S. Mail, or in-person, before the Objection Deadline, which is June 13, 2023. Mailed objections must be filed or postmarked on or before this Objection Deadline.

You can object to the Settlement when you wish to remain a Settlement Class Member and be subject to the Settlement but disagree with some aspect of the Settlement. An objection allows your views to be heard in Court.

Excluding yourself from the Settlement Class means that you are no longer a Settlement Class Member and do not want the Settlement to apply to you. Once you are excluded, you lose the right to receive any benefits from the Settlement or to object to any aspect of the Settlement because the case no longer affects you.

The Court will hold a Final Approval Hearing at 11:00 a.m., on July 14, 2023, at the King County, Washington Superior Court, 516 3rd Avenue, Room W382, Seattle, Washington 98104.

At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for attorneys’ fees and expenses, and the service award. If there are objections, the Court will consider them. After the Final Approval Hearing, the Court will decide whether to approve the proposed Settlement and how much to award to Class Counsel as fees and expenses, and the service award. You do not need to attend.

The Final Approval Hearing may be moved to a different date or time without additional notice, so if you wish to attend, it is recommended that you periodically check this website to confirm the date of the Final Approval Hearing.

You do not have to attend the hearing. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you submit a written objection, you do not have to come to the Fairness Hearing to raise your objection. As long as you timely mailed your written objection, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but their attendance is not necessary.

Yes, you may speak at the hearing. If you would like to do so, you must indicate your intent to personally appear and/or testify at the Final Approval Hearing, and identify any counsel representing you who intends to appear at the Final Approval Hearing, when providing written notice of your objection as noted above regarding how to object to the Settlement. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you are a Settlement Class Member and you do nothing, you will be legally bound by the Settlement, but you will not receive the IDX Settlement Offering, or reimbursement for Economic Losses related to the Data Security Incident. You will not be able to bring a lawsuit, continue a lawsuit, or be a part of any other lawsuit against Aditi Consulting about the claims in this case.

If you would like to request benefits under the Settlement, you must follow the instructions described above.

This notice summarizes the proposed Settlement. More details are included in the Settlement Agreement. You can get a copy of the Settlement Agreement and notice by visiting the Important Documents page. You also may write with questions to the Settlement Administrator to Aditi Consulting Data Security Incident c/o Settlement Administrator P.O. Box 58220 Philadelphia, PA 19102 or send an e-mail to info@LarsonDataSecurityIncidentSettlement.com. You can access Reimbursement and Election Forms and review additional documents by visiting the Important Documents page. You can also request to receive Reimbursement and Election Forms, a copy of the Settlement Agreement, and a detailed notice by mail by calling the toll-free number, 1-877-558-2144 or by sending an e-mail to info@LarsonDataSecurityIncidentSettlement.com.