Frequently Asked Questions

  1. Why was the notice issued?

    The Court authorized the notice because you have a right to know about the proposed settlement in this class action lawsuit and about all of your options before the Court decides whether or not to give “final approval” to the settlement. The notice explains the legal rights and options that you may exercise before the Court decides whether to approve the settlement.

    Judge Lisa G. Wood of the United States District Court for the Southern District of Georgia is overseeing this case. The case is known as T.A.N. v. PNI Digital Media, Inc., Case No. 2:16-cv-132-LGW-RSB. The person who sued is called the "Plaintiff". PNI is called the "Defendant".

    If you did not receive the notice, you may review a copy here or contact the Settlement Administrator at 1-844-620-5967 to send you one.

    Back To Top
  2. What is this lawsuit about?

    The lawsuit claims that PNI was responsible for the Security Incident that occurred and asserts claims such as violations of Georgia’s data breach statute, negligence, breach of contract and breach of implied contract, bailment, and unjust enrichment. The lawsuit seeks compensation for people who had losses as a result of the Security Incident.

    PNI denies all of the Plaintiff’s claims and says it did not do anything wrong.

    Back To Top
  3. Why is this lawsuit a class action?

    In a class action, one or more people called “Representative Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.” In this case, the Representative Plaintiff is Tamara Nedlouf. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

    Back To Top
  4. Why is there a settlement?

    By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Class Representative and her attorneys believe the settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class and its members. The settlement does not mean that PNI did anything wrong.

    Back To Top
  5. How do I know if I am included in the settlement?

    You are included in the Settlement Class if you reside in the United States and made an online payment to one or more Retailers for photo services using a credit, debit, or other payment card between June 2014 and the end of July 2015, and provided payment card information to PNI.

    “Retailers” means: The retailers whose customers’ information was or may have been transmitted to PNI’s computer systems that were affected by the Security Incident, including CVS Pharmacy, Inc., Costco Wholesale Corporation, and Rite Aid Corporation.

    Specifically excluded from the Settlement Class are:

    1. PNI and its officers and directors;
    2. All Settlement Class Members who timely and validly request exclusion from the Settlement Class;
    3. The Judge assigned to evaluate the fairness of this settlement; and
    4. 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 Security Incident or who pleads nolo contender to any such charge.

    Back To Top
  6. What if I am not sure whether I am included in the settlement?

    If you are not sure whether you are included in the settlement, you may call 1-844-620-5967 or write with questions to PNI Settlement Administrator, P.O. Box 4230, Portland, OR 97208-4230.

    Back To Top
  7. What does the settlement provide?

    The settlement will provide payments to people who submit valid claims. There are two types of payments that are available: (1) Expense Reimbursement and (2) Extraordinary Expense Reimbursement. You may submit a claim for either or both types of payments. In order to claim each type of payment, you must provide related documentation with the Claim Form.

    Back To Top
  8. What payments are available for Expense Reimbursement?

    Class Members are eligible to receive reimbursement of up to $250 (in total) for the following categories of out-pocket expenses resulting from the Security Incident:

    • Unreimbursed bank fees;
    • Unreimbursed card reissuance fees;
    • Unreimbursed overdraft fees;
    • Unreimbursed charges related to unavailability of funds;
    • Unreimbursed late fees;
    • Unreimbursed over-limit fees;
    • Long distance telephone charges;
    • Cell minutes (if charged by minute);
    • Internet usage charges and text messages;
    • Unreimbursed charges from banks or credit card companies;
    • Postage;
    • Interest on payday loans due to card cancelation or due to over-limit situation;
    • Costs of credit report(s);
    • Costs of credit monitoring and identity theft protection (up to $120); and/or
    • Reimbursement of up to three hours of documented lost time (at $15 per hour) spent dealing with replacement card issues or in reversing fraudulent charges and an additional $20 payment for each credit or debit card on which documented fraudulent charges, were incurred that were later reimbursed.

    Back To Top
  9. What payments are available for Extraordinary Expense Reimbursement?

    Class Members who had other extraordinary unreimbursed monetary losses because of information compromised as part of the Security Incident are eligible to make a claim for reimbursement of up to $10,000. As part of the claim, the Class Member must show that:

    1. It is an actual, documented, and unreimbursed monetary loss;
    2. The loss was more likely than not caused by the Security Incident;
    3. The loss occurred during the time period from June 2014 through December 14, 2017;
    4. The loss is not already covered by one or more of the categories in FAQ 8; and
    5. A reasonable effort was made to avoid or seek reimbursement for the loss (including exhaustion of all available credit monitoring insurance and identity theft insurance).

    More details are provided in the Settlement Agreement.

    Back To Top
  10. How do I get benefits?

    To ask for a payment, you must complete and submit a Claim Form electronically, via the Submit a Claim page of this website, or use a paper Claim Form submitted via standard mail.

    Paper Claim Forms are available here, or by calling 1-844-620-5967. If you are submitting by mail, it must be sent to the Settlement Administrator at the following address:

    PNI Settlement Administrator
    P.O. Box 4230
    Portland, OR 97208-4230

    All Claim Forms must be postmarked or submitted online no later than December 14, 2017.

    Back To Top
  11. How will claims be decided?

    The Settlement Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Settlement Administrator may require additional information from any claimant. If the required information is not provided timely, the claim will be considered invalid and will not be paid.

    If the claim is complete and the Settlement Administrator denies the claim entirely or partially, the claimant will be provided an opportunity to have their claim reviewed by an impartial Claim Referee who has been appointed by the Court.

    Back To Top
  12. Do I need to do anything to remain in the settlement?

    You do not have to do anything to remain in the settlement, but if you want a payment you must submit a Claim Form postmarked or entered online by December 14, 2017.

    Back To Top
  13. What am I giving up as part of the settlement?

    If the settlement becomes final, you will give up your right to sue PNI for the claims being resolved by this settlement. The specific claims you are giving up against PNI are described in Section 1.19 of the Settlement Agreement. You will be “releasing” PNI and all related people or entities as described in Section 6 of the Settlement Agreement. The Settlement Agreement is available here.

    The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the law firms listed in FAQ 17 for free, or you can, of course, talk to your own lawyer if you have questions about what this means.

    Back To Top
  14. If I exclude myself, can I get a payment from this settlement?

    No. If you exclude yourself, you will not be entitled to any benefits of the settlement, but you will not be bound by any Judgment in this case.

    Back To Top
  15. If I do not exclude myself, can I sue PNI for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue PNI for the claims that this settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for a payment.

    Back To Top
  16. How do I exclude myself from the settlement?

    If you do not want a payment from this settlement, but you want to keep the right to sue PNI about issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself from–or is sometimes referred to as “opting out” of–the Settlement Class.

    To exclude yourself, send a letter that says you want to be excluded from the settlement in T.A.N. v. PNI Digital Media, Inc., Case No. 2:16-cv-132-LGW-RSB. Include your name, address, and signature. You must mail your Exclusion Request postmarked by October 28, 2017, to the following address:

    PNI Settlement Administrator
    P.O. Box 4230
    Portland, OR 97208-4230

    Back To Top
  17. Do I have a lawyer in this case?

    Yes. The Court appointed the following lawyers as “Class Counsel”: E. Adam Webb of Webb, Klase & Lemond, LLC, 1900 The Exchange SE, Suite 480, Atlanta, GA 30339 and James B. Durham of Hall Booth Smith, P.C., 3528 Darien Highway, Suite 300, Brunswick, GA 31525. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

    Back To Top
  18. How will the lawyers be paid?

    Class Counsel will request the Court’s approval of an award for attorneys’ fees of $650,000, plus reasonable costs and expenses. Class Counsel will also request approval of an incentive award of $3,750 for the Representative Plaintiff. Any amount that the Court awards for attorneys’ fees, costs, expenses, and an incentive award will be paid separately by PNI and will not reduce the amount of payments to Class Members who submit valid claims.

    Back To Top
  19. How do I tell the Court that I do not like the settlement?

    You can object to the settlement if you do not like it or some part of it. The Court will consider your views. To do so, you must file a written objection in this case, T.A.N. v. PNI Digital Media, Inc., Case No. 2:16-cv-132-LGW-RSB, with the Clerk of the Court at the address below. Your objection must state the following:

    1. Your full name, address, telephone number, and email address (if any);
    2. Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Security Incident);
    3. A written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable;
    4. The identity of all counsel representing you;
    5. The identity of all counsel representing you who will appear at the Final Fairness Hearing;
    6. A list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection;
    7. A statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing;
    8. Your signature and the signature of your duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation);
    9. A list, by case name, court, and docket number, of all other cases in which you (directly or through counsel) have filed an objection to any proposed class action settlement within the last 3 years;
    10. A list, by case name, court, and docket number, of all other cases in which your counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last 3 years; and
    11. A list, by case name, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.

    To be timely, your objection must be filed with the Clerk of the Court for the United States District Court for the Southern District of Georgia no later than October 28, 2017. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel, postmarked no later than October 28, 2017.

    Court Class Counsel Defense Counsel
    Clerk of the Court
    United States District Court
    Brunswick Courthouse
    P.O. Box 1636
    Brunswick, GA 31521
    E. Adam Webb
    Webb, Klase & Lemond, LLC
    1900 The Exchange SE
    Suite 480
    Atlanta, GA 30339
    Paul G. Karlsgodt
    Baker & Hostetler LLP
    1801 California Street
    Suite 4400
    Denver, CO 80202

    Back To Top
  20. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like the settlement and why you do not think it should be approved. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

    Back To Top
  21. When and where will the Court decide whether to approve the settlement?

    The Court will hold a Fairness Hearing at 10:00a.m. on November 17, 2017, at the United States District Court for the Southern District of Georgia located at the Brunswick Courthouse, 801 Gloucester Street, Brunswick, GA 31520. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website or call 1-844-620-5967.

    At this hearing, the Court will consider whether the Settlement Agreement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for an incentive award for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the Settlement Agreement. We do not know how long these decisions will take.

    Back To Top
  22. Do I have to attend the hearing?

    No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 19, the Court will consider it.

    Back To Top
  23. May I speak at the hearing?

    You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file an objection according to the instructions in FAQ 19, including all the information required by items (v), (vi), and (vii). Your objection must be filed with the Clerk of the Court for the United States District Court for the Southern District of Georgia no later than October 28, 2017. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel listed in FAQ 19, postmarked no later than October 28, 2017.

    Back To Top
  24. What happens if I do nothing?

    If you do nothing, you will get no benefits from this settlement. Unless you exclude yourself, after the settlement is granted final approval and the Judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against PNI about the legal issues in this case, ever again.

    Back To Top
  25. How do I get more information?

    This website summarizes the proposed settlement. More details are in a Settlement Agreement. You may also ask to the PNI Settlement Administrator by calling 1-844-620-5967, or by writing to P.O. Box 4230, Portland, OR 97208-4230.

    Back To Top
  26. What was the outcome of the Final Approval (“Fairness”) Hearing?

    The Court held a Final Approval (“Fairness”) Hearing on November 17, 2017 at the United States District Court for the Southern District of Georgia.

    The Order Granting Final Approval to Settlement was entered on December 1, 2017. The Order Granting Final Approval to Settlement can be viewed here.

    Back To Top

Important Dates

  • June 2014 to July 2015
    Class Period
  • October 28, 2017
    Deadline to Object to the Settlement
  • October 28, 2017
    Deadline to Exclude Yourself from the Settlement
  • November 17, 2017 at 10:00 a.m. EST
    Final Approval Hearing
  • December 14, 2017
    Claims Filing Deadline