ULX Class Action Settlement

Frequently Asked Questions

You received this Notice because your personal information may have been compromised in a data breach initially disclosed by ULX in or about July 2023. A Court authorized this Notice because you have a right to know how the proposed Settlement may affect your rights. This Notice explains the nature of the litigation, the general terms of the proposed Settlement and what it may mean to you. This Notice also explains the ways you may participate in, or exclude yourself from, the Settlement.

On March 2, 2023, cybercriminals obtained unauthorized access to ULX’s servers and exfiltrated the personal information of current and former employees and contractors of ULX, as well as in some cases their beneficiaries and dependents (the “Data Breach”). The personal information potentially accessed included names, Social Security numbers, financial information used for payroll, and benefits information.

ULX denies that it did anything wrong, and no court or other entity has made any judgment or other determination of any wrongdoing. Instead, Plaintiffs and ULX have agreed to a settlement to avoid the risk, cost, and time of further litigation

In a class action, one or more people called class representatives sue on behalf of all people who have similar claims. Together all these people are called a “Settlement Class” or “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves from the Settlement Class.

The Court has not decided in favor of Plaintiffs or ULX. Instead, both sides agreed to a settlement. Settlements avoid the costs and uncertainty of a trial and related appeals, while more quickly providing benefits to members of the Settlement Class.

You are a Settlement Class Member if you received this Notice or you were one of the approximately 7,588 individuals who were mailed or emailed a notification that your personal information may have been impacted in the Data Breach occurring in or around March 2023.

Yes. Excluded from the Settlement Class is ULX, its representatives and any judicial officer presiding over this matter, members of their immediate family, and members of their judicial staff.

If you are still not sure whether you are a Settlement Class Member, you may go to the Settlement Website at www.ULXSettlement.com or call the Settlement Administrator’s toll-free number at 1-888-726-1437

Under the Settlement, ULX will pay $1,300,000.00 into a Settlement Fund that will be used to provide the following benefits:

  • Reimbursement for Out-of-Pocket Expenses: The Settlement Fund will be used to reimburse Settlement Class Members for out-of-pocket expenses or losses fairly traceable to the Data Breach, up to $15,000.00 per individual. This may include, but is not limited to:
    • Out-of-pocket costs, expenses, losses, or other charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of a Settlement Class Member’s Personal Information;
    • Out-of-pocket costs incurred after the Data Breach was disclosed associated with changing accounts or engaging in other mitigative conduct; such costs may include notary, fax, postage, copying, mileage, and long-distance telephone charges;
    • Out-of-pocket professional fees incurred to address the Data Breach; and
    • Out-of-pocket purchases of credit monitoring or other mitigative services after the Data Breach was disclosed, through the date of the Settlement Class Member’s Claim submission.
  • Reimbursement for Lost Time: The Settlement Fund will be used to reimburse Settlement Class Members who spent money addressing issues related to the Data Breach for up to twenty (20) hours at twenty-five dollars ($25.00) per hour, totaling $500.00 per individual.
  • Additional Cash Payments: If there is money remaining after reimbursing Settlement Class Members for Out-of-Pocket Expenses, Lost Time, and other Settlement-related obligations, the remaining funds will be split pro rata among participating Settlement Class Members. Please note that additional cash payments are not guaranteed and the amount of these payments will depend on the number of individuals who submit valid claims.
  • Free Credit Monitoring and Identity Restoration Services:ULX will separately pay for Credit Monitoring and Identity Restoration Services through Kroll which will be offered to all Settlement Class Members who elect to enroll through July 11, 2027. The credit and identity theft monitoring will have the following features:
    • Single Bureau Credit Monitoring - You will receive alerts when there are changes to your credit data—for instance, when a new line of credit is applied for in your name. If you do not recognize the activity, you’ll have the option to call a Kroll fraud specialist, who will be able to help you determine if it is an indicator of identity theft.
    • Fraud Consultation - You have unlimited access to consultation with a Kroll fraud specialist. Support includes showing you the most effective ways to protect your identity, explaining your rights and protections under the law, assistance with fraud alerts, and interpreting how personal information is accessed and used, including investigating suspicious activity that could be tied to an identity theft event.
    • Identity Theft Restoration - If you become a victim of identity theft, an experienced Kroll licensed investigator will work on your behalf to resolve related issues. You will have access to a dedicated investigator who understands your issues and can do most of the work for you. Your investigator will be able to dig deep to uncover the scope of the identity theft, and then work to resolve it.
  • Business Practice Commitments: ULX has agreed to implement and maintain certain business practice commitments relating to its information security program from the Effective date of Settlement through
    July 11, 2027, including providing proof of relevant security certifications.

Yes. Settlement Class Members seeking reimbursement must complete and submit a Claim Form to the Settlement Administrator by November 12, 2024. Claim Forms can be submitted online at www.ULXSettlement.com or by mail.  If by mail, the Claim Form must be postmarked by November 12, 2024.

Unless you exclude yourself, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against ULX and the Released Parties for the Released Claims.

Section XIII of the Settlement Agreement defines the claims that will be released by Settlement Class Members who do not exclude themselves from the Settlement. More information regarding the Released Parties and the Released Claims can be found in the Settlement Agreement available at www.ULXSettlement.com

To submit a claim for Settlement benefits including reimbursement for Out-of-Pocket Expenses, Lost Time, Additional Cash Payments, and 3-Bureau Credit Monitoring Services, you will need to submit a Claim Form. There are two options for submitting claims:

(1)        Submit Online: You may fill out and submit the Claim Form online at www.ULXSettlement.com. This is the easiest way to file a claim.

(2)        Submit by Mail: You can download a copy of the Claim Form at www.ULXSettlement.com and mail it to the address below. Alternatively, you can ask the Settlement Administrator to mail a Claim Form to you by calling
1-888-726-1437.

Fill out your Claim Form, and mail it (including postage) to:

Krant v. UnitedLex Corp. Settlement Administrator

PO Box 301132

Los Angeles, CA 90030-1132

Claims Forms must be submitted online or postmarked by November 12, 2024; otherwise you will not be entitled to any of the Settlement benefits, but you will be bound by the Settlement and the Court’s judgment. 

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1-888-726-1437 or by writing to:

Krant v. UnitedLex Corp. Settlement Administrator

PO Box 301132

Los Angeles, CA 90030-1132

If you make a valid claim, payment will be provided by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check www.ULXSettlement.com for updates.

Yes, the Court has appointed J. Austin Moore of Stueve Siegel Hanson LLP, Bryce B. Bell of Bell Law, LLC, Tyler W. Hudson of Wagstaff & Cartmell, Manuel Santiago Hiraldo of Hiraldo P.A., and Rachel Dapeer of Dapeer Law, P.A. to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Lawsuit.

Class Counsel have undertaken this case on a contingency-fee basis and have not been paid any money in relation to their work on this case to date. Accordingly, Class Counsel will ask the Court to award them attorneys’ fees of up to one-third (33.33%) of the Settlement Fund, and reimbursement for costs and expenses up to $30,000 to be paid from the Settlement Fund. You will not have to separately pay any portion of these fees yourself.

The Court will decide the amount of fees and costs and expenses to be paid. Class Counsel’s request for attorneys’ fees and costs (which must be approved by the Court) will be filed by September 1, 2024 and will be available to view on the Settlement Website at www.ULXSettlement.com.

To exclude yourself from the Settlement, you must mail the Settlement Administrator written notice of a request for exclusion, which includes:

(1)   The case name (Krant, et al. v. UnitedLex Corp., Case No. 2:23-cv-02443-DDC-TJJ (D. Kan.)) or similar identifying words such as “UnitedLex Data Breach Lawsuit”;

(2)   Your name, address, and telephone number;

(3)   A clear statement you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the proposed Settlement Class in Krant, v. UnitedLex Corp., Case No. 2:23-cv-02443-DDC-TJJ in the United States District Court for the District of Kansas; and

(4)   Your signature

The exclusion request must be postmarked and sent to the Settlement Administrator at the following address by
September 23, 2024:

Krant v. UnitedLex Corp. Settlement Administrator

PO Box 301132

Los Angeles, CA 90030-1132

You cannot exclude yourself by telephone or by email.

No. If you exclude yourself, you are telling the Court you do not want to be part of the Settlement. You can get Settlement benefits only if you stay in the Settlement and submit a valid Claim Form.

No. Unless you exclude yourself, you give up any right to sue ULX and the Released Parties for the Released Claims in this Settlement. You must exclude yourself from this Lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court that you do not agree with all or any part of the Settlement or requested attorneys’ fees and expenses. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees and expenses. To object, you must mail written notice to the Settlement Administrator, as provided below, no later than September 23, 2024, stating you object to the Settlement in Krant, et al. v. UnitedLex Corp., Case No. 2:23-cv-02443-DDC-TJJ (D. Kan.). The objection must also include the following additional information:

(1)            The case name (Krant, et al. v. UnitedLex Corp., Case No. 2:23-cv-02443-DDC-TJJ (D. Kan.)) or similar identifying words such as “UnitedLex Data Breach Lawsuit”;

(2)            Your full name, address, and telephone number;

(3)            The specific grounds for the objection, as well as any documents supporting the objection;

(4)            A statement as to whether the objection applies only to you and your circumstances, to a specific subset of the Class, or to the entire Class;

(5)            The name and address of any attorneys representing you with respect to the objection;

(6)            A statement regarding whether you or your attorney intend to appear at the Final Approval Hearing; and

(7)            You or your attorney’s signature.

To be timely, written notice of an objection in the appropriate form must be mailed to the Settlement Administrator postmarked no later than September 23, 2024 at the following address:

Krant v. UnitedLex Corp. Settlement Administrator

PO Box 301132

Los Angeles, CA 90030-1132

Any Settlement Class member who fails to comply with the requirements for objecting in Paragraph 93 of the Settlement Agreement shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Lawsuit

Objecting is simply telling the Court you do not like something about the Settlement or the requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (that is, do not exclude yourself). You will still be bound by the Settlement if you object. Requesting exclusion is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you exclude yourself, you cannot object to the Settlement, and you will not be bound by the Settlement and will not receive any Settlement benefits.

The Court will hold a Final Approval Hearing on December 10, 2024, at 1:00 p.m. CST before the Honorable Daniel D. Crabtree, U.S. District Court for the District of Kansas, 500 State Avenue, Kansas City, KS 66101.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve: the Settlement, Class Counsel’s application for attorneys’ fees, costs and expenses, and the service awards to Plaintiffs. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change. The Court may also decide to hold the hearing via videoconference or by phone. Any change will be posted at www.ULXSettlement.com.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you file or mail your written objection on time, the Court will consider it.

Yes, as long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you. If you choose to make an appearance, you must follow all of the procedures for objecting to the Settlement listed in Section 19 above and specifically include a statement whether you and your counsel will appear at the Final Approval Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits. You will give up the rights explained in the “Excluding Yourself from the Settlement” section of this Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Data Breach.

Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available at the case documents tab, by calling 1-888-726-1437 or by writing to:

Krant v. UnitedLex Corp. Settlement Administrator

PO Box 301132

Los Angeles, CA 90030-1132

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE REGARDING THIS NOTICE.