Daniele v. 10UP, Inc. Settlement

Plaintiffs and Class Representatives (“Plaintiffs”) and 10UP, Inc. (“10 UP” or “Defendant”) have reached a Settlement in a class action lawsuit (the “Settlement”) entitled Daniele v. 10UP, Inc., San Francisco Superior Court Case No. CGC-20-586506 (the “Lawsuit”).

The Lawsuit alleges that, on or about February 24, 2020, 10UP was the target of a widespread data breach (“Data Breach”) in which nonredacted and nonencrypted personally identifiable information (“PII”) of certain SFERS members was subject to an unauthorized access and exfiltration, theft, or disclosure to an outside party, as a result of 10UP’s allegedly inadequate security procedures and practices.

SFERS sent a Notice of Data Breach on or about March 24, 2020 (along with an updated notice on or about June 2, 2020), which advised approximately 74,000 SFERS members of a data breach (“Settlement Class Members”).

10UP denies these allegations. 10UP further asserts that it complied with all applicable laws and regulations. Finally, 10UP asserts that no member of the Settlement Class, including the Plaintiffs, or any other person has sustained any damages or injuries due to the alleged incident.

The Court has not decided who is right or wrong. Instead, both sides have agreed to the Settlement to resolve the dispute without further litigation risk and expense.

10UP has agreed to pay a $60 cash payment to Settlement Class Members who submit a claim, as well as attorneys’ fees, expenses, and administration costs to settle the Lawsuit. Settlement Class Members are those SFERS members to whom a Notice of Data Breach was sent. If you received this Notice, then you are a Settlement Class Member. To obtain payment of the Settlement benefits, Settlement Class Members will be required to submit a claim to the Settlement Administrator consistent with the procedures described below.

As part of the Settlement, 10UP is also providing an opportunity to enroll, at no cost to the Settlement Class Member, to receive twelve months of Credit Monitoring. Also, each Settlement Class Member who was the victim of actual identity theft resulting in Extraordinary Loss that was more probably than not caused by the Data Security Incident, may submit a claim for reimbursement.

Your Legal Rights and Options in This Lawsuit

Submit a Claim Form by October 25, 2023	If you wish to obtain settlement benefits, you must submit a claim to the Settlement Administrator to obtain a cash payment. To make a claim you must submit a Claim Form by the deadline. Claim Forms can be submitted online or by mail. For detailed information about eligibility requirements and how to file a claim, see FAQ 6 and FAQ 8.
Exclude Yourself by October 25, 2023	You can exclude yourself from the Settlement by informing the Settlement Administrator that you want to “opt out” of the Settlement by sending in a Request for Exclusion. If the Settlement is approved, this is the only option that allows you to retain your rights to sue 10UP for the claims that are released by this Settlement (see FAQs 10 and 17). If you exclude yourself, however, you will not be eligible to submit a Claim Form or to receive a cash payment. For detailed information about how to exclude yourself, see FAQ 16.
Object to the Settlement by October 25, 2023	You may object to the Settlement by writing to the Settlement Administrator and informing it why you don’t think the Settlement should be approved. But a Settlement Class Member who submits a Request for Exclusion lacks standing to object. For detailed information about how to object to or comment on the Settlement, see FAQ 18.
Attend the “Final Approval” Hearing on January 18, 2024	The Court will hold a Final Approval Hearing to consider the Settlement, the request by the lawyers who brought the Lawsuit (“Settlement Class Counsel”) for attorneys’ fees and expenses, and Plaintiffs’ request for a service award for bringing the Lawsuit. You may, but are not required to, speak at the Final Approval Hearing about any objection you filed. If you intend to speak at the Final Approval Hearing, you must follow the procedures set forth in FAQ 18 when you serve your objection.
Do Nothing	If you are a Settlement Class Member and you do nothing, you will not be eligible to receive settlement benefits. However, if the Settlement is approved by the Court, you will give up your rights to sue 10UP for claims that are released by this Settlement. (See FAQs 10-11.)

These rights and options—and the deadlines to exercise them—are explained further on the Frequently Asked Questions (FAQs) page of this website.