Daniele v. 10UP, Inc. Settlement

The Court authorized the Notice because you have a right to know about the proposed Settlement, which resolves claims asserted against 10UP in this class action Lawsuit and about your options before the Court decides whether to approve the Settlement. If the Court approves the Settlement and if any appeal is filed, after such appeal is resolved, the Settlement Administrator will make the payments that the Settlement allows. If the Court approves the Settlement, and, if any appeal is filed, after any appeals are resolved, you will be bound by the Judgment and terms of the Settlement, unless you timely exclude yourself (“opt out”) from the Settlement.

The Notice explains the Lawsuit, the Settlement, and your legal rights and options, and the deadlines for you to exercise your rights.

To view the Notice, click here.

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of others who have similar claims. All of the people who have similar claims are a “class” or “class members” if the class is certified by the Court. Individual class members do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class, as explained in FAQ 11 and FAQ 17.

This Lawsuit is called Daniele v. 10UP, Inc., Case No. CGC-20-586506 and is pending in the Superior Court for the State of California, County of San Francisco. The Honorable Richard B Ulmer, Superior Court Judge is overseeing this class action Lawsuit.

In their complaint, Plaintiffs state a claim for negligence and certain claims under various California consumer and privacy statutes against 10UP. These claims are based on allegations that, on or about February 24, 2020, 10UP was the target of a data security incident in which 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 the data security incident.

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 issuance of the Notice is not an expression of the Court’s opinion on the merit or the lack of merit of any of Plaintiffs’ claims or 10UP’s defenses in the lawsuit or who is right or wrong. The Court has not decided who is right or wrong. Instead, both sides have agreed to a Settlement to avoid the risk and cost of further litigation.

SFERS does not have information to provide about this Settlement. For information about what has happened in the Lawsuit to date, and about the additional litigation referenced herein, you can access the Settlement Agreement and other case documents on the Documents section of this website. Please also see FAQ 25 below for additional information about accessing case documents through the Court’s website.

According to SFERS’s Notice of Data Breach, 10UP had set up a test environment on a separate computer server, which included a database containing data from approximately 74,000 SFERS member accounts as of August 29, 2018. The Notice of Data Breach also states that, on or about February 24, 2020, 10UP was the target of a widespread Data Breach in which PII of SFERS members that was stored on that server was subject to an unauthorized access and exfiltration, theft, or disclosure. According to SFERS, an outside party accessed the server, and SFERS warned that it could not confirm the PII was not copied. SFERS stated in its Notice of Data Breach that the compromised PII included, without limitation, some or all of the following categories of information for some SFERS members:

1. Full Name;
2. Full Home Address;
3. Date of Birth;
4. Designated Beneficiary Full Name (if any);
5. Designated Beneficiary Date of Birth;
6. Designated Beneficiary Relationship to Member;
7. IRS Form 1099R Information, excluding SSN;
8. Bank ABA (routing) Number; and
9. SFERS Website User Name, Security Questions and Answers.

The Court did not decide in favor of the Plaintiff or 10UP. Instead, both sides have agreed to the Settlement. Both sides want to avoid the risk and cost of further litigation. Plaintiff and Class Counsel also believe that the Settlement is in the best interests of the Settlement Class.

The Court has decided that everyone who fits this description is a Settlement Class Member for purposes of the proposed Settlement:

All San Francisco Employees Retirement System (“SFERS”) members to whom SFERS sent its Notice of Data Breach disclosing that on March 21, 2020, 10up Inc. learned that a test server had been accessed by an outside party on February 24, 2020.

Excluded from the Class are (a) 10UP and its board members, executive-level officers, attorneys, and immediate family members of any such persons; (b) governmental entities; (c) the Court, the Court’s immediate family, and the Court staff; and (d) any person who timely and properly excludes himself or herself from the Class.

If you are not sure if you are included in the Settlement Class, please review the detailed information contained in the Settlement Agreement, available for download here You may also contact the Settlement Administrator at info@SFERS10UPSettlement.com or call toll-free at 888-490-0862.

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.

As part of the Settlement, 10UP is also providing an opportunity to enroll, at no cost to Settlement Class Members, to receive twelve months of Credit Monitoring. Those who enroll will receive one year of identity protection services offered by IDX™, which includes the following services: Triple Bureau Credit Monitoring & Alerts, Cyberscan Dark Web Monitoring, $1 Million Reimbursement Insurance, and Fully Managed Identity Restoration.

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, as described in FAQ 9.

To make a claim and receive a cash payment, you must complete and submit a Claim Form online by October 25, 2023, or by United States mail postmarked by October 25, 2023, to 10UP Settlement, P.O. Box 3968, Portland OR 97208.

Read the instructions on the Claim Form carefully.

A claim can be filed quickly and easily here. If you plan to mail in a Claim Form, then please type or legibly print all requested information, in blue or black ink. To support your Claim, you must provide the following: Name, Address, Email Address. Mail your completed Claim Form, including any supporting documentation, by U.S. mail to

10UP SETTLEMENT
P.O. Box 3968
Portland, OR 97208

If you have any questions regarding the process to submit your Claim Form, you may obtain assistance by calling toll-free 888-490-0862, emailing the Settlement Administrator at info@SFERS10UPSettlement.com or by writing to the Settlement Administrator at the above address.

After the Settlement is approved and becomes final, if you submitted a valid claim (as determined by the Settlement Administrator), you will be mailed a $60 check or issued payment of $60 in accordance with reasonable instructions you provide to the Settlement Administrator.

Reimbursement for Extraordinary Loss means reimbursement for actual loss suffered by a Settlement Class Member, who was the victim of actual identity theft that was more probably than not caused by the alleged Data Breach incident, as provided in this Settlement Agreement. To recover for Extraordinary Loss, a Settlement Class Member must submit a claim for:

1. Actual documented expenses caused by the Data Breach that were incurred by the Class Member after the date June 1, 2020, and before the Claims Deadline, less reimbursement obtained from any other source (for example, such as benefits paid by identity theft insurance), if any. In order for a claim for Reimbursement for Extraordinary Loss to be approved and paid, a Settlement Class Member must provide reasonable documentation to establish both the fact of actual identity theft and the dollar amount of the loss and must have made reasonable efforts to exhaust all sources of such other reimbursement.
2. A Settlement Class Member who has been the victim of actual identity theft may also submit a claim for compensation for actual time spent responding to the Data Security Incident, for up to a maximum of 3 hours at a rate of $25 per hour, as compensation for actual time spent.
3. Claims for Reimbursement for Extraordinary Loss are capped at no more than a maximum of $1,000 per Class Member.

If you received a postcard notice or email notice, your notice contained a Claim Number. If you would like to file a claim, you will be asked for a Unique ID. Please use the Claim Number in your notice as the Unique ID.

Unless you exclude yourself, you will remain in the Settlement Class. Remaining in the Settlement Class means that you cannot sue, continue to sue, or be part of any other lawsuit against 10UP that makes claims based on the facts and legal theories alleged in this Lawsuit. It also means that all of the Court’s orders will apply to you and legally bind you. The Released Claims are detailed in the Settlement Agreement available at Documents section of this website.

If you do nothing, you will remain a member of the Settlement Class and you will be bound by the Settlement. You will not receive a payment.

The named Plaintiffs who brought this Lawsuit will request a Service Payment of up to $10,000 each for their services as Class Representatives and their efforts in bringing the Lawsuit. The Court will make the final decision as to the amount to be paid to the Plaintiffs.

If you submit a Claim Form by October 25, 2023, and the Court approves the Settlement and orders payment to Settlement Class Members, you will receive payment about 60 days after the Court grants Final Approval of the Settlement if no one files an appeal challenging the Settlement. If an appeal is filed payment will be delayed until the appeal is resolved.

The Court has appointed (1) Gretchen Nelson and Gabriel Barenfeld of Nelson & Fraenkel LLP, and (2) Matthew Righetti of Righetti Glugoski, P.C. as Class Counsel. Their contact information is below:

Class Counsel
NELSON & FRAENKEL LLP Gretchen M. Nelson Gabriel S. Barenfeld 601 So. Figueroa Street, Suite 2050 Los Angeles, CA. 90017  gnelson@nflawfirm.com  gbarenfeld@nflawfirm.com	RIGHETTI GLUGOSKI, P.C. Matthew Righetti 456 Montgomery Street. Suite 1400 San Francisco, CA 94104  matt@righettilaw.com

You do not need to hire a lawyer because Class Counsel is working on your behalf.

If you wish to pursue your own lawsuit separate from this one, or if you exclude yourself from the Settlement, these lawyers will no longer represent you. You will need to hire a lawyer if you wish to pursue your own lawsuit against 10UP.

Class Counsel may apply to the Court for an award of Class Counsel’s reasonable attorneys’ fees and costs incurred by Class Counsel in connection with commencing, prosecuting, and settling the Litigation in an amount not to exceed $500,000. The Court will make the final decision as to the amounts to be paid to the Class Counsel and may award amounts different than the requested amounts. If awarded, the attorneys’ fees and costs will be paid by 10UP, and the amounts paid will not reduce the cash payment that Settlement Class Members will receive. You will not under any circumstances have to pay any fees or expenses if you are a Settlement Class Member.

If you are a member of the Settlement Class, do not want monetary benefits, and do not want to be legally bound by the terms of the Settlement, you must exclude yourself (or opt out) from the Settlement Class. If you wish to pursue your own separate lawsuit against 10UP based on the claims that will be released (see FAQ 11) in this Lawsuit, you must exclude yourself from the Settlement Class.

In order to exclude yourself from the Settlement, you must submit a written request to the Settlement Administrator stating your intent to exclude yourself from the Settlement. Your Request for Exclusion must include the following: (1) your name, address, and email address; (2) your physical signature; (3) the name and number of this Lawsuit (i.e., Daniele v. 10UP, Inc., Case No. CGC-20-586506); and (4) a statement that you wish to be excluded from the Settlement Class for purposes of this Settlement. Requests made on behalf of more than one Settlement Class Member are not allowed.

You must mail your Request for Exclusion to the following address:

10UP SETTLEMENT
P.O. Box 3968
Portland, OR 97208

You may also email your Request for Exclusion as an attachment to an email to the following address: info@SFERS10UPSettlement.com.

Requests for Exclusion must be postmarked by or emailed by October 25, 2023.

If you submit a valid request to be excluded from the Settlement Class, you will not be a part of the Settlement, you will not be eligible to receive a payment, will not be bound by the Final Approval Order and Final Judgment entered in the Lawsuit, and will not be precluded from bringing any other claim against 10UP based on the conduct complained of in the Lawsuit. If you submit both a Request for Exclusion and an Objection to the Settlement (as described in FAQ 19), your Objection will not be considered, and you will be deemed to have requested exclusion from the Settlement.

No. Unless you exclude yourself, you give up the right to sue 10UP for any claims that are released (see FAQ 11) by the Settlement. If you have a current lawsuit against 10UP, speak to your lawyer in that lawsuit immediately to determine whether you must exclude yourself from the Settlement Class to continue your own lawsuit against 10UP.

If you are a Settlement Class Member and have not excluded yourself from the Settlement, you can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject this Settlement. If the Court denies approval, no settlement payments will be sent out and the Lawsuit will continue. If that is what you want to happen, you must object. In addition, you can object to Class Counsel’s request for Attorneys’ Fees and Expenses and the request by Plaintiff for a Service Award.

Any objection to the proposed Settlement or to Class Counsel’s request for Attorneys’ Fees and Expenses or the request by Plaintiff for a Service Award must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (Daniele v. 10UP, Inc., Case No. CGC-20-586506), (b) be submitted to the Settlement Administrator, and (c) be filed or postmarked on or before October 25, 2023 to the address below:

10UP SETTLEMENT
P.O. Box 3968
Portland, OR 97208

Your Objection should include (1) your name, address, and email address and signature and date of the objection; (2) the case name and number (Daniele v. 10UP, Inc., Case No. CGC-20-586506); (3) all grounds for the objection, including all citations of legal authority and evidence supporting the objection; (4) the name and contact information of all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection who must enter an appearance with the Court in accordance with the Local Rules; and (5) a statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through attorney).

If you do not timely make your objection, you may be deemed to have waived all objections.

Objecting is telling the Court that you do not like something about the Settlement or Class Counsel’s request for Attorneys’ Fees and Expenses or Plaintiff’s request for a Service Award, while remaining in the Settlement Class and being subject to the Settlement. 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 or the Lawsuit as outlined in FAQ 17. If you exclude yourself, you are no longer a member of the Settlement Class and you do not have a right to share in the Settlement’s proceeds or to object because the Settlement no longer affects you.

The Court granted final approval to the Settlement on January 18, 2024.

If you change your postal or email address, it is your responsibility to inform the Settlement Administrator of your updated information. You may do so either by mail or email at the addresses below:

10UP SETTLEMENT
P.O. Box 3968
Portland, OR 97208
info@SFERS10UPSettlement.com

If you received an email from noreply@EpiqPay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.

If you have any questions about the EpiqPay email you received, please provide us with your full name and current email address so we can look up your file. If a tracking number was listed at the bottom of your EpiqPay emails, please provide to us that as well.

EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay, and case-specific information about the payment notification you may have recently received is available on this website.

Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications, in case you experience any issues using your card.

Emails regarding digital payments for this matter commenced on April 19, 2024, and digital payments will be available to claim through July 21, 2024. During that window, Epiq digital payment emails were or will be sent from noreply@EpiqPay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

If you received an email from rewards@reward.tremendous.com, this email is legitimate. You received this email as you selected a payment option that uses Tremendous, one of our third-party payment partners, to process your payment and notify you of your payment status.

No. Once you have made your choice to redeem your payment digitally, Epiq can no longer convert your payment into a check. If you are having any issues receiving or using your chosen digital payment, please contact our payment partner at help@tremendous.com.

Those selecting the check tile option on the EpiqPay payment wall will generally receive a physical check 4-6 weeks after making their selection. Please be patient while we process your request. Processing and postal delivery times for checks may vary.

This website summarizes the proposed Settlement and does not cover all the issues and proceedings that have occurred. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, which can be found in the Documents section of the website. You may also contact the Settlement Administrator by email at info@SFERS10UPSettlement.com or toll-free telephone call at 1-888-490-0862, or Class Counsel at the email addresses provided in FAQ 15.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.