1. Why did I get the Notice?
2. What is the lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. How do I know if I am part of the settlement?
6. What does the settlement provide and how can I claim benefits?
7. When would I get my benefits?
8. What am I giving up to get a payment?
9. How do I get out of the settlement?
10. If I don’t exclude myself, can I sue later for the same thing?
11. If I exclude myself, can I get money from this settlement?
12. Do I have a lawyer in this case?
13. How will the lawyers be paid?
14. How do I tell the Court that I don’t like the settlement?
15. What’s the difference between objecting and excluding?
16. When and where will the Court decide whether to approve the settlement?
17. Do I have to come to the hearing?
18. May I speak at the hearing?
19. What happens if I do nothing at all?
20. Are there more details about the settlement?
The Notice, which has been posted to this settlement website here, relates to a class action brought against Defendant relating to a Data Breach that occurred on or about February 12, 2022, in which Plaintiff alleges that Smith Transport (“Defendant”) experienced a cyberattack resulting in the potential disclosure of personal information and protected health information, including names, Social Security numbers, dates of birth, drivers’ licenses or other state identification card numbers.
The Court approved this notice because class members have a right to know about the proposed class action settlement, and about their options, before the Court decides whether to approve the settlement. The Notice explains the lawsuit, the settlement, class members’ legal rights, what benefits are available, and how to claim those benefits.
The Court in charge of the case is the Blair County, Pennsylvania Court of Common Pleas, and the case is known as Black v. Smith Transport, Inc., No. 2022 GM 3110. The person who sued is called the Plaintiff, and the company sued is called the Defendant.
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The lawsuit claims that the Defendant failed to properly safeguard the personally identifiable information that Plaintiff alleges was compromised in the Data Breach. Defendant contends that it acted in accordance with applicable law and that it has no liability or fault relating to the Data Breach.
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In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of themselves and other people who have similar claims. All these people are called a Class or Class Members. This is a class action because the Court has preliminarily determined that the Settlement meets the legal requirements for resolution of a class action. Because the case is a class action, one court resolves the issues for everyone in the Class, except for those people who choose to exclude themselves from the Class.
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The Court did not decide in favor of the Plaintiff or the Defendant. Instead, both sides agreed to a settlement. The Plaintiff has the duty to act in the best interests of the class as a whole and, in this case, it is the Plaintiff’s belief, as well as Class Counsel’s opinion, that this settlement is in the best interest of all Class Members for at least the following reasons:
There is legal uncertainty about whether a judge or a jury will find that Defendant is legally responsible, whether this case could proceed as a class action if litigated, whether Plaintiff would be able to prove causation and damages at trial, and whether any verdict would withstand appeal, which might result in Class Members receiving no recovery, or a substantially smaller recovery than that being offered here. Even if the Plaintiff were to win at trial, there is no assurance that the Class Members would be awarded more than the current settlement provides, and it may take years of litigation before any payments would be made. By settling, the Class Members will avoid these, and other risks, and the delays associated with continued litigation in exchange for access to guaranteed benefits now.
Although Defendant disputes Plaintiff’s claims, it has agreed to settle the lawsuit to avoid the costs, distractions, and risks of litigation. Thus, even though Defendant denies that it did anything improper, it believes settlement is in the best interests of all the Parties. The Court will evaluate the settlement to determine whether it is fair, reasonable, and adequate before it approves the settlement.
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To see if you will get money or other benefits from this settlement, you first must decide if you are a Class Member.
If you received a notice from Defendant that your information was potentially compromised in the Data Breach, then you are a member of the Settlement Class and you will be a part of the settlement unless you exclude yourself. If you are not sure whether you have been properly included, you can call (833) 296-0889 to check.
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The Settlement provides for various benefits, and Class Members can claim as many of the benefits as they are entitled to.
First, Class Members may submit a claim, at no cost, three years of credit monitoring and identity theft protection services (including $1,000,000 in identity theft insurance).
Second, Class Members who suffered documented out-of-pocket expense fairly traceable to the Data Breach may submit a claim for a cash reimbursement. Defendant will pay valid claims for documented ordinary expenses (up to $400.00).
Third, Class Members may claim the time they spent responding to the Data Breach (up to $80.00, at $20/hour for up to four hours) that a Class Member experienced attributable to the Data Breach.
Next, Defendant will pay valid claims for documented extraordinary losses up to $4,000 for Class Members who were the victim of actual documented identity theft. Ordinary expenses include (i) out-of-pocket expenses incurred as a result of the Data Breach, including bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), miscellaneous expenses, such as postage, notary, fax, copying, mileage, and/or gasoline for local travel; (ii) fees for credit reports, credit monitoring, and/or other identity theft insurance products purchased between the date of the February 12, 2022, and the close of the Claim Deadline. Extraordinary losses include documented unreimbursed losses relating to fraud stemming from the Data Breach.
To receive any of the cash benefits or the three years of identity theft protection services available from the settlement, you must submit a claim using a Claim Form, which may be filed online here, downloaded here or by calling (833) 296-0889. Claim forms must be submitted online or mailed and postmarked no later than July 17, 2025.
In addition to these benefits, Defendant has agreed to pay for the costs of notice and settlement administration, attorneys’ fees and expenses approved by the Court up to $375,000.00, and a Service Award to Plaintiff approved by the Court of up to $2,500.00, all in addition to the other benefits described above.
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The Court will hold a hearing on September 16, 2025 at 10:00 a.m. to decide whether to approve the settlement. You do not need to attend this hearing. If the Court approves the settlement, there may be a period when appeals can be filed. Once any appeals are resolved or if no appeals are filed, it will be possible to distribute the funds. This may take several months and perhaps more than a year.
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Unless you exclude yourself, you are staying in the Class, and that means you cannot sue, continue to sue, or be part of any other lawsuit against Defendant relating to the legal claims in this case. It also means that all the Court’s orders will apply to you. Once the settlement is final, your claims relating to this case will be released.
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If you do not want a payment from this settlement or the other benefits described here, but you want to keep the right to sue or continue to sue the Defendant on your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—or is sometimes referred to as “opting out” of the settlement.
To exclude yourself from this settlement, you must send a letter by mail saying that you want to opt-out or be excluded from Black v. Smith Transport, Inc. The letter must include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than June 17, 2025, to:
Black v. Smith Transport, Inc. Exclusions
P.O. Box 25226
Santa Ana, CA 92799
You cannot exclude yourself on the phone or by email. If you ask to be excluded, you will not get any settlement benefits, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit.
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No. Unless you exclude yourself, you give up the right to sue the Defendant for the claims resolved by this settlement. If the settlement is finally approved, you will be permanently enjoined and barred from initiating or continuing any lawsuit or other proceeding against Defendant about the issues in this lawsuit. Remember that the exclusion deadline is June 17, 2025.
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No. If you choose to exclude yourself, you are not eligible for any money or other benefits from this settlement.
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The Court appointed the law firms of Stranch, Jennings & Garvey, PLLC; and Cohen & Malad, LLP; to represent you and other Class Members. Together, the lawyers are called Class Counsel. 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.
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Class Counsel will ask the Court for attorneys’ fees and expenses of up to $375,000.00, and a Service Award to the Plaintiff for $2,500.00, all to be paid by the Defendant, subject to Court approval, separate from, and in addition to, the benefits offered to Class Members under the Settlement.
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You can tell the Court that you don’t agree with the settlement or some part of it.
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. To object, you must send a letter to the Settlement Administrator saying that you object to the settlement, or part of it, in Black v. Smith Transport, Inc. To have your objection considered by the Court, you also must file your objection with the Clerk of the Court (identified below). You must state the reasons for your objection and include any evidence, briefs, motions, or other materials you intend to offer in support of the objection. You must include your name, address, telephone number, your signature, and the reasons you object to the settlement, along with any materials in support of your arguments. If you intend to appear at the final approval hearing either yourself or by a lawyer, you must also state your intention to appear. You must mail the objection to the Settlement Administrator at the following address no later than June 17, 2025.
Clerk of the Court | Settlement Administrator |
Blair County Court of Common Pleas | Black v. Smith Transport, Inc. Objections |
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Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the settlement. Excluding yourself is telling the Court that you don’t want to be part of the settlement. If you exclude yourself, you have no basis to object because this case no longer affects you.
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The Court will hold a hearing to decide whether to approve the settlement. You do not need to attend, but you are welcome to do so if you choose.
The Court will hold a Final Approval Hearing on September 16, 2025 at 10:00 a.m. at Courtroom 2 (or by telephonic or videoconference if necessary; please check the Settlement Website for updates on the hearing). At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and complied with Question 18 The Court may also decide how much to pay Class Counsel and the Plaintiff. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
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No. You are welcome to come at your own expense if you wish, but Class Counsel will answer questions the Court may have. If you send an objection, you don’t have to come to Court to talk about it, unless you want to. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary unless you want to.
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You may ask the Court for permission to speak at the Final Approval Hearing along with your objection as set forth in Question 14 above.
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If you do nothing, you will be a part of this settlement, but you must submit a claim to receive any benefits. You won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant relating to the claims brought in this case.
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This website and the Notice summarize the proposed settlement in Black v. Smith Transport Inc., No. 2022 GM 3110 (Blair County Court of Common Pleas). You may review the full Settlement Agreement here. You can also call toll-free 1-833-296-0889.
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