Randall Huffman, et al. v.CommScope, Inc. of North Carolina and CommScope Holding Company, Inc.

Plaintiffs claim that CommScope was hacked on March 26, 2023 (the “Data Incident”). Plaintiffs claim that this hacking exposed certain personally identifiable information (“PII”) and protected health information (“PHI”)—including, the names, Social Security numbers, addresses, financial account information, date of birth, and medical information provided in connection with employment—of CommScope’s current and former employees.

CommScope has denied and continues to deny all of the claims made in the Action, as well as all charges of wrongdoing or liability against them.

In a class action, one or more people called Class Representatives (in this case, Randall Huffman and Bryan Querry) sue on behalf of people who have similar claims. Together, all these people are called a Class or Class Members. One Court resolves the issues for all Class Members, except for those who exclude themselves from the Settlement Class.

The Court did not decide in favor of the Plaintiffs or the Defendants. Instead, the Plaintiffs negotiated a settlement with the Defendants that allows them to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to be compensated without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members

You are part of this Settlement as a Settlement Class Member if you reside in the United States and received notice from CommScope informing you of the Data Incident.

Yes. Excluded from the Settlement are: (1) the judges presiding over this Action, and members of their direct families; (2) the Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants or their parents have a controlling interest and their current or former officers and directors; and (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

If you are still not sure whether you are included, you can call 1-866-742-4955 or visit www.commscopedataincident.com for more information.

The Settlement provides Settlement Class Members with their choice of:

• (1) three years of credit monitoring services, compensation for unreimbursed economic losses (up to $10,000), and compensation for lost time (up to 6 hours at $25 per hour, up to $150);
• OR (2) an estimated $100 cash payment.

CommScope has agreed to pay a total of $440,000 into a Settlement Fund. After deducting the costs of notice and settlement administration, Court-approved attorneys’ fees, costs and expenses, and Class Representative service awards, the net Settlement Fund will be used to pay Settlement Class Members who submit a valid Claim Form

Each Settlement Class Member who submits a valid Claim Form and opts to receive credit monitoring services will receive a three-year subscription to Identity Defense Complete Service provided by the Pango Group (“Credit Monitoring Services”). The Identity Defense Complete Service subscription will include one-bureau credit monitoring, dark web monitoring, real-time inquiry alerts, and $1,000,000 in identity theft insurance, among other features.

In addition to Credit Monitoring Services, Settlement Class Members are eligible to receive compensation for unreimbursed economic losses and for lost time.

• Unreimbursed Economic Losses are out-of-pocket costs related to fraud and identity theft, the purchase of identity protection services, credit monitoring services, or ID theft insurance that are fairly traceable to the Data Breach and have not already been reimbursed by a third party. Settlement Class Members who submit a valid Claim Form with documentation, such as receipts, showing unreimbursed economic losses may receive up to $10,000.
• Lost Time is time spent remedying issues related to the Data Incident. Settlement Class Members who submit a valid Claim Form are eligible to receive up to 6 hours of lost time, at $25.00/hour (up to $150).

Each Settlement Class Member who submits a valid Claim Form and selects the cash option will receive an estimated $100 payment from the Settlement Fund. This cash option, also called an “Alternative Cash Payment,” may be selected instead of the credit monitoring and compensation described above. The amount of the Alternative Cash Payments will be increased or decreased on a pro rata basis depending upon the number of valid claims filed and the amount of funds available for these payments. This means that Settlement Class Members who select this option may receive more or less than the estimated $100.

To qualify for a settlement benefit, you must complete and submit a Claim Form by July 19, 2024. Claim Forms are available and may be filed online at www.commscopedataincident.com. Claim Forms are also available by calling 1-866-742-4955 or by writing to: Huffman et al. v. Commscope, Inc. of North Carolina et al. Settlement Administrator, P.O. Box 59479, Philadelphia, PA 19102-9479.

The Court will hold a Final Fairness Hearing at 10:00 a.m. on July 24, 2024, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time, perhaps more than a year.

Unless you exclude yourself from the Settlement, you will release certain legal claims as they relate to the Settlement. This means that you will no longer be able to sue, continue to sue, or be part of any other lawsuit against CommScope and the Released Parties about the claims made in this Action and released by the Settlement Agreement. You will be legally bound by all of the Court’s orders, as well as the “Released Claims,” below.

“Released Claims” mean any and all claims that either have been asserted or could have been asserted by any Settlement Class Member against any of the Released Parties (CommScope and each of its present and former parents, subsidiaries, divisions, affiliates, predecessors, successors, and assigns, Board of Trustees, and the present and former directors, officers, employees, agents, insurers, shareholders, attorneys, advisors, consultants, representatives, partners, joint venturers, independent contractors, wholesalers, resellers, distributors, retailers, and the predecessors, successors, and assigns of each of them as well as covered entities associated with the alleged data breach) from all liabilities, rights, claims, actions, causes of action, demands, damages, penalties, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to the Data Incident, and conduct that was alleged or could have been alleged in the Litigation, including, without limitation, any claims, actions, causes of action, demands, damages, penalties, losses, or remedies relating to, based upon, resulting from, or arising out of the Data Incident.

To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Huffman et al. v. CommScope, Inc. of North Carolina et al, 5:23-cv-00132 (W.D.N.C.). Your letter must also include your full name, current address, personal signature, and a statement such as “Request for Exclusion” indicating you do not wish to participate in the Settlement or you want to opt-out of the Settlement. Each request for exclusion must request exclusion only for that one individual whose personal signature appears on the request. You must mail your exclusion request, postmarked no later than June 24, 2024, to:

Huffman et al. v. CommScope, Inc. of North Carolina et al. Settlement Administrator
P.O. Box 59479
Philadelphia, PA 19102-9479

No. If you exclude yourself from the Settlement, do not send in a Claim Form to ask for a settlement benefit because you will no longer be eligible for one.

No. If you stay in the Settlement (i.e., do nothing or do not exclude yourself from the Settlement), you give up any right to separately sue the Defendants for the claims released by the Settlement Agreement.

Yes. The Court appointed Raina Borrelli of Turke & Strauss LLP to represent you and other Settlement Class Members as Class Counsel. Class Counsel is experienced in handling similar cases. You will not be charged for this lawyer. If you want to be represented by your own lawyer, you may hire one at your own expense.

If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees in the amount of $146,666.67, plus litigation expenses up to $10,000, as well as $5,000 Service Awards to each of the Class Representatives. If approved, these amounts, as well as the costs of notice and settlement administration, will be deducted from the Settlement Fund before making payments to Settlement Class Members who submit a valid Claim Form.

If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file a written objection with the Court by June 24, 2024.

Your objection must include:

1. the name of the case (Huffman at al. v. CommScope, Inc. of North Carolina et al., 5:23-cv-00132 (W.D. N.C.));
2. your full name, current address, and telephone number;
3. the reasons why you object to the Settlement, including any documents supporting your objection and a description of whether the objection applies only to yourself, a subset of the Settlement Class, or the entire Settlement Class;
4. the name and address of your attorney if you have retained one as well as a description of the attorney’s background and prior experience, the amount of anticipated fees and method of calculation, the attorney’s hourly rate, and the number of hours spent working;
5. a statement indicating whether you or your attorney intend to appear at the Final Approval Hearing;
6. a description and/or copies of evidence that may be introduced at the Final Approval Hearing;
7. a list of proceedings in which the Settlement Class Member has submitted an objection during the past five years; and
8. your signature or the signature of your attorney.

Your objection must be mailed to the Clerk of the United States District Court for the Western District of North Carolina, United States Courthouse, 200 West Broad Street, Room 304, Statesville, North Carolina 28677 by June 24, 2024.

Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or file a claim because the Settlement no longer applies to you.

The Court will hold a Final Fairness Hearing at 10:00 a.m. on July 24, 2024, at the United States Courthouse, 1800 Charles R. Jonas Federal Building, 401 West Trade Street, Charlotte, NC 28202. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly-filed written objections and may also listen to people who have asked to speak at the hearing (see Question 20). The Court will also decide whether to approve payments of fees, expenses, and service awards.

No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.

Yes, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must follow the instructions provided in Question 20 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing, you will not receive any benefits from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants or the Released Parties about the issues resolved by this Settlement and released by the Settlement Agreement.

More details are in the Settlement Agreement, which is available at www.commscopedataincident.com. You may also call 1-866-742-4955, or write to Huffman et al. v. CommScope, Inc. of North Carolina et al. Settlement Administrator, P.O. Box 59479, Philadelphia, PA 19102-9479.