Hashemi, et al. v. Bosley, Inc.

United States District Court Central District of California
Case No. 2:21-cv-00946 PSG (RAOx)





FREQUENTLY ASKED QUESTIONS





BASIC INFORMATION

The Court authorized this notice because you have a right to know about the proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the Settlement. This notice explains the legal rights and options that you may exercise before the Court decides whether to approve the Settlement.



Judge Philip S. Gutierrez of the United States District Court for the Central District of California is overseeing this case. The case is known as Hashemi, et. al. v. Bosley, Inc., Case No. 21-cv-00946-PSG (RAOx). The persons who sued are called the Plaintiffs. Bosley is called the Defendant.



The lawsuit claims that Bosley was responsible for the Data Incident and asserts claims such as: negligence, breach of confidence, violation of California’s Unfair Competition Law, violation of the California Consumer Privacy Act, breach of implied contract, violation of the California Confidentiality of Medical Information Act, violation of the California Customer Records Act, violation of the Florida Deceptive and Unfair Trade Practices Act, violation of New York General Business Law § 349, intrusion into private affairs / invasion of privacy, and declaratory Judgment. The lawsuit seeks compensation for people who experienced unreimbursed, documented out-of-pocket expenses, fraudulent charges, and/or lost time spent dealing with the aftermath / clean-up of the Data Incident; or unreimbursed, documented extraordinary monetary losses as a result of the Data Incident.



Bosley denies all of the Plaintiffs’ claims and maintains that it did not do anything wrong.



In a class action, one or more people called “Representative Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.” In this case, the Representative Plaintiffs are Ken Hashemi, Steve Altes, Sandra Johnson-Foster, Gregory Boute, Rafael Artime, and John Bowden. In addition, Steve Altes is representing a subclass of California residents whose personal information was potentially compromised in the Data Incident. One Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.



By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Representative Plaintiffs and their attorneys believe the Settlement is fair, reasonable, and adequate and, thus, best for the Class and its members. The Settlement does NOT mean that Bosley did anything wrong.



WHO IS IN THE SETTLEMENT?

You are included in the Settlement Class if you were notified by mail of the Data Incident in 2021, and you were a person residing in the United States whose personally identifiable information (PII) was potentially compromised in the Data Incident. Members of the Settlement Class who were residing in the State of California at the time of the Data Incident are also included in the California Settlement Subclass.



Specifically excluded from the Settlement Class and California Settlement Subclass are:



(i) Bosley and Bosley’s parents, subsidiaries, affiliates, officers and directors, and any entity in which Bosley has a controlling interest;



(ii) all individuals who make a timely election to be excluded from this proceeding using the correct protocol for opting out;



(iii) any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions;



(iv) banks and other entities that issued payment cards which were utilized at Bosley during the Data Incident;



(v) the attorneys representing the any of the parties in the lawsuit;



(vi) all judges assigned to hear any aspect of the lawsuit, as well as their immediate family members; and



(vii) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Data Incident, or who pleads nolo contendere to any such charge.



If you are not sure whether you are included in the Settlement, you may call

1-888-281-3953

with questions, email

BosleySettlement@cptgroup.com

, or visit the Court Documents page

here

.



THE SETTLEMENT BENEFITS

The Settlement will provide payments to people who submit valid claims.



There are two types of general payments that are available:



1. Ordinary Expense Reimbursement (

Question 8

) and



2. Extraordinary Expense Reimbursement (

Question 9

).



You may submit a claim for either or both types of payments. You must also provide proof of your class membership in the form of either



1. the unique CPT ID and Passcode provided in the notice you received by postcard or e-mail; or



2. name and one of the following:



a. physical address you provided to Bosley for hair restoration services, employment, or inquiries for the same or



b. e-mail address provided to Bosley for hair restoration services, employment, or inquiries for the same.



If you provide a bill or payment card statement as part of required proof for any part of your claim, you may redact unrelated transactions and all but the first four and last four digits of any account number. To claim each type of payment, you must provide related documentation with the Claim Form, and the expense for which you are submitting a claim form cannot have been reimbursed through any other source.



In addition, California residents who are members of the California Settlement Subclass are eligible for a California statutory damages award of up to $50.



Finally, as part of the Settlement, Bosley has agreed to implement and/or maintain certain data security measures. More details are provided in the Settlement Agreement.



Class Members are each eligible to receive reimbursement of up to $300 (in total, per person) for the following categories of unreimbursed, documented out-pocket expenses resulting from the Data Incident:



• Cost to obtain credit reports;



• Fees relating to a credit freeze;



• Card replacement fees;



• Late fees;



• Overlimit fees;



• Interest on payday loans taken as a result of the Data Incident;



• Other bank or credit card fees;



• Postage, mileage, and other incidental expenses resulting from lack of access to an existing account;



• Costs associated with credit monitoring or identity theft insurance purchased prior to the, if purchased primarily as a result of the Data Incident; and



• up to four (4) hours of unreimbursed attested lost time (at $20 per hour) spent monitoring accounts, reversing fraudulent charges, or otherwise dealing with the aftermath/clean-up of the Data Incident (only if at least one full hour was spent and the Class Member provides a description of the activities performed during the time claimed as reflected in the Claim Form).



Class Members who had other extraordinary unreimbursed fraudulent charges or out-of-pocket losses and/or lost time incurred as a result of, or in resolving issues and losses caused by, the Data Incident, are eligible to make a claim for reimbursement of up to $5,000 per Class Member. As part of the claim, the Class Member must plausibly show that:



1. it is an actual, documented, and unreimbursed monetary loss;



2. the loss was caused by the Data Incident;



3. the loss occurred during the time period from August 17, 2020 through and including the end of the Claims Deadline;



4. the loss is not already covered by one or more of the categories in

Question 8

or reimbursed through any other source; and



5. a reasonable effort was made to avoid or seek reimbursement for the loss (including exhaustion of all available credit monitoring insurance and identity theft insurance).



Class Members who had documented extraordinary unreimbursed expenses may also make a claim for up to four (4) hours of unreimbursed attested lost time (at $20 per hour) spent monitoring accounts, reversing fraudulent charges, or otherwise dealing with the aftermath/clean-up of the Data Incident (only if at least one full hour was spent and the Class Member provides a description of the activities performed during the time claimed as reflected in the Claim Form).



More details are provided in the Settlement Agreement.



HOW TO GET BENEFITS

To ask for a payment, you must complete and submit a Claim Form. Claim Forms are available on the Court Documents page, or you may request one by mail by calling

1-888-281-3953

, or by emailing

BosleySettlement@cptgroup.com

. Read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than July 7, 2022 to:



SETTLEMENT ADMINISTRATOR


Bosley Settlement


c/o CPT Group, Inc.


50 Corporate Park


Irvine, CA 92606



The Claims Administrator will decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may require additional information from any claimant. If the required information is not provided timely, the claim will be considered invalid and will not be paid.



REMAINING IN THE SETTLEMENT

You do not have to do anything to remain in the Settlement, but if you want a payment you must submit a Claim Form postmarked by July 7, 2022.



If the Settlement becomes final, you will give up your right to sue for the claims being resolved by this Settlement. The specific claims you are giving up are described in Section 1.24 of the Settlement Agreement. You will be “releasing” Bosley and all related people or entities as described in Section 6 of the Settlement Agreement. The Settlement Agreement is available

here

.



The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the law firms listed in

Question 17

for free or, you can, of course, talk to your own lawyer at your own expense if you have questions about what this means.



EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want a payment from this Settlement, but you want to keep the right to sue Bosley about issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself from – or is sometimes referred to as “opting out” of – the Settlement Class.

No. If you exclude yourself, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.



No. Unless you exclude yourself, you give up any right to sue for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for a payment.



To exclude yourself, send a letter that says you want to be excluded from the Settlement in Hashemi, et. al. v. Bosley, Inc. et. al., Case No. 21-cv-00946-PSG (RAOx). Include your name, address, and signature. You must mail your Exclusion Request postmarked by June 7, 2022, to:



SETTLEMENT ADMINISTRATOR


Bosley Settlement


c/o CPT Group, Inc.


50 Corporate Park


Irvine, CA 92606



THE LAWYERS REPRESENTING YOU

Yes. The Court appointed the following lawyers as “Class Counsel”:



M. Anderson Berry of Clayeo C. Arnold

Jeffrey S. Goldenberg of Goldenberg Schneider, LPA

David K. Lietz of Milberg Coleman Bryson Phillips Grossman, PLLC

Charles E. Schaffer of Levin Sedran & Berman, LLP

865 Howe Avenue


Sacramento, CA 95825


Telephone:

(916) 777-7777

4445 Lake Forest Drive, Suite 490


Cincinnati, OH 45242


Telephone:

(513) 345-8297

5335 Wisconsin Avenue NW, Suite 440


Washington, D.C. 20015-2052


Telephone:

(866) 252-0878

510 Walnut Street, Suite 500


Philadelphia, PA 19106


Telephone:

(215) 592-1500



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.



Class Counsel will request the Court’s approval of an award for attorneys’ fees and reasonable costs and expenses of up to $262,500. Class Counsel will also request approval of an incentive award of $1,250 for each of the Representative Plaintiffs. Any amount that the Court awards for attorneys’ fees, costs, expenses, and an incentive award will be paid separately by Bosley and will not reduce the amount of payments to Class Members who submit valid claims.



OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the Settlement or some part of it.

You can object to the Settlement if you do not like it or some part of it. The Court will consider your views. To do so, you must file a written objection in this case, Hashemi, et. al. v. Bosley, Inc., Case No. 21-cv-00946-PSG (RAOx), with the Clerk of the Court at the address below.



Your objection must include all of the following:



• your full name , address, telephone number, and e-mail address (if any);



• information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class, which is described in response to

Question 5

;



• a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable;



• the identity of all counsel representing you, if any, in connection with your objection;



• a statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing;



• your signature or the signature of your duly authorized attorney or other duly authorized representative;



• To be timely, your objection must be filed with the Clerk of the Court for the United States District Court for the Central District of California no later than June 7, 2022.



• In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel, postmarked no later than June 7, 2022:



Court

Class Counsel

Defense Counsel

Office of the Clerk


U.S. District Court for the Central District of California


350 West First Street


Los Angeles, CA 90012

M. Anderson Berry


Clayeo C. Arnold


865 Howe Avenue


Sacramento, CA 95825

Teresa C. Chow


Baker & Hostetler LLP


11601 Wilshire Blvd.


Suite 1400


Los Angeles, CA 90025



Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you do not exclude yourself from the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.



THE COURT’S FAIRNESS HEARING
The Court will hold a hearing to decide whether to grant final approval of the Settlement.

The Court will hold a Fairness Hearing at October 14, 2022 at 1:30 P.M. (PST), at the United States District Court for the Central District of California located at 350 West First Street, Courtroom 6A, Los Angeles, CA 90012 (or by Zoom if the Court so orders).



The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement website or call

1-888-281-3953

. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for an incentive award for each of the Representative Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.



No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in

Question 19

, the Court will consider it.



You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file an objection according to the instructions in

Question 19

, including all the information required therein. Your Objection must be filed with the Clerk of the Court for the United States District Court for the Central District of California by mailing it postmarked no later than May 23, 2022. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel listed in

Question 19

, postmarked no later than June 7, 2022.



IF YOU DO NOTHING

If you do nothing, you will get no benefits from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Bosley about the legal issues in this case, ever again.



GETTING MORE INFORMATION

You may view the Settlement Agreement and other important documents on the Court Documents page. If you have questions about the Settlement, please contact the Settlement Administrator or Class Counsel, as follows:



SETTLEMENT ADMINISTRATOR


Bosley Settlement


c/o CPT Group, Inc.


50 Corporate Park


Irvine, CA 92606


Telephone:

1-888-281-3953


Email:

BosleySettlement@cptgroup.com