Yahoo! Inc. Customer Data Security Breach Litigation Settlement

United States District Court Northern District of California San Jose Division
Case No. 5:16-MD-02752-LHK

Important information – review this website and contents carefully:

A Class Action Settlement has been proposed in litigation against Yahoo! Inc. (“Yahoo”) and Aabaco Small Business, LLC (together, called “Defendants” in this notice), relating to data breaches (malicious actors got into system and personal data was taken) occurring in 2013 through 2016, as well as to data security intrusions (malicious actors got into system but no data appears to have been taken) occurring from, at least, January to April 2012 (collectively the “Data Breaches”). If you received a notice about the Data Breaches, or if you had a Yahoo account at any time between January 1, 2012 and December 31, 2016 and are a resident of the United States or Israel, you are a “Settlement Class Member.”

Under the terms of the Settlement, Yahoo has enhanced, or, through its successor in interest, Oath Holdings Inc. (“Oath”), continues to enhance its business practices that will improve the security of its users’ personal information stored on its databases. Defendants will also pay for a Settlement Fund of $117,500,000. The Settlement Fund will provide a minimum of two years of Credit Monitoring Services to protect Settlement Class Members from future harm, or an alternative cash payment for those who verify they already have credit monitoring or identity protection. The Settlement Fund will also provide cash payments to those who have demonstrated out-of-pocket losses, including loss of time, as well as payments to Yahoo users who paid for advertisement free or premium Yahoo Mail services and those who paid for Aabaco Small Business services, which included business email services. The Settlement Fund will also pay the costs of notice and the settlement administration; court-approved attorneys’ fees, costs, and expenses; and Service Awards for named Plaintiffs. In exchange, Settlement Class Members will release any and all claims they may have against Defendants regarding the Data Breaches.

Settlement Class Members May Act Now To Protect Themselves From Possible Harm Resulting From The Data Breach

Settlement Class Members are encouraged to submit a claim to receive a minimum of two years of future Credit Monitoring Services. If you already have Credit Monitoring Services, you may still sign up for this additional protection. Alternatively, if you verify that you already have a credit monitoring service that you will keep for at least one year, you may submit a claim for a cash payment of $100.00 instead of receiving Credit Monitoring Services through the Settlement. Payment for such a claim may be less than $100.00 or more (up to $358.80) depending on how many Settlement Class Members participate in the Settlement.

You may additionally provide documentation or proof to receive reimbursement of up to $25,000.00 in out-of-pocket losses, including lost time, that you believe you suffered or are suffering because of the Data Breaches. As to documented lost time, you can receive payment for up to fifteen hours of time at an hourly rate of $25.00 per hour or unpaid time off work at your actual hourly rate, whichever is greater. If your lost time is not documented, you can receive payment for up to five hours at that same rate.

If approved, the proposed Settlement will resolve the litigation entitled In re: Yahoo! Inc. Customer Data Security Breach Litigation, Case No. 16-md-02752-LHK (N.D. Cal.), before Judge Lucy H. Koh in the Northern District of California, and Yahoo! Inc. Private Information Disclosure Cases, JCCP No. 4895, before Judge Glenda Sanders in the Orange County Superior Court. The Court must decide whether to finally approve the Settlement. No Credit Monitoring Services will be provided, and no payments will be made until the Settlement becomes final. The class action settlement approval process may take more than one year.

Your legal rights are affected even if you do nothing.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
FILE A CLAIM FOR CREDIT MONITORING SERVICES OR ALTERNATIVE COMPENSATION

You must make a claim in order to receive either Credit Monitoring Services or Alternative Compensation.

For detailed information about how to file a Claim for Credit Monitoring Services or Alternative Compensation, see FAQ 11 and FAQ 17.

Deadline: July 20, 2020
FILE A CLAIM FOR OUT-OF-POCKET COSTS AND/OR LOSS OF TIME

You must make a claim in order to receive reimbursement for Out-of-Pocket Costs and/or loss of time. You may claim both Out-of-Pocket Costs and either Credit Monitoring Services or Alternative Compensation by completing the appropriate section.

For detailed information about how to file a Claim for Out-of-Pocket Costs, see FAQ 14 and FAQ 18.

Deadline: July 20, 2020
FILE A CLAIM FOR PAID USER COSTS

If you paid for premium or advertisement free Yahoo Mail services, you must make a claim in order to receive reimbursement for a portion of those costs. You may claim both Paid User Costs and Out-of-Pocket Costs and either Credit Monitoring Services or Alternative Compensation.

For detailed information about how to file a Claim for Paid User Costs, see FAQ 15 and FAQ 19.

Deadline: July 20, 2020
FILE A CLAIM FOR SMALL BUSINESS COSTS

If you paid for Aabaco small business services, you must make a claim in order to receive reimbursement for a portion of those costs. You may claim both Small Business Costs and Out-of-Pocket Costs and either Credit Monitoring Services or Alternative Compensation.

For detailed information about how to file a Claim for Small Business Costs, see FAQ 16 and FAQ 20.

Deadline: July 20, 2020
OBJECT OR COMMENT ON THE SETTLEMENT

You may object to the Settlement and/or to the amount of Attorneys’ Fees, Costs, and Expenses, or Class Representative Service Awards by writing to the Court and informing it why you don’t think the Settlement should be approved, and/or why the amount of Attorneys’ Fees, Costs, and Expenses or Service Awards are improper. You can also write the Court to provide comments or reasons why you support the Settlement and/or the amount of Attorneys’ Fees, Costs, and Expenses, or Class Representative Service Awards.

For detailed information about how to object to or comment on the Settlement, see FAQ 25.

Deadline: March 6, 2020
GO TO THE “FINAL FAIRNESS HEARING”

You may, but are not required to, attend the Final Fairness Hearing where the Court may hear arguments concerning the approval of the Settlement. If you wish to speak at the Final Fairness Hearing, you must make a request to do so in your written objection or comment.

For detailed information about the Final Fairness Hearing, see FAQs 27-29.

Deadline: April 2, 2020
EXCLUDE YOURSELF FROM THIS SETTLEMENT

You can exclude yourself from the Settlement by informing the Settlement Administrator that you want to “opt-out” of the Settlement. If the Settlement becomes final, this is the only option that allows you to retain your rights to sue Defendants in this lawsuit for claims related to the Data Breaches.

For detailed information about how exclude yourself from the Settlement, see FAQ 26 and 30-33.

Deadline: March 6, 2020
DO NOTHING

If you do nothing, you will not be eligible to receive Credit Monitoring Services, Alternative Compensation, Out-of-Pocket Costs, Paid User Costs, or Small Business Costs. However, if the Settlement becomes final, you will give up your rights to sue Defendants regarding the Data Breaches.

For detailed information about what happens if you do nothing, see FAQ 34.

No deadline
This Settlement affects your legal rights even if you do nothing

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Important Dates

  • Exclusion Deadline

    Friday, March 6, 2020 Your request for exclusion must be completed and submitted by mail postmarked no later than March 6, 2020.
  • Objection Deadline

    Friday, March 6, 2020 Your objection must be in writing and submitted by mail postmarked no later than March 6, 2020.
  • Claim Form Deadline

    Monday, July 20, 2020 All types of Claim Forms must be completed online or submitted by mail postmarked no later than July 20, 2020.
  • Final Fairness Hearing Deadline

    Thursday, April 2, 2020 The Court will hold the Final Fairness Hearing at 1:30 pm on April 2, 2020 in Courtroom 8 of the United States Courthouse, 280 South 1st Street, 4th Floor, San Jose, CA 95113. Please check this website for updates.

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