CARMEN JOHNSON V. PAYCOM PAYROLL, LLC

DISTRICT COURT OF OKLAHOMA COUNTY, OKLAHOMA
Case No. CJ-2023-4763

Welcome to the Settlement Website for the Paycom Data Settlement

IF YOUR PERSONAL INFORMATION WAS ACCESSED OR ACQUIRED IN THE PAYCOM PAYROLL, LLC (“PAYCOM”) MOVEIT TRANSFER DATA INCIDENT, YOU MAY BE ELIGIBLE FOR BENEFITS FROM A CLASS ACTION SETTLEMENT.

  • A proposed Settlement providing up to $900,000.00 in direct benefit to class members has been reached in a class action lawsuit known as Carmen Johnson v. Paycom Payroll, LLC, CJ-2023-4763 (“Action”), filed in the District Court of Oklahoma County, Oklahoma.

  • The Action alleges that between May 28, 2023 and June 2, 2023, the MOVEit Transfer application used by Defendant Paycom Payroll, LLC was impacted by a zero-day vulnerability that resulted in the unauthorized access to or acquisition of the personal information of certain individuals (the “Data Incident”). Paycom utilized the MOVEit Transfer application for a limited set of secure file transfers supporting client services and other functions. Paycom maintains that it has defenses to the Action, and that it was prepared to vigorously defend the lawsuit.

  • All Settlement Class Members may elect to receive cash reimbursements and Credit Monitoring, or an Alternative Cash Benefit, as set forth below:

    • Reimbursement for Out-of-Pocket Losses: Settlement Class Members who incurred documented Out-of-Pocket Losses fairly traceable to the Data Incident may make a claim for reimbursement up to $2,500 per person. The maximum combined reimbursement of Out-of-Pocket Losses and Time Spent (discussed below) is $2,500 per person.

    • Reimbursement for Time Spent: Settlement Class members may also submit a claim for up to 4 hours at $25 per hour (for a total of $100) for attested-to Time Spent remedying identity theft or fraud, including misuse of personal information, credit monitoring freezing credit reports, or other issues related to the Data Incident. The maximum combined reimbursement of Out-of-Pocket Losses and Time Spent is $2,500 per person.

    • Reimbursement for Extraordinary Losses: Settlement Class Members may also make a claim for reimbursement of documented losses stemming from fraud or identity theft fairly traceable to the Data Incident, up to a maximum of $4,200.00 per person.

    • Credit Monitoring Services: In addition to the cash payments described above, Settlement Class Members may also make a claim for 3 years of Credit Monitoring Services.

    • Alternative Cash Payment: In lieu of filing a claim for reimbursement for Out-of-Pocket Losses, reimbursement for Time Spent, reimbursement of Extraordinary Losses, and/or Credit Monitoring Services, Settlement Class Members may make a claim to receive an Alternative Cash Payment in the amount of $25.00 per person.

  • All Settlement Class Member Benefits may be subject to a pro rata decrease depending upon how many Settlement Class Members submit Valid Claims and the value of all Settlement Class Member Benefits claimed.

  • Settlement Class Members are:

    • All living individuals residing in the United States whose personal information was accessed or acquired in the Data Incident

  • Excluded from the Settlement Class are (i) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (ii) the Judge assigned to evaluate the fairness of this Settlement; and (iii) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.

YOUR LEGAL RIGHTS ARE AFFECTED REGARDLESS OF WHETHER YOU DO OR DO NOT ACT. READ THE NOTICE CAREFULLY.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM

You must submit a Valid Claim Form to get a Cash Payment or Credit Monitoring from this Settlement.

Claim Forms must be submitted online HERE or mailed and postmarked no later than November 7, 2024. The paper claim form can be found HERE.

DO NOTHING

If you do nothing, you remain in the Settlement.

You also give up your rights to sue Paycom or any of the other Released Parties, including any Paycom Customer(s) that directly or indirectly provided your personal information to Paycom, and you will not get any of the Settlement Class Member Benefits (cash compensation or offer of free credit monitoring).

OPT OUT OF THE SETTLEMENT

Get out of the Settlement. Get no Cash Payment or Credit Monitoring. Keep your rights.

This is the only option that allows you to keep your right to sue for the claims being released in the Settlement. You will not get any money from the Settlement.

Your request to opt-out must be mailed and postmarked no later than November 7, 2024.

FILE AN OBJECTION

Stay in the Settlement but tell the Court why you think the Settlement should not be approved.

Objections must be filed with the Court and postmarked no later than November 7, 2024.

GO TO A HEARING

You can ask to speak in Court about the fairness of the Settlement, at your own expense. See Question 18 for more details.

The Final Fairness Hearing is scheduled for December 13, 2024, at 9:00 a.m. CT (10:00 a.m. ET).

Upcoming Important Dates

Final Approval Hearing

12/13/2024