1. Why was Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. How much will my payment be?
9. What claims am I releasing if I stay in the Settlement Class?
10. How do I submit a claim and get a cash payment?
11. What is the deadline for submitting a claim?
12. When will I get my payment?
13. Do I have a lawyer in the case?
14. Should I get my own lawyer?
15. How will the lawyers be paid?
16. How do I opt out of the Settlement?
17. How do I tell the Court if I like or do not like the Settlement?
18. What is the difference between objecting and excluding?
19. When is the Court’s Final Approval Hearing?
20. Do I have to come to the Final Approval Hearing?
21. What happens if I do nothing at all?
22. How do I get more information?
A federal court authorized Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is titled Santosh Cherian v. Manipal Education Americas, LLC, and American University of Antigua Inc., No. 24-cv-404 (S.D.N.Y.). The person who filed the lawsuit is called the “Plaintiff.” And the company that is being sued is Manipal Education Americas, LLC, and American University of Antigua Inc. (“Defendant” or “American University of Antigua”).
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This lawsuit alleges that personal information was potentially accessed in a data incident that impacted American University of Antigua in or around August 2023 (the “Data Incident”).
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals who sue are known as “Class Representatives” or “Plaintiffs.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all settlement class members, except for those who exclude themselves (sometimes called, “opting out”) from a settlement. In this Settlement, the Class Representative is Santosh Cherian.
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The Court did not decide in favor of the Plaintiff or Defendant. The Defendant denies all claims and contends that it has not violated any laws. Still, Plaintiff and Defendant agreed to a Settlement—to avoid the costs and risks of a trial.
Now, through the Settlement, Settlement Class Members are eligible to claim payments and other benefits. The Plaintiff and his attorneys, who also represent Settlement Class Members, think the Settlement is best for all Settlement Class Members.
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The Settlement Class consists of all people who (1) reside in the United States, and (2) were sent a notice from American University of Antigua about the Data Incident.
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Yes. Excluded from the Settlement Class are (i) Manipal Education Americas, LLC, and American University of Antigua Inc.; (ii) the Related Entities; (iii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) 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.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling, emailing, or writing to the Settlement Administrator at:
American University of Antigua Data Incident
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@AUAdatasettlement.com
(833) 285-3418
You may also view the Settlement Agreement and Release (“Settlement Agreement”) here.
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Under the Settlement, American University of Antigua will pay all valid and timely claims for Credit Monitoring, Ordinary Losses, Lost Time, Extraordinary Losses, and Alternative Cash Payments.
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Payments and other benefits vary per person. Settlement Class Members can submit a claim using the Claim Form for:
Credit Monitoring Services – All Settlement Class Members shall have the ability to make a claim for two years of three-bureau credit monitoring, including at least $1,000,000 in identity theft protection insurance. Even if Settlement Class Members previously accepted the Defendant’s offer of complimentary credit monitoring services, they may still claim this benefit.
Ordinary Losses – American University of Antigua will provide up to $1,000 per person with third-party documentation. Ordinary Losses would include, without limitation and by way of example, unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; credit monitoring costs that were incurred on or after mailing of the notice of data breach, through the date of claim submission; and miscellaneous expenses such as fax, postage, copying, mileage.
Lost Time Claims – American University of Antigua will provide $25 per hour for up to four hours (under the individual cap of $1,000 Ordinary Losses) with supporting documentation or narrative statement made under penalty of perjury.
Extraordinary Losses – American University of Antigua will provide up to $5,000 per person with third-party documentation, if: (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Data Incident ; (iii) the loss was incurred after the date of the Data Incident; (iv) the loss is not already covered by one or more of the other reimbursement categories; and the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.
Alternative Cash Payment – American University of Antigua will provide a one-time cash payment of $25 per person. But if you choose to receive this benefit, then you cannot receive other benefits (e.g., ordinary losses, lost time, extraordinary losses, and credit monitoring).
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found here.
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Claim Forms may be submitted online or printed from the website and mailed to the Settlement Administrator at:
American University of Antigua Data Incident
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You may also contact the Settlement Administrator to request a Claim Form by telephone (833) 285-3418, by email info@AUAdatasettlement.com, or by U.S. mail at the address above.
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If you submit a claim by U.S. mail, the completed and signed Claim Form must be postmarked by January 30, 2025. If submitting a Claim Form online, you must do so by January 30, 2025.
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The short answer is—after the Settlement is “finally approved” and challenges, if any, to that approval are finally resolved. The Court is scheduled to hold a final approval hearing on April 2, 2025 to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a Service Award to the Class Representative who brought this Action on behalf of the Settlement Class.
If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.
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Yes, the Court appointed Raina C. Borrelli of Strauss Borrelli PLLC to represent you and other members of the Settlement Class (“Settlement Class Counsel”). You will not be charged directly for these lawyers; instead, they will receive compensation from American University of Antigua (subject to Court approval).
If you want to be represented by your own lawyer, you may hire one at your own expense.
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It is not necessary for you to hire your own lawyer because Settlement Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Settlement Class Counsel will file a motion for an award of attorneys’ fees and litigation costs and expenses to be paid by American University of Antigua. American University of Antigua has agreed not to oppose Settlement Class Counsel’s request for an award of attorneys’ fees and litigation costs and expenses not to exceed One Hundred and Thirty-Six Thousand Five Hundred dollars and no/100 ($136,500.00). If Settlement Class Counsel seeks more than $136,500.00 in attorneys’ fees and expenses, American University of Antigua has reserved all rights to object and oppose such requests.
Settlement Class Counsel will also seek a service award payment for the Class Representative in recognition for his contributions to this Action. American University of Antigua has agreed not to oppose Settlement Class Counsel’s request for a service award not to Two Thousand Five Hundred dollars and no/100 ($2,500.00), for the Class Representative. If a service award of more than $2,500 is sought for the Class Representative, then American University of Antigua has reserved all rights to object and oppose such a request.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is December 31, 2024.
To exclude yourself from the Settlement, you must submit a written request for exclusion to the Court that includes the following information:
the case name: Santosh Cherian v. Manipal Education Americas, LLC, and American University of Antigua Inc., No. 24-cv-404 (S.D.N.Y.)
your full name;
current address;
telephone number;
personal signature; and
the words “Request for Exclusion” or a comparable statement that you do not wish to participate in the Settlement.
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than December 31, 2024.
American University of Antigua Data Incident
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You may only exclude yourself—and not any other person.
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If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it, whether that be to the Settlement benefits, the request for attorneys’ fees or service award, the releases provided to the Defendant, or some other aspect of the Settlement. Through an objection, you give reasons why you think the Court should not approve the Settlement.
For an objection to be considered by the Court, the objection must: (i) state the objecting Settlement Class Member’s full name, current address, telephone number, and email address (if any); (ii) contain the objecting Settlement Class Member’s original signature; (iii) set forth information identifying the objector as a Settlement Class Member, including proof that the objector is within the Settlement Class (e.g., copy of the Notice or copy of original notice of the Data Incident); (iv) set forth a statement of all grounds for the objection, including any legal support for the objection that the objector believes applicable; (v) identify all counsel representing the objector; (vi) state whether the objector and/or his or her counsel will appear at the Final Approval Hearing, and; (vii) contain the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), along with documentation setting forth such representation.
Any Settlement Class Member who does not file a timely and adequate objection in accordance with the above paragraph waives the right to object to the Settlement at the Final Approval Hearing, and shall be bound by the terms of the Settlement Agreement and by all orders and judgments in the Action.
Objections must be filed with the Court no later than December 31, 2024.
Clerk of the Court
TBD
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement.
Excluding yourself from the Settlement means telling the Court you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court is scheduled to hold a final approval hearing on April 2, 2025 at 10:00 a.m. E.T., at 500 Pearl Street, New York, New York 10007, Courtroom 20B, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a service award payment to the Class Representative who brought this Action on behalf of the Settlement Class. If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost. If you do not like the Settlement, remember you may object to it but you have to follow certain requirements (see FAQ 17). The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Settlement Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you may but you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time and meets the requirements above.
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If you are a Settlement Class Member and you do nothing, you will give up your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will be bound by the releases of the Released Parties in the Settlement and not be eligible to receive a payment from this Settlement.
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This website and the Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available in the Important Documents section of this website.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
American University of Antigua Data Incident
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@AUAdatasettlement.com
(833) 285-3418
Publicly filed documents can also be obtained by visiting the office of the United States District Court, Southern District of New York, or by reviewing the Court’s online docket. For those planning to visit the Court for more information, please contact the Court for its regular business hours and for any costs associated with obtaining documents maintained by the Court.
You may also contact your counsel in this matter, the Settlement Class Counsel, as follows:
Raina C. Borrelli
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, Illinois 60611
raina@straussborrelli.com
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