Frequently Asked Questions

Settlement Class Members are eligible to receive payment and financial account monitoring services from a proposed Settlement in the Action. The Court overseeing the Action authorized this Notice to advise Settlement Class Members about the proposed Settlement that will affect their legal rights. This Notice explains certain legal rights and options Settlement Class Members have in connection with the Settlement.

The Action is a proposed class action lawsuit brought on behalf of the Settlement Class. The Settlement Class is defined by the Court as “the individuals in the United States who Progressive identified as potentially having their personal information viewed by an unauthorized individual because of the security event experienced by TTEC, one of Progressive’s third-party call center vendors, from May 2021 to May 2023.”  The Settlement Class contains approximately 350,000 persons. 

The personal information alleged to have been exposed in the Security Incident includes some combination of first and last names, Social Security numbers, driver’s license numbers, dates of birth, email addresses, phone numbers, financial account numbers, routing numbers, financial institution names, and credit/debit card numbers and expiration dates.

The Action claims Defendant is legally responsible for the Security Incident and asserts various legal claims including (i) negligence; (ii) unjust enrichment; (iii) breach of implied contract; (iv) declaratory judgment; (v) negligent training, hiring, and supervision; (vi) violation of California’s Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. (“CCPA”); (vii) violation of California’s Customer Records Act, Cal. Civ. Code § 1798.80 et seq. (“CCRA”); (viii) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. (“UCL”); (ix) violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”); (x) violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”); (xi) breach of fiduciary duty, and; (xii) invasion of privacy.

Defendant denies all claims of wrongdoing or liability that Plaintiffs, Settlement Class Members, or anyone else have asserted in this Action or may assert in the future based on the conduct alleged in the complaint. The Court has not determined that Defendant did anything wrong. 

In a class action, one or more plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all these people are the “Class”, and each individual is a “Settlement Class Member.” There are eleven Plaintiffs in this case: Kenneth Okonski, Bradley Okonski, Edward Reis, Tosif Khan, Kulsoom Tosif, Eduardo Barbosa, Rebecca Johnson, Stephen Johnson, Roxanne Trigg, Giovanni Madaffari, and Dodie Waden. The Class in this case is referred to in this Notice as the “Settlement Class.”

The Honorable Patricia A. Gaughan, United States District Court Judge of the 
Northern District of Ohio, is overseeing this case.


 

Plaintiffs and Class Counsel have conducted an investigation into the facts and the law regarding the Action. The Plaintiffs and Class Counsel believe that the Settlement is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiffs and the Settlement Class. The Court has not decided whether Plaintiffs’ claims or Defendant’s defenses have any merit, and it will not do so if the proposed Settlement is approved. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. The Settlement does not mean that Defendant did anything wrong, or that the Plaintiffs and the Settlement Class would or would not win the case if it were to go to trial.

The Settlement Class is defined is defined by the Court as “the individuals in the United States who Progressive identified as potentially having their personal information viewed by an unauthorized individual because of the security event experienced by TTEC, one of Progressive’s third-party call center vendors, from May 2021 to May 2023.” The Settlement Class contains approximately 350,000 persons.

Excluded from the Class are: (i) Defendant, any entity in which Defendant has a controlling interest, and Defendant’s affiliates, parents, subsidiaries, officers, directors, legal representatives, successors, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement. 

The proposed Settlement would create a non-reversionary common fund amount of $3,250,000 that would be used to pay all costs of the Settlement, including: (i) payments to Settlement Class Members who submit Valid Claims, (ii) costs of administration and notice, (iii) any attorneys’ fees, and costs awarded by the Court to Class Counsel (not to exceed one third of the total Settlement Fund, (or $1,083,333.33) and reimbursement of up to $50,000 in litigation expenses for litigating the case and negotiating the Settlement on behalf of the Class, and (iv) any Service Awards to the Plaintiffs awarded by the Court (not exceed $2,000 for each Class Representative). The Settlement also releases all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Security Incident, as detailed in the Class Settlement Agreement and Release.

Any Settlement Class Member who does not file a timely request for exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. The claims that Settlement Class Members are releasing are described in the Class Settlement Agreement and Release.

Settlement Class Members who submit Valid Claims and any required documentation may receive one or more of the following, to be paid from the $3,250,000 Settlement Fund: (i) three (3) years of Credit Monitoring, and either one of (ii) Compensation for Documented Losses up to $5,000, or (iii) a Cash Award as an alternative to claiming Documented Losses.  

The amount of the Cash Awards will be determined depending on how many Valid Claims are submitted, with the Net Settlement Fund being divided proportionally among Settlement Class Members submitting Valid Claims for those Cash Awards, as explained further below in Question 11.

The Settlement Administrator, from the Settlement Fund, will provide compensation, up to a total of $5,000 per person who is a Participating Settlement Class Member, upon submission of a claim and supporting documentation, for unreimbursed losses incurred as a result of the Security Incident, including, without limitation, unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after the Security Incident through the date of claim submission; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

Participating Settlement Class Members with Documented Losses must submit documentation supporting their claims. This can include receipts or other documentation not “self-prepared” by the claimant that document the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.

Settlement Class Members may receive compensation for both Credit Monitoring and a Documented Losses, but cannot claim for Documented Losses and the Cash Award. 

Every Settlement Class Member is eligible to claim a Cash Award share of the Net Settlement Fund, less all Valid Claims for Documented Losses and Credit Monitoring, as an alternative to claiming Documented Losses. To receive this benefit, Settlement Class Members must submit a valid claim form, but no documentation is required to make a Cash Award claim. The amount of the Cash Payments will be determined on a pro rata basis, depending upon the number of Valid Claims filed and the amount of funds available for these payments. 

You may claim both a Cash Award and Credit Monitoring.

Eligibility for any award and the validity of your claim, including the Cash Award, will be determined by the Settlement Administrator as outlined in Question 15. 

The amounts paid for all Cash Awards will be determined depending on how many Settlement Class Members submit Valid Claims. The amount of this benefit shall be determined pro rata based on the amount remaining in the Settlement Fund following payment of the Fee Award and Expenses, Service Awards, Administration and Notice Costs, CAFA Notice costs, the costs of Credit Monitoring, and claims for reimbursement of Documented Losses. 

The funds remaining in the Settlement Fund after completion of these disbursements and after the time for cashing and/or depositing checks has expired will be Remainder Funds. The Remainder Funds will be sent to a not-for-profit charitable organization, which must be jointly proposed by the parties and approved by the Court, as a cy pres distribution.

Because the Cash Awards will be calculated as a pro rata share of the Net Settlement Fund, it is anticipated that all Net Settlement Funds will be initially distributed to the Settlement Class Members.  It is also anticipated that Remainder Funds will only consist of uncashed settlement checks or electronic payments that are not redeemed.

All Settlement Class Members can submit a claim for identity theft protection and credit monitoring services. This service includes three (3) years of three-bureau credit monitoring and at least $1,000,000 of fraud/identity theft insurance. Settlement Class Members making a valid claim for credit monitoring will receive an enrollment code that may be used for a period of twelve (12) months after it is sent to the Settlement Class Members (meaning that a Settlement Class Member could enroll up to the end of the first year and have coverage for the full three (3) years). Such coverage and flexibility in enrollment will provide protection for Settlement Class Members against future identity theft. The three-year monitoring period will commence when Settlement Class Members use their codes to enroll in and activate the Credit Monitoring. The codes will be sent to Settlement Class Members who submit Valid Claims selecting this benefit after the Court finally approves the Settlement, and the time for all appeals has run.

All Settlement Class Members may submit claims for Credit Monitoring and Insurance Services, regardless of whether they choose one (or neither) of the cash payments.

If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement. In order to receive payment from the Settlement, you must submit a valid Claim Form. 

If you do not want to give up your right to sue Defendant about the Security Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See Question 18 below for instructions on how to exclude yourself.

If you wish to object to the Settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and submit a written objection. See Question 21 below for instructions on how to submit an objection.

If you do nothing, you will get no award from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes Final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant related to the claims released by the Settlement.

The Settlement Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Settlement Administrator may require additional information from any claimant. Failure to timely provide all required information will invalidate a claim and it will not be paid. 

To opt out of the Settlement, you must submit a request for exclusion that must (i) identify the case name and number of this Litigation (Kenneth Okonski, et al. v. Progressive Casualty Insurance Company, Case No. 1:23-cv-01548-PAG); (ii) state the Settlement Class Member’s full name, address, email address, and telephone number; (iii) contain the Settlement Class Member’s personal and original signature; (iv) state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class, and; (v) request exclusion only for that one Settlement Class Member whose personal and original signature appears on the request. To be effective, and request for exclusion must submitted or postmarked on or before the Opt-Out Deadline. You must mail your request to this address:

Okonski v. Progressive Casualty Insurance Company

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

Your request must be submitted online or postmarked by January 17, 2025.

No. If you exclude yourself, you will not be entitled to any award under the Settlement. However, you will also not be bound by any judgment in this Action.

No. Unless you exclude yourself, you give up any right to sue Defendant 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 requesting a payment.

All Settlement Class Members who do not opt-out from the Settlement Class have the right to object to the Settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement Payments will be sent out and the Action will continue. If that is what you want to happen, you must object.

Any Objection to the proposed Settlement must be in writing and your Objection and any supporting papers must be submitted to the Court either by filing them electronically or in person at any location of the United States District Court for the Northern District of Ohio or by mailing them to the Clerk of the Court, United States District Court for the Northern District of Ohio, 801 West Superior Avenue, Courtroom 19B, Cleveland, Ohio:

Your Objection must be filed with the Court no later than the Objection Deadline, January 17, 2025. 

To be considered by the Court, your written Objection must include: (i) include the case name and number of the Litigation (Kenneth Okonski, et al. v. Progressive Casualty Insurance Company, Case No. 1:23-cv-01548-PAG), (ii) set forth the Settlement Class Member’s full name, current address, telephone number, and email address; (iii) contain the Settlement Class Member’s personal and original signature; (iv) contain a statement affirming that the Settlement Class Member is a member of the Settlement Class because he or she received the August 1, 2023 Notice of Security Incident letter from Defendant; (v) state that the Settlement Class Member objects to the Settlement, in whole or in part; (vi) set forth a statement of the legal and factual basis for the Objection; (vii) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position; (viii) identify any attorney representing the Settlement Class Member with respect to, or who provided assistance to the Settlement Class Member in drafting, his or her Objection, if any; (ix) contain the signature, name, address, telephone number, and email address of the Settlement Class Member’s attorney, if any; (x) contain a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past three (3) years; (xi) state whether the objection applies only to the Settlement Class Member, to a specific subset of the Settlement Class, or to the entire Settlement Class, and (xii) state whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally or through an attorney.

If you submit a timely written Objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

If you intend to appear at the Final Approval Hearing with counsel, your attorney must also file a notice of appearance with the Court prior to the Final Approval Hearing. Your written Objection must also (i) identify the attorney(s) representing you who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, e-mail address, state bar(s) to which counsel is admitted, as well as associated state bar numbers; (ii) identify any witnesses who you intend to call to testify; and (iii) include a description of any documents or evidence that you intend to offer.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for February 25, 2025, at 9:30 a.m. at the United States District Court for the Northern District of Ohio 801 West Superior Avenue, Courtroom 19B, Cleveland, Ohio. At the Final Approval Hearing, the Court will consider whether the Settlement Agreement is fair, reasonable, and adequate, was entered into in good faith and without collusion, and approves and directs consummation of this Settlement Agreement. If there are timely Objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Class Counsel’s request for Attorneys’ Fees, Costs and Expenses Award, and the request for a Service Award for the Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement.

It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this website to confirm the schedule if you wish to attend.

No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person in order to make an Objection; the Court will consider any written Objections properly submitted according to the instructions in Question 21. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.

If the Court approves the Settlement and no timely appeal is taken, the Settlement Fund will be fully funded. The Settlement Administrator will pay any Fee Award and Expenses and any Plaintiffs’ Service Awards from the Settlement Fund. Then, the Settlement Administrator will send Settlement Payments and Credit Monitoring and Insurance Services to Settlement Class Members who submitted timely and valid Claim Forms. 

If any appeal is taken, it is possible the Settlement could be disapproved on appeal. 

If the Court does not approve the Settlement, there will be no Settlement Payments to Settlement Class Members, Class Counsel or the Plaintiffs, and the case will proceed as if no Settlement had been attempted.

The Court has appointed the following Class Counsel to represent the Settlement Class in this Action:

Settlement Class Members will not be charged for the services of Class Counsel. Class Counsel will be paid out of the Settlement Fund, subject to Court approval. However, you may hire your own attorney at your own cost to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing. 

Class Counsel will file a Fee and Expense Application for an award of attorneys’ fees to be paid from the Settlement Fund not to exceed one-third (1/3) of the value of the Settlement, or $1,083,333.33, and also reimbursement of up to $50,000 in Litigation Expenses. Class Counsel will file a Fee Application that will include a request for Service Award payments for the Settlement Class Representatives in recognition for their contributions to this Action not to exceed between $2,000 per Plaintiff.

Defendant is represented by the following counsel:

Call (833) 739-0853, or write to the Settlement Administrator at Okonski v. Progressive Casualty Insurance Company, c/o Kroll Settlement Administration LLC, PO Box 225391 New York, NY 10150-5391