Plowman v. Ty Inc.

What is this Lawsuit About?

This case is known as Carla Plowman v. Ty Inc. (Case No. 2024CH000205), filed on August 12, 2024, in the Circuit Court for the Eighteenth Judicial Circuit in and for DuPage County, Illinois. The person who sued is called the “Plaintiff” and the company she sued, Ty Inc., is known as the “Defendant” in this case.

Plaintiff filed the Action against Defendant, individually, and on behalf of anyone whose Personal Information was potentially impacted as a result of the Security Incident.

This Action arises out of unauthorized access to Defendant’s systems and certain files which may have contained sensitive information about individuals that include Defendant’s current and former employees, including, name, address, driver’s license number, Bank Account Number, Bank Account Routing Number, date of birth, Medical Reference Number, Medicare Number, cell phone number, home phone number, health insurance information, email, and Social Security number, which occurred on or around April 26, 2023. After learning of the Security Incident, Defendant sent notification to persons whose Personal Information may have been impacted by the Security Incident. Subsequently, the Action was filed asserting claims against Defendant relating to the Security Incident.

Defendant denies any liability or wrongdoing.

How do I know if I am part of the Settlement?

You are a Settlement Class Member if your Personal Information may have been compromised in the Security Incident experienced by Ty Inc. on or around April 2023, including all those who received notice of the breach.

The Settlement Class specifically excludes: (i) Ty and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and immediate family; and (iv) 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 associated with the Security Incident or who pleads nolo contendere to any such charge.

What Does the Settlement Provide?

The Settlement provides the following benefits::

• Documented Out-of-Pocket Loss Reimbursement: Up to $5,000 for Documented Out-of-Pocket Losses incurred as a result of the Security Incident.
• Lost Time Reimbursement: Reimbursement for up to four (4) hours of lost time spent dealing with the Security Incident at $20 per hour (for a total of $80, subject to the $5,000 cap on Documented Out-of-Pocket Loss Reimbursement).
• Credit Monitoring: Two (2) years of Credit Monitoring Services to include credit monitoring through one national reporting bureau provided through CyEx with $1,000,000 in identity theft protection insurance.
• Remedial Relief: Ty will also continue implementing security enhancements made in response to the Security Incident and the Action to protect Personal Information stored on its systems.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT