© 2024 All rights reserved | | Version: 1.0.0.18 | Updated: 10/9/2024 11:26:18 AM
Hoover et al. v. Camping World Group, LLC et al., Civil Action No. 2023LA000372
A court authorized the Notice because you have the right to know about the proposed Settlement of three class action lawsuits and about all of your rights and options. This website explains the lawsuits, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get settlement benefits.
This case is pending in DuPage County, Illinois, and is known as Hoover et al. v. Camping World Group, LLC, et al., Civil Action No. 2023LA000372. The persons who filed the lawsuits are called the “Plaintiffs” and the companies sued, CWGS Group, LLC, Good Sam Enterprises, LLC, CWI, LLC fka CWI, Inc., and Camping World Holdings, Inc., are collectively called “Defendants.”
Back To TopPlaintiffs allege that a Data Security Incident disclosed by Defendants on or about November 3, 2022, potentially affected certain sensitive, personally identifiable information of people who worked for or purchased goods or services from Defendants, among others.
Defendants continue to deny any wrongdoing whatsoever. By entering into the Settlement, Defendants are not admitting any wrongdoing.
Back To TopIn a class action, plaintiffs sue on behalf of all people who have similar claims. In this lawsuit, Plaintiffs, also referred to as “Settlement Class Representatives,” are James Hall, Ronald Bailey, Dena Kiger, Jose Kiger, and Stephanie Hoover. Together, all these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely excluded themselves (opted out) from the Settlement Class.
Back To TopPlaintiffs and Defendants did not agree on the legal allegations asserted in this lawsuit. The Court did not decide in favor of Plaintiffs or Defendants. Instead, Plaintiffs and Defendants agreed to settle the lawsuit. Plaintiffs and the lawyers for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the benefits of the Settlement and the risks and uncertainty associated with continued litigation.
Back To TopYou are a Settlement Class Member if you are an individual who was notified by Defendants that your personal information was or may have been compromised in the Data Security Incident (meaning the Data Security Incident initially disclosed by Defendants in or around November 2022).
Back To TopYes. Excluded from the Settlement Class are: (1) the judges presiding over this litigation, and members of their direct families; (2) Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity in which any Defendant or any of its parents has a controlling interest and their current or former officers, directors, and employees; and (3) Settlement Class Members who submitted a valid Request for Exclusion prior to the Opt-Out Deadline.
Back To TopIf you are still not sure whether you are a Settlement Class Member, you can consult the Settlement Agreement for further details or call the Settlement Administrator’s Settlement toll-free number at 1-888-522-6906.
Back To TopIf you are a Settlement Class Member and did not opt out, you had the opportunity to accept a Credit Monitoring Benefit of two (2) years of free one-bureau credit monitoring. You did not need to file a claim to receive credit monitoring. You must have enrolled between the Effective Date, June 24, 2024, and September 22, 2024. To enroll you must have called 1-800-455-7440, toll-free, and provided your unique code found on the postcard provided to you, or enrolled online at https://app.identitydefense.com/enrollment/activate/camp. The deadline to enroll in credit monitoring has passed and cannot be extended for any reason.
If you are a Settlement Class Member and did not opt out, you should have received a cash Settlement Payment in an amount equal to a pro rata share (a legal term meaning equal share) of what remains in the Net Settlement Fund after all necessary fees and costs are paid.
The cash Settlement Payment is an automatic payment by check, you did not need to file a claim to receive the cash Settlement Payment. The pro rata share amount is $9.61 and checks were mailed on August 9, 2024.
Following the Data Security Incident, Defendants engaged leading outside forensics and cybersecurity experts and launched containment and remediation efforts and a forensic investigation. Defendants have since taken and will continue to take measures to enhance the security and integrity of their IT systems.
The pro rata share amount is $9.61, and the checks were mailed on August 9, 2024.
Back To TopAccording to the Settlement Agreement, a $650,000 Settlement Fund was established for the Settlement and was used to pay for: (1) Notice and Administrative Expenses; (2) Taxes and Tax-Related Expenses; (3) Service Award Payment approved by the Court; (4) attorneys’ Litigation Costs and Expenses; and (5) two [2] years of one-bureau credit monitoring. The amount remaining after these items were paid or allocated, if any, is the “Net Settlement Fund.”
The Net Settlement Fund was used to provide cash Settlement Payments to Settlement Class Members, which was determined by dividing the remaining Net Settlement Fund amount by the number of Settlement Class Members (this is called a pro rata share—a legal term meaning equal share).
The pro rata share amount is $9.61, and the checks were mailed on August 9, 2024.
Back To TopUnless you excluded yourself (opted out), you chose to remain in the Settlement Class. If the Settlement final approval becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other action for all Released Claims, including Unknown Claims, against the Released Persons (including Defendants) that relates to the Data Security Incident or this lawsuit. The specific rights you are giving up are called “Released Claims.”
Back To TopThe Settlement Agreement in Sections A(21) and K describes the Releases, Released Claims, and Released Persons in necessary legal terminology, so please read these sections carefully. The Released Claims also includes the release of Unknown Claims, which is also described in necessary legal terminology in the Settlement Agreement in Section K(2). The Settlement Agreement is available here or in the public Court records on file in these lawsuits. For questions regarding the Releases or Released Claims and what the language in the Settlement Agreement means, you can also contact one of the lawyers listed in FAQ 15 for free, or you can talk to your own lawyer at your own expense.
Back To TopNo, the cash Settlement Payments were automatic payments by check; you did not need to file a claim to receive a cash Settlement Payment. In order to receive credit monitoring, no claim was necessary, but you must have enrolled with the credit monitoring service vendor between June 24, 2024, and September 22, 2024.
The deadline to enroll in credit monitoring has passed and cannot be extended for any reason. The check amount is $9.61, and checks were mailed on August 9, 2024.
Back To TopIf you change your mailing address or email address, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by emailing info@CWGSDataSettlement.com or by writing to:
Camping World Settlement Administrator
P.O. Box 6749
Portland, OR 97228-6749
Cash Settlement Payments from the Net Settlement Fund described in FAQ 9 will be provided to Settlement Class Members by check after the Settlement is approved by the Court and becomes final, and the enrollment period for credit monitoring is closed. It may take time for the Settlement to become final. The settlement checks were issued on August 9, 2024.
Back To TopYes, the Court appointed attorneys Gary Klinger, Nicholas Migliaccio, Ryan D. Maxey, and Raina Borrelli as Class Counsel to represent you and the Settlement Class for purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.
| Class Counsel | |
|---|---|
|
Gary M. Klinger Milberg Coleman Bryson Phillips Grossman LLC 227 W. Monroe Street Suite 2100 Chicago, IL 60606 Ryan D. Maxey Maxey Law Firm, P.A. 107 N. 11th St. #402 Tampa, Florida 33602 813-448-1125 ryan@maxeyfirm.com |
Nicholas A. Migliaccio Migliaccio & Rathod LLP 412 H St. N.E. Suite 302 Washington, DC 20002 202-470-3520 nmigliaccio@classlawdc.com Raina C. Borrelli Sam Strauss Turke & Strauss LLP 613 Williamson Street Suite 201 Madison, WI 53703 608-237-1775 raina@turkestrauss.com sam@turkestrauss.com |
Class Counsel filed a motion asking the Court to award attorneys’ fees not to exceed 35% of the Settlement Fund ($227,500) and for reimbursement of litigation costs and expenses not to exceed $50,000. Class Counsel also asked the Court to approve Service Award Payments not to exceed $2,500 for each of the Settlement Class Representatives in recognition for their contributions to this lawsuit. The Court’s Final Approval order awarded Plaintiffs $216,645 for attorneys’ fees inclusive of costs and expenses, as well as service awards of $2,500 for each Plaintiff. As awarded by the Court, attorneys’ Litigation Costs and Expenses and the Service Award Payments were paid out of the Settlement Fund.
Back To TopIf you are a Settlement Class Member and wanted to keep any right you may have had to sue or continue to sue Defendants or released persons on your own based on the claims raised in the lawsuit or released by the released claims, then you must have taken steps to get out of the Settlement. This is called excluding yourself from or “opting out” of the Settlement.
To have opted out of the Settlement, you must have mailed a written Request for Exclusion, which must have included all of the following:
The Request for Exclusion must have been mailed to the Settlement Administrator at the following address postmarked by February 23, 2024:
Camping World Settlement Administrator
Exclusions
P.O. Box 6749
Portland, OR 97228-6749
Any Settlement Class Member who did not file a timely Request for Exclusion and did not follow the requirements listed here for a Request for Exclusion has lost the opportunity to exclude themself from the Settlement and is bound by the Settlement.
You cannot have excluded yourself by telephone or by email. A Request for Exclusion may only have been done on an individual basis, and no person may have requested to be excluded from the Settlement Class through “mass” or “class” opt-outs.
Back To TopNo. If you opted out, you told the Court you did not want to be part of the Settlement. You can only get settlement benefits if you stayed in the Settlement.
Back To TopNo. Unless you opted out, you gave up any right to sue the Released Persons (including Defendants) for all claims and other matters released in and by the Settlement Agreement Section K. You must have opted out to start or continue with your own lawsuit or be part of any other lawsuit against the Released Persons (including Defendants) regarding the Released Claims. If you have a pending lawsuit, speak to your lawyer in that case immediately.
Back To TopIf you are a Settlement Class Member, you could have objected to the Settlement or Fee Application, meaning you could have told the Court you did not agree with all or any part of the Settlement. You could have objected by either submitting a written objection or appearing at the Final Approval Hearing in person or via Zoom (see FAQ 22 for details regarding the time and place of the Final Approval Hearing). You could have objected either in person or remotely at the Final Approval Hearing, regardless of whether you submitted a timely written objection.
Your written objection must have included the following information:
Your written objection must have been mailed to the Settlement Administrator at the following address postmarked by February 23, 2024:
Camping World Settlement Administrator
Objections
P.O. Box 6749
Portland, OR 97228-6749
If you objected, you did not have to appear at the Final Approval Hearing. However, if you intended to attend the Final Approval Hearing, you must also have filed with the Court a notice of appearance.
If any attorney would have represented you at the Final Approval Hearing, the notice of appearance filed with the Court must have included the following:
If you objected and intend to call witnesses at the Final Approval Hearing, you must have provided a list of any such witnesses, together with a brief summary of each witness’s expected testimony, at least thirty (30) days before the Final Approval Hearing.
Back To TopObjecting is simply telling the Court you do not like something about the Settlement. You were eligible to object only if you remained in the Settlement Class (meaning you did not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opted out, you were not eligible to object to the Settlement.
Back To TopThe Court held a Final Approval Hearing on May 23, 2024, at 10:00 a.m. CST before the Honorable Angelo Kappas, in Courtroom 2020, 505 N. County Farm Road, Wheaton, IL 60187.
In an order dated May 23, 2024, the Court granted Final Approval to the Settlement. The order is available to read in the Important Documents section of this website.
Any Settlement Class Member could have elected to object either in person or remotely via Zoom at the Final Approval Hearing, regardless of whether they submitted a timely written objection.
Back To TopIf you are a Settlement Class Member and you do nothing, you will receive two (2) years of credit monitoring and an automatic cash Settlement Payment by check. You will also give up rights explained in FAQ 19, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit, etc. against the Released Persons (including Defendants) regarding the Released Claims in this lawsuit.
This benefit is no longer accessible if you have not previously enrolled. You could only enroll between June 24, 2024, and September 22, 2024.
The check amount is $9.61, and checks were mailed on August 9, 2024.
Back To TopThis website summarizes the Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-888-522-6906, or by writing to:
Camping World Settlement Administrator
P.O. Box 6749
Portland, OR 97228-6749
© 2024 All rights reserved | | Version: 1.0.0.18 | Updated: 10/9/2024 11:26:18 AM