Castaneda v. Ardagh Glass Inc. Frequently Asked Questions

The Court authorized this Notice because you have a right to know about the settlement, and all your options, before the Court decides whether to give “final approval” to the settlement. This Notice explains the nature of the lawsuit that is the subject of the settlement, the general terms of the settlement, and your legal rights and options.

The Honorable Judge Matthew P. Brookman of the United States District Court for the Southern District of Indiana is overseeing this case captioned as Castaneda v. Ardagh Glass Inc., Case No. 1:23-cv-2214 (S.D. Ind.). The people who brought the lawsuit are called the “Plaintiffs” or “representative plaintiffs,” and the company they sued, Ardagh Glass Inc. (“Ardagh”), is called the “Defendant” in this case.

The lawsuit alleges that in April 2021, criminal actors accessed and encrypted portions of Ardagh’s network in a ransomware attack and gained unauthorized access to the personally identifiable information of certain Ardagh employees and their dependents. The Data Breach impacted the personally identifiable information of approximately 5,300 individuals.

Ardagh denies any wrongdoing whatsoever. No court or other judicial body has made any judgment or other determination that Ardagh has done anything wrong.

In a class action, one or more people called “class representatives” or “plaintiffs” sue on behalf of all people who have similar claims. Together, all these people are called a “settlement class,” and the individuals are called “settlement class members.” One court resolves the issues for all settlement class members, except for those who exclude themselves from the settlement class.

The Court has not decided in favor of the Plaintiffs or Ardagh. Instead, both sides agreed to the settlement. The settlement avoids the cost and risk of a trial and related appeals, while providing benefits to settlement class members. The “representative plaintiffs” appointed to represent the settlement class, and the attorneys for the class (“Class Counsel,” see Question 18) think the settlement is best for all settlement class members.

You are affected by the settlement and potentially a settlement class member if you previously received written notification from Ardagh that your personally identifiable information may have been compromised as a result of the Data Breach. Only settlement class members are eligible to receive benefits under the settlement. Specifically excluded from the settlement class are: (1) the judges presiding over the lawsuits, members of their staff, and members of their direct families; (2) Ardagh and any other party being released pursuant to the settlement; and (3) settlement class members who submit a valid request for exclusion prior to October 8, 2024.

If you are not sure whether you are included in the settlement, you may call (833) 383-3247 with questions. You may also write with questions to:

Ardagh Glass Data Breach Action
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324

The settlement provides that Ardagh will create a settlement fund that pays for the following: (a) out-of-pocket losses (b) attested time up to five (5) hours at twenty-five dollars ($25) per hour (c) three (3) years of credit monitoring services from all three (3) major credit bureaus; and (d) pro rata cash payment. Note that settlement class members are subject to an individual aggregate cap of $11,000 for payments made under the settlement for out-of-pocket losses and attested time ($10,000 in extraordinary expenses and $1,000 in ordinary expenses).
 

Payment of the fee award and costs (see Question 19), notice and administrative expenses, service award payments, credit monitoring services, out-of-pocket losses, and attested time claims will be paid from the settlement fund. The settlement administrator will make pro rata cash payments of the remaining settlement fund to each settlement class member.
 

Ardagh has agreed to implement and maintain certain business practice adjustments to its data security practices including by implementing: (i) enhanced cybersecurity training and awareness program, (ii) enhanced data security policies, (iii) enhanced security measures, (iv) further restricting access to personal information, and (v) enhanced monitoring and response capabilities.

Settlement class members who submit a claim approved by the settlement administrator are eligible to receive:

1. Credit Monitoring Services: In addition to the benefits below, settlement class members are eligible to receive three (3) years of credit monitoring and identity theft protection services with all three (3) credit bureaus (including $1,000,000 in identity theft insurance) at no cost to you. You must submit a Claim Form to receive this benefit.
2. Reimbursement for Out-of-Pocket Losses: All settlement class members are eligible to recover compensation for up to $11,000 per person for out-of-pocket losses incurred as a result of the Data Breach, including but not limited to:
   • Unreimbursed costs associated with fraud or identity theft, including professional fees such as attorneys’ fees, accountants’ fees, and fees for credit repair services, and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges, as well as costs for credit monitoring or other mitigative services that were incurred on or between April 23, 2021 and the notice deadline, which is August 29, 2024. You must submit a Claim Form to receive this benefit.
3. Reimbursement for Attested Time: Settlement class members may make a claim for self-certified time spent related to the effects or potential effects of the Data Breach. Each settlement class member may seek reimbursement for up to five (5) hours at twenty-five dollars ($25) per hour of time spent in response to the Data Breach by simply attesting to the fact that they expended such time and describing how the time was spent. You must submit a Claim Form to receive this benefit.
4. Pro Rata Cash Payment: After the distribution of the fee award and costs, notice and administrative expenses, service award payments, credit monitoring services, out-of-pocket losses, and attested time claims, the settlement administrator will automatically make pro rata cash settlement payments of the remaining settlement fund to each settlement class member. No claim form is required to receive this payment.

To receive credit monitoring services, reimbursement for out-of-pocket losses, or reimbursement for attested time, you must complete and submit a claim online at www.ardaghdatabreach.com, or by mail to Ardagh Glass Data Breach Action, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by November 27, 2024, or by mail postmarked by November 27, 2024.

You do not need to submit a claim form to receive a pro rata cash payment.

The settlement administrator will decide whether and to what extent any claim made on each Claim Form is valid. The settlement administrator may require additional information from you. If you do not provide the additional information in a timely manner, the claim will be considered invalid and will not be paid.

The settlement administrator, in its sole discretion to be reasonably exercised, will determine whether:

1. the timing of the costs occurred on or after April 2021; and
2. the personally identifiable information purportedly used to commit identity theft or fraud consisted of the type of personally identifiable information identified in Ardagh’s notices of the Data Breach.
    

The Court will hold a hearing on November 5, 2024, at 10:30 a.m. ET to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals from that decision and resolving them can take time. It also takes time for all the Claim Forms to be processed. Please be patient. Payments will begin after the settlement has obtained court approval and the time for all appeals has expired.

Ardagh and its affiliates will receive a release from all claims that could have been or that were brought against Ardagh relating to the Data Breach. Thus, if the settlement becomes final and you do not exclude yourself from the settlement, you will be a settlement class member and you will give up your right to sue (i) Ardagh Glass Inc., Ardagh Group S.A., Ardagh Metal Packaging S.A., Ardagh Metal Packaging USA Corp (formerly Ardagh Metal Beverage USA Inc.), Ardagh Glass Packaging Inc., Ardagh Holdings USA, and Ardagh Metal Packaging Finance USA LLC and (ii) the past and present officers, directors, employees, officials, members, partners, principals, agents, representatives, attorneys (including any and all in-house and outside counsel including, without limitation, Ardagh’s Counsel), advisors, administrators, auditors (including any and all internal and external auditors), accountants, actuaries, consultants, fiduciaries, representatives, service providers, successors-in-interest, parents, Subsidiaries, Affiliates, trustees, insurance carriers, reinsurers, estates, heirs, executors, beneficiaries, trusts, and assigns of, including all persons controlling, controlled by, or under common control with, any or all of the above persons or entities referenced in this paragraph, relating to the Data Breach.

No. If you exclude yourself, you will not be entitled to receive any benefits from the settlement

No. Unless you exclude yourself, you give up any right to sue Ardagh and any other released party for any claim that could have been or was brought relating to the Data Breach. You must exclude yourself from the settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case.

To exclude yourself, send a Request for Exclusion or written notice of intent to opt-out that says you want to be excluded from the settlement in Castaneda v. Ardagh Glass Inc., Case No.: 1:23-cv-2214. The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the settlement. You must mail your exclusion request postmarked by the opt-out deadline, which is October 8, 2024, to:

Ardagh Glass Data Breach Action
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324

You can tell the Court that you do not agree with the settlement, or some part, of it by objecting to the settlement. To object, you must mail your objection to the settlement administrator, at the mailing addresses listed below, postmarked by no later than the objection deadline, which is October 8, 2024.

Ardagh Glass Data Breach Action
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324

Your objection must be written and must include all of the following: include (i) the name of the lawsuits; (ii) the settlement class member’s full name, current mailing address, and telephone number; (iii) a statement of the specific grounds for the objection, as well as any documents supporting the objection; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (v) the identity of any attorneys representing the objector; (vi) a statement regarding whether the settlement class member (or his/her attorney) intends to appear at the final approval hearing; and (vii) the signature of the settlement class member or the settlement class member’s attorney.

Objecting is telling the Court that you do not like the settlement, or parts of it, and why you do not think it should be approved. You can object only if you are a settlement class member. Excluding yourself is telling the Court that you do not want to be part of the settlement class and do not want to receive any payment from the settlement. If you exclude yourself, you have no basis to object because you are no longer a settlement class member, and the case no longer affects you. If you submit both a valid objection and a valid request for exclusion, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Lynn A. Toops and Amina A. Thomas of Cohen & Malad, LLP, J. Gerard Stranch, IV of Stranch, Jennings & Garvey, PLLC, and Samuel J. Strauss and Raina C. Borrelli of Strauss Borrelli PLLC as Class Counsel to represent the settlement class in settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will file a fee application to be paid from the settlement fund. Class Counsel’s request for attorneys’ fees will not exceed one-third (33.33%) of the settlement fund and reimbursement of litigation costs and expenses not to exceed $907,500. These amounts would be paid from the settlement fund. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the settlement and will be the only payment to them for their efforts in achieving this settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will also ask the Court for a service award payment up to $10,000 for each of the representative plaintiffs (for a total payment of $20,000).

Any fee award and cost for Class Counsel, and for service award payments to the representative plaintiffs must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s papers in support of final approval of the settlement will be filed no later than October 28, 2024, and their fee application will be filed no later than September 17, 2024, and will be posted on the settlement website.

The Court will hold a final approval hearing at 10:30 a.m. ET on November 5, 2024, at the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, IN 46204, Room 288 as ordered by the Court. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for fee award and costs, as well as the request for service award payment for the representative plaintiffs. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking the settlement website www.ardaghdatabreach.com, or calling (833) 383-3247.

No. Class Counsel will present the settlement class to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16, the Court will consider it.

You may ask the Court for permission to speak at the final approval hearing. To do so, you must file an objection according to the instructions in Question 16, including all the information required. Your objection must be mailed to the settlement administrator, at the mailing addresses listed below, postmarked by no later than the objection deadline.

If you do nothing, you will still be eligible to receive a pro rata cash payment from this settlement. If the settlement is granted final approval and becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Ardagh or the other released parties based on any claim that could have been or that was brought relating to the Data Breach.

This Notice summarizes the settlement. More details are in the settlement agreement itself. A copy of the settlement agreement is available at www.ardaghdatabreach.com.You may also call or email the settlement administrator with questions or to receive a claim form at (833) 383-3247.

It is your responsibility to inform the settlement administrator of your updated information. You may do so at the address below:

Ardagh Glass Data Breach Action
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324