Rivera et al. v. Aimbridge Hospitality, LLC.

Case No.: 2018-CA-7870

In the Circuit Court for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida

Frequently Asked Questions

  1. Background Information

  2. Why is there a notice?

    If you received a notice by email or US Postal Mail, you were identified as an individual whose personal information was contained in Aimbridge employee email accounts subject to unauthorized access, identified on or about March 21, 2018 and September 24, 2018, as a result of the Data Breach.

    The Detailed Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information including a copy of the Settlement (which defines certain capitalized terms used in the Notice), Claim Form and Certain Court Documents, please visit the Important Documents page of this website.

  3. What is this lawsuit about?

    This lawsuit claims that Defendant failed to adequately protect individuals’ information from unauthorized access. Defendant denies all liability.

  4. Why is this a class action?

    In a class action lawsuit, one or more people called “Class Representative(s)” (in this Action, Arinda Rivera) sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The company sued in this case, Aimbridge Hospitality, LLC, is called the Defendant.

  5. Why is there a settlement?

    The Class Representative has made claims against Defendant. Defendant denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Class Representative or Defendant should win this Action. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all.

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

    The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement:

    All individuals whose personal information was contained in Aimbridge employee email accounts subject to unauthorized access, identified on or about March 21, 2018 and September 24, 2018, as a result of the Data Breach.

  7. I’m still not sure if I am included.

    If you are still not sure whether you are included, you can write the Settlement Administrator for free help. The email address of the Settlement Administrator is info@AimbridgeSettlement.com and the U.S. postal (mailing) address is Aimbridge Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.


  8. The Proposed Settlement

  9. What relief does the Settlement provide to the Class Members?

    If you submit a valid claim form, which is attached at the end of this Notice, by NOVEMBER 18, 2019, you will remain in the Class and you will be entitled receive two years of myTrueIdentity single bureau credit monitoring services provided by TransUnion, which includes $1,000,000 in identity theft insurance per Class Member. There can be only one Approved Claim per Class Member.

    In addition, Aimbridge is implementing the following data security practices in its corporate environment: (1) network and host-based intrusion detection and prevention systems; (2) advanced endpoint protection and threat detection which is monitored 24/7 by a certified security operations center; (3) multi-factor authentication for remote access and domain administration access; and (4) provision of security awareness training to its employees.

  10. When will I get my Settlement Benefit?

    You will receive these benefits approximately 30 days after the Court enters a Final Approval Order. This estimation is premised on the assumption that no objections are received, and no appeal is filed.


  11. The Lawyers In This Case And The Representative Plaintiffs

  12. Do I have a lawyer in this case?

    The Court has appointed the law firm of Wenzel Fenton Cabassa, LLP to serve as Class Counsel. You will not be charged for these lawyers; however, they will receive a payment from the Settlement in an amount to be determined by and approved by the Court on a later date. If you want to be represented by your own lawyer, you may hire one at your own expense. If you choose to hire your own lawyer, he or she must file an appearance by NOVEMBER 18, 2019.

    Brandon J. Hill
    Luis A. Cabasssa
    Wenzel Fenton Cabassa, P.A.
    1110 N. Florida Avenue, Suite 300
    Tampa, Florida 33602
    Tel. 813-224-0431
    Fax. 813-229-8712

  13. How will the lawyers be paid?

    Class Counsel will be paid reasonable attorneys’ fees and expenses up to $300,000, subject to court approval. The costs of settlement administration will be paid separately by the Defendant.

  14. Will the Class Representative(s) receive any compensation for their efforts in bringing this Action?

    The Class Representatives will seek a payment of $1,500 each, for their services to the Class Members. This payment is subject to the Court’s Approval.


  15. Dismissal Of Action And Release Of All Claims

  16. What am I giving up to obtain relief under the Settlement?

    By staying in the Class, all of the Court’s orders will apply to you, and you give Defendant a “release.” A release means you cannot sue or be part of any other lawsuit against Defendant about the claims or issues in this lawsuit with respect to the unauthorized access of your information in Aimbridge employee email accounts identified on or about March 21, 2018 and September 24, 2018.


  17. How To Exclude Yourself From The Settlement

  18. How do I exclude myself from the Settlement?

    To exclude yourself from the settlement, you must send a letter by mail stating that you want to be excluded from Arinda Rivera, et al. v. Aimbridge Hospitality, LLC, Case No. 2018-CA-7870 (Fla. 13th Cir. Ct). Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request so that it is postmarked no later than NOVEMBER 18, 2019, to:

    Class Action Opt-Outs
    ATTN: Aimbridge Settlement
    PO BOX 58220
    1500 John F Kennedy Blvd. Suite C31
    Philadelphia, PA 19102


  19. How To Object To The Settlement

  20. How do I tell the Court that I disagree with the Settlement?

    At the date, time, and location stated in Section 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Class Counsel’s request for an award of attorneys’ fees and costs, and service awards to the Representative Plaintiffs.

    If you are a Class member, you can object to the Settlement. In order to object to the Settlement, you must send a written objection (such as a letter or legal brief) stating that you object and the reasons why you think the Court should not approve the Settlement. Your objection must be personally signed by you and include: (1) your name, address, email address, telephone number; (2) a sentence stating under penalty of perjury that you are a member of the Settlement Class; (3) the name and number of the case: Arinda Rivera, et al. v. Aimbridge Hospitality, LLC, Case No. 2018-CA-7870 (Fla. 13th Cir. Ct); (4) the factual basis and legal grounds for your objection to the Settlement; (5) the identity of any witnesses whom you may call to testify at the Final Approval Hearing; and (6) copies of any exhibits you may seek to offer into evidence at the Final Approval Hearing. Your written objection must indicate whether you or your lawyer(s) intend to appear at the Final Approval Hearing. If you have a lawyer, your lawyer who intends to appear at the Final Approval Hearing also must enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than NOVEMBER 18, 2019, and must include the full caption and case number of each previous class action case in which that counsel has represented an objector. You must also file your objection so that it is postmarked no later than NOVEMBER 18, 2019 to:

    Court:
    Clerk of Court
    Thirteenth Judicial District,
    Hillsborough County, FL
    George Edgecomb Courthouse
    800 E. Twiggs Street
    Tampa, FL 33602
    Attn: “Arinda Rivera, et al. v. Aimbridge Hospitality, LLC, Case No. 2018-CA-7870 (Fla. 13th Cir. Ct)"

    Settlement Administrator:
    Class Action Objections
    ATTN: Aimbridge Settlement
    PO BOX 58220
    1500 John F Kennedy Blvd. Suite C31
    Philadelphia, PA 19102

  21. What is the difference between excluding myself and objecting to the Settlement?

    Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.


  22. Fairness Hearing

  23. What is the Fairness Hearing?

    The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. You may attend, but you do not have to. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for service awards to the Class Representative.

  24. When and where is the Fairness Hearing?

    The Court will hold a hearing on NOVEMBER 21, 2019 at 9:30 a.m. in the courtroom of the Honorable Cheryl K. Thomas, Thirteenth Judicial District, Hillsborough County, FL 800 E. Twiggs Street, Courtroom 305, Tampa, FL, 33602. The purpose of the hearing will be for the Court to determine whether the proposed settlement is fair, reasonable, and adequate and in the best interests of the Class and to determine the appropriate amount of compensation for Class Counsel. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement.

    YOU ARE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THIS SETTLEMENT. The hearing may be postponed to a later date without notice.

  25. May I speak at the Fairness Hearing?

    At the Fairness Hearing, the Court will hear any objections and arguments concerning the fairness of the Settlement. As described above in FAQ 14, you may speak at the Fairness Hearing only if you have timely and validly provided a Notice of Intention to Appear. If you have requested exclusion from the Settlement, you may not speak at the Fairness Hearing.


  26. Additional Information

  27. How do I get more information?

    To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, and other important documents, please visit the Important Documents page of this website. Alternatively, you may contact the Settlement Administrator at the email address info@AimbridgeSettlement.com or the U.S. postal (mailing) address: Aimbridge Settlement Administrator, 1650 Arch St., Suite 2210, Philadelphia, PA 19103.

    This description of this Action is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit the Clerk’s office at 800 E. Twiggs Street, Courtroom 305, Tampa, FL, 33602. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

  28. What if my address or other information has changed or changes after I submit a Claim Form?

    It is your responsibility to inform the Settlement Administrator of your updated information. You may do so by email to info@AimbridgeSettlement.com or at the address below:

    Aimbridge Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103


DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.