Frequently Asked Questions

BASIC INFORMATION

1. WHY WAS A NOTICE ISSUED?

Settlement Class Members are eligible to receive payment from a proposed settlement of the Lawsuit. The Court overseeing the Lawsuit authorized the Notice to advise Settlement Class Members about the proposed settlement that will affect their legal rights. The Notice explains certain legal rights and options Settlement Class Members have in connection with the settlement.

2. WHAT IS THE LAWSUIT ABOUT?

The Lawsuit is a proposed class action lawsuit brought on behalf of certain current and former Teijin employees whose information may have been accessed and exfiltrated by unauthorized individuals as part of the Ransomware Attack. The affected information may include full name and one or more of the following: address, date of birth, full Social Security number, health insurance policy information (including subscriber number or designated insurer) and in a limited number of cases, banking information.

The Lawsuit claims Teijin is legally responsible for the Ransomware Attack and asserts various legal claims, including negligence and breach of implied contract. Teijin denies these claims and denies that it did anything wrong.

3. WHY IS THE LAWSUIT A CLASS ACTION?

In a class action, one or more representative plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all of these people are the “class” and each individually is a “class member.” There is one Representative Plaintiff in this case: Jennifer Hummel. The class in this case is referred to in the Notice as the “Settlement Class.”

4. WHY IS THERE A SETTLEMENT?

The Representative Plaintiff in the Lawsuit, through her attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Representative Plaintiff and Class Counsel believe that the Settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Representative Plaintiff’s claims or Defendant’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive compensation. The Settlement does not mean that Defendant did anything wrong, or that the Representative Plaintiff and the Class would or would not win the case if it were to go to trial.

TERMS OF THE PROPOSED SETTLEMENT

5. HOW DO I KNOW IF I AM IN THE SETTLEMENT CLASS?

The Settlement Class is defined by the Court as all individual U.S. residents to whom Teijin sent notice of the Ransomware Attack. Excluded from the Settlement Class are: (1) the Judge and Magistrate Judge presiding over the Lawsuits, any members of the Judges’ respective staffs, and immediate members of the Judges’ respective families; (2) officers, directors, members and shareholders of Teijin; (3) persons who timely and validly request exclusion from and/or opt-out of the Settlement Class and the successors and assigns of any such excluded persons; and (4) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Ransomware Attack or who pleads nolo contendere to any such charge.

6. WHAT DOES THE SETTLEMENT PROVIDE?

The proposed settlement would create a Settlement Fund of $1,192,280.00 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 (approximately $81,456.00), (iii) any attorneys’ fees and costs awarded by the Court to Class Counsel (up to $33.33% of the Settlement Fund (or up to $397,426.66) plus litigation costs and expenses of up to $15,000.00), and (iv) any service award to the Representative Plaintiff awarded by the Court (up to $5,000.00total). The settlement also releases all claims or potential claims of Settlement Class Members against Teijin arising from or related to the Ransomware Attack, as detailed in the Class Settlement Agreement and Release.

7. WHAT CLAIMS ARE SETTLEMENT CLASS MEMBERS GIVING UP UNDER THE SETTLEMENT?

Settlement Class Members who do not validly exclude themselves from the Settlement will be bound by the Class Settlement Agreement and Release and any final judgment entered by the Court and will give up their right to sue Defendant for the claims being resolved by the Settlement, including all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Data Incident. The claims that Settlement Class Members are releasing are described in Section 76-78 of the Class Settlement Agreement and Release.

PAYMENTS TO SETTLEMENT CLASS MEMBERS

8. WHAT KIND OF PAYMENTS CAN SETTLEMENT CLASS MEMBERS RECEIVE?

Settlement Class Members who submit valid claims and any required documentation may receive one or more of the following, to be paid from the Settlement Fund:

• (1) a Residual Cash Payment of up to $550,
• (2) Reimbursement of Ordinary Out-of-Pocket Losses up to $500 per individual for unreimbursed costs, losses, or expenditures incurred in responding to notice of the Ransomware Attack that were incurred between December 1, 2022 and the Claims Deadline,
• (3) Reimbursement of Extraordinary Losses up to $6,500 per individual for unreimbursed costs, losses, or expenditures that are fairly traceable to the Ransomware Attack and not reimbursable as Ordinary Out-of-Pocket Losses,
• (4) Settlement Class Members with valid, documented Extraordinary Losses may also submit a claim for up to 10 hours of time spent remedying issues related to the Ransomware Attack at a rate of $30 per hour by providing an attestation and a brief description of: (1) the actions taken in response to the Ransomware Attack; and (2) the Attested Time associated with each action, and/or
• (5) 2 years of identity theft protection and credit monitoring services.

Depending on how many valid claims are submitted, the amounts of the reimbursements, Attested Time payments, and Residual Cash Payments will be adjusted upward or downward proportionally among Settlement Class Members submitting valid claims, as explained further below in FAQ12.

9. WHAT IS THE RESIDUAL CASH PAYMENT?

Every Settlement Class Member is eligible to receive a Residual Cash Payment of up to $550, regardless of whether he or she experienced any unauthorized charges or identifiable losses related to the Ransomware Attack. Settlement Class Members seeking a Residual Cash Payment must provide the information required on the Claim Form. The Residual Cash Payment is subject to upward (to a maximum of $550) or downward adjustment as described below in FAQ12.

Eligibility for any award, including the Residual Cash Payment, is within the discretion of the Claims Administrator as outlined in FAQ17.

10. WHAT IS REIMBURSEMENT FOR ORDINARY OUT-OF-POCKET LOSSES?

Settlement Class Members who incurred unreimbursed costs, losses, or expenditures in responding to notice of the Ransomware Attack between December 1, 2022 and the Claims Deadline may be eligible to receive a reimbursement for these costs, losses, or expenditures.

Ordinary Out-of-Pocket Losses may include, without limitation, the following: (1) costs associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; (2) other miscellaneous expenses incurred related to any Ordinary Out-of- Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges; and (3) credit monitoring or other mitigative costs.

If it is verified that a Settlement Class Member meets all the criteria described in the Settlement Agreement, and they submit proof of their unreimbursed costs, losses, and expenditures and the dollar amount of those costs, losses, and expenditures, they will be eligible to receive reimbursement of up to $500.00.

Documentation supporting Ordinary Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” that documents 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 to other submitted documentation.

11. WHAT IS REIMBURSEMENT FOR EXTRAORDINARY LOSSES?

Settlement Class Members who incurred unreimbursed costs, losses, or expenditures that are fairly traceable to the Ransomware Attack and not reimbursable as Ordinary Out-of-Pocket Losses may be eligible to receive a reimbursement for these costs, losses or expenditures.

Extraordinary Losses will be deemed “fairly traceable” to the Ransomware Attack if (1) the timing of the cost or expenditure occurred on or after December 1, 2022; and (2) the personal information used to commit identity theft or fraud consisted of the same type of personal information that was provided to Teijin prior to the Ransomware Attack.

Extraordinary Losses may include, without limitation, the unreimbursed costs, losses, or expenditures incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of your personal information.

If it is verified that a Settlement Class Member meets all the criteria described in the Settlement Agreement, and they submit proof of their unreimbursed costs, losses, and expenditures and the dollar amount of those unreimbursed costs, losses, and expenditures, they will be eligible to receive reimbursement of your documented unreimbursed costs, losses, and expenditures of up to $6,500.00.

Documentation supporting Extraordinary Losses can include receipts or other documentation not “self-prepared” that documents the unreimbursed costs, losses, or expenditures incurred. “Self-prepared” documents, such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support to other submitted documentation.

12. WHEN AND HOW WILL THE AMOUNT OF SETTLEMENT PAYMENTS BE ADJUSTED?

If the aggregate amount of approved Claims for Ordinary Out-of-Pocket Losses and approved Claims for Extraordinary Losses and Attested Time exceeds the remaining amount of the Settlement Fund after payment for costs of Credit Monitoring Services, notice and administration costs, service award payments approved by the Court, and attorneys’ fees and expenses awarded by the Court, approved Claims for Ordinary Out-of-Pocket Losses and approved Claims for Extraordinary Losses and Attested Time will be decreased pro rata to consume the remaining amount of the Settlement Fund.

Claims for Residual Cash Payments will be increased pro rata to a maximum of $550 or decreased pro rata to consume the remaining amount of the Settlement Fund after payment for approved Claims for Ordinary Out-of-Pocket Losses, approved Claims for Extraordinary Losses and Attested Time, costs of Credit Monitoring Services, notice and administration costs, service award payments approved by the Court, and attorneys’ fees and expenses awarded by the Court.

13. WHAT HAPPENS AFTER ALL CLAIMS ARE PROCESSED AND THERE ARE FUNDS REMAINING?

If there are any funds remaining after all valid claims are processed and the time to cash any payment checks has passed, those funds shall be distributed as directed by the Court, including potential distribution to a charitable organization. No remaining funds will be returned to Teijin.

YOUR OPTIONS AS A SETTLEMENT CLASS MEMBER

14. IF I AM A SETTLEMENT CLASS MEMBER, WHAT OPTIONS DO I HAVE?

If you are a Settlement Class Member, you do not have to do anything to remain in the settlement. However, if you wish to seek an award under the settlement, youmust complete and submit a Claim Form postmarked or submitted online by July 31, 2024.

If you do not want to give up your right to sue Teijin about the Ransomware Attack or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See FAQ18 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 FAQ21 for instructions on how to submit an objection.

15. WHAT HAPPENS IF I DO NOTHING?

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 Teijin and other Released Persons related to the claims released by the settlement.

16. HOW DO I SUBMIT A CLAIM?

You may complete the Claim Form online at HERE. You may also obtain a paper Claim Form by downloading it HERE or by emailing info@TATDataSettlement.com. If you choose to complete a paper Claim Form, you must mail your claim form and supporting documents postmarked by July 31, 2024 to:

If you do not wish to make a Claim for Reimbursement of Ordinary Out-of-Pocket Losses, Reimbursement of Extraordinary Losses, or Attested Time, but you do wish to make a claim for a Residual Cash Payment and/or Credit Monitoring Services, you may fill out and return the “tear off” claim form attached to the mailed notice of this settlement, for which the postage is prepaid.

17. WHO DECIDES MY SETTLEMENT CLAIM AND HOW DO THEY DO IT?

The Claims Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Claims 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.

18. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

To opt out of the settlement you must make a signed, written request that (i) says you wish to exclude yourself from the Settlement Class in these Lawsuits, and (ii) includes your name, address and phone number. You must mail your request to this address:

Your request must be submitted online or postmarked by July 1, 2024.

19. IF I EXCLUDE MYSELF, CAN I RECEIVE ANY PAYMENT FROM THIS SETTLEMENT?

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

20. IF I DO NOT EXCLUDE MYSELF, CAN I SUE DEFENDANT FOR THE DATA INCIDENT LATER?

No. Unless you exclude yourself, you give up any right to sue Teijin and other Released Persons 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.

21. HOW DO I OBJECT TO THE SETTLEMENT?

All Settlement Class Members who do not request exclusion 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 lawsuit will continue. If that is what you want to happen, you must object. Any objection to the proposed settlement must be in writing and it and any supporting papers must be mailed to the Clerk of the Court, Settlement Class Counsel and Teijin’s Counsel, at the mailing addresses listed below. Your objection must be filed or postmarked no later than the objection deadline, July 1, 2024.

To be considered by the Court, your objection must list the name of the Lawsuit pending in the Eastern District of Michigan: Hummel v. Teijin Automotive Technologies, Inc., No. 2:23-cv-10341 (E.D. Mich.), and include all of the following information: (i) your full name, address, telephone number, and e-mail address (if any), (ii) information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (such as the notice you received from Teijin or the notice of this Settlement), (iii) a statement as to whether your objection applies only to yourself, to a specific subset of the Settlement Class, or to the entire class, (iv) a clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection you believes applicable, (v) the identity of any counsel representing you, (vi) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel, (vii) a list of all persons who will be called to testify at the Final Approval Hearing in support of your objections and any documents to be presented or considered, and (viii) your signature and the signature of your duly authorized attorney or other duly authorized representative (if any).

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.

COURT APPROVAL OF THE SETTLEMENT

22. HOW, WHEN, AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold a Final Approval Hearing to decide whether to approve the settlement. That hearing is scheduled for September 23, 2024 at 11:00 a.m. at the Theodore Levin U.S. Courthouse 231 W. Lafayette Blvd., Courtroom 717 Detroit, MI 48226. Please visit the Court’s website at www.mied.uscourts.gov for current information regarding courthouse access and court hearings. At the Final Approval Hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. 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 Settlement Class Counsel’s request for attorneys’ fees and costs, and the request for a service award for the Representative Plaintiff. 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 https://www.mied.uscourts.gov/ or access the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system to confirm the schedule if you wish to attend.

23. DO I HAVE TO ATTEND THE HEARING?

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 FAQ21. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.

24. WHAT HAPPENS IF THE COURT APPROVES THE SETTLEMENT?

If the Court approves the settlement and no appeal is taken, the Settlement Fund will be fully funded. The Claims Administrator will pay any attorney fees and costs award and any Representative Plaintiff’s service award from the Settlement Fund. Then, within the later of 30 days after the Effective Date or 30 days after all disputed claims have been resolved, the Claims Administrator will send settlement payments to Settlement Class Members who submitted timely and valid Settlement Claims.

25. WHAT HAPPENS IF THE COURT DOES NOT APPROVE THE SETTLEMENT?

If the Court does not approve the settlement, no Settlement Fund will be created, there will be no settlement payments to Settlement Class Members, Settlement Class Counsel or the Representative Plaintiff, and the case will proceed as if no settlement had been attempted.

LAWYERS FOR THE SETTLEMENT CLASS AND DEFENDANT

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

Settlement Class Members will not be charged for the services of Settlement Class Counsel; Settlement 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.

27. HOW WILL THE LAWYERS FOR THE SETTLEMENT CLASS BE PAID?

Settlement Class Counsel will request the Court’s approval of an award for attorneys’ fees up to 33.33% of the Settlement Fund (or up to $397,426.66), plus reasonable costs and expenses (up to $15,000.00), which shall be paid from the Settlement Fund. Settlement Class Counsel will also request approval of a service award of $5,000.00 to the Representative Plaintiff, which shall also be paid from the Settlement Fund.

28. WHO REPRESENTS DEFENDANT IN THE LAWSUIT?

Teijin is represented by the following lawyers:

FOR FURTHER INFORMATION

29. WHAT IF I WANT FURTHER INFORMATION OR HAVE QUESTIONS?

The Notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the Class Action Settlement Agreement and Release available HERE, by contacting Settlement Class Counsel at the phone numbers provided in response to FAQ26 above, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system or by visiting the Clerk’s Office, Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Room 599, Detroit, MI 48226 between 8:00 a.m. and 5:000 p.m., Monday through Friday, excluding Court holidays.

Simpluris will act as the Claims Administrator for the settlement. You can contact the Claims Administrator at:

Please do not contact the Court.