The Court authorized the Notice to inform you about a proposed settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. You may be eligible to receive a cash payment and free Credit Monitoring Services as part of the settlement. The Notice explains the lawsuit, the settlement, and your legal rights.

Amanda Fitton (“Plaintiff” or “Settlement Class Representative”), individually and on behalf of the Settlement Class (defined below); and (ii) Pinnacle Propane, LLC (“Pinnacle” or “Defendant”), in the case of Fitton v. Pinnacle Propane, LLC, Case No. 3:23cv1559, pending in the United States District Court for the Northern District of Texas, Dallas Division. Pinnacle and Plaintiff are collectively referred to herein as the “Parties.” The lawsuit being resolved is referred to herein as the “Litigation.”

A class action is a lawsuit in which one or more plaintiffs—in this case, Amanda Fitton, sue on behalf of a group of people who have similar claims. In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. In this case, the Class is defined as:

All Individuals whose Private Information was compromised or potentially compromised in the Data Incident disclosed by Pinnacle in June 2023.

Pinnacle experienced a cyberattack on December 4, 2022, when certain of its IT systems containing Private Information stored by Pinnacle was potentially compromised. The Plaintiff filed the Lawsuit claiming that Defendant failed to implement and maintain reasonable security measures necessary to protect their Private Information that it maintained on its computer systems, in order to prevent the Data Incident from occurring.

Defendant denies all allegations that its data security practices were improper or insufficient, or that its actions in any way led to the Data Incident. The Court has not determined whether Plaintiff or Defendant are correct. More information about the Class Action Complaint filed in the Lawsuit can be found on the Settlement Website in Important Case Documents.

On December 5, 2023, the Parties participated in a mediation with the assistance of Hon. Jay C. Gandhi (ret.). Following arms-length negotiations, the Parties negotiated a settlement by which they agreed to resolve all matters pertaining to, arising from, or associated with the Litigation, including all claims Plaintiff and the Settlement Class Members have or may have had against Pinnacle and related persons and entities. Throughout the mediation the Parties engaged in an extensive evaluation and discussion of the relevant facts and law. The Parties agreed to this settlement, and dismissal of the Lawsuit under the term of the Settlement Agreement, to avoid the uncertainty, risks, and expense of ongoing Litigation. The Settlement Class Representative and Class Counsel, attorneys for the Class Members, believe the terms of the settlement are fair, reasonable, adequate, and equitable, and that the settlement is in the best interests of the Settlement Class Members. The settlement is not an admission of any wrongdoing by Defendant nor that the Lawsuit is without merit.

This Lawsuit involves personally identifiable information (“PII”) stored by Pinnacle that was potentially compromised by unauthorized entities in a cyberattack against Pinnacle’s computer systems on December 4, 2022, and which Pinnacle disclosed beginning in June 2023 (“Data Incident”). Current and former employees of Pinnacle whose Private Information was stored on Pinnacle’s computer system and potentially compromised in the Data Incident will be affected by the settlement. Specifically, members of the Settlement Class, defined below, will be affected.

The Settlement Class Representative and Defendant will ask the Court to certify a Settlement Class defined as “all Individuals whose Private Information was compromised or potentially compromised in the Data Incident disclosed by Pinnacle in June 2023.” The Settlement Class specifically excludes: (1) the judge(s) presiding over this Lawsuit and members of their families; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant of its parents have a controlling interest and their current or former officers, directors, and employees; (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline; and (4) successors or assigns of any such excluded natural persons.

If the settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then the Litigation will continue.

All Settlement Class Members are eligible to receive a cash payment and/or free Credit Monitoring Services. To receive benefits from the settlement, you must complete and return the Claim Form which is available on the Settlement Website in Important Case Documents.

Settlement Benefits for eligible Settlement Class members include: (1) compensation for Out-of-Pocket Losses, up to a total of $2,000 per person, upon submission of a timely and valid Claim with supporting documentation for Out-of-Pocket Losses incurred as a result of the Data Incident; (2) compensation for up to six (6) hours of Lost Time, at $40.00/hour ($240.00 cap), for time spent mitigating the effects of the Data Incident – Claims for Lost Time can be combined with Claims for Out-of-Pocket Losses but are subject to the $2,000.00 cap; and (3) three (3) years of three-bureau Credit Monitoring Services which includes identity restoration services and $1 million in identity theft insurance, provided by Experian, Equifax, and Transunion, regardless of whether the Class Member submits a Claim for reimbursement of Out-of-Pocket Losses or Lost Time.

In the alternative to compensation for Out-of-Pocket Losses, Lost Time, and/or Credit Monitoring, Class Members can elect to make a Claim for up to a $100.00 Alternative Cash Payment. To receive this benefit, Settlement Class Members must submit a timely and valid Claim Form.

6.A. Who May Recover for Out-of-Pocket Losses and Lost Time and for How Much?

• If you are a Class Member and you incurred out-of-pocket costs or expenditures that are supported by Reasonable Documentation. “Out-of-Pocket Losses” must be “a result” of the Data Incident, and such expenses have not already been reimbursed by a third party. These Out-of-Pocket Losses incurred as a result of the Data Incident may include, without limitation, expenses unreimbursed costs associated with fraud or identity theft, including professional fees and fees for credit repair services and miscellaneous expenses, such as (i) notary, (ii) fax, (iii) postage, (iii) copying, (iii) mileage, and (iv) long-distance telephone charges, as well as costs for credit monitoring costs or other mitigative services that were incurred on or after December 4, 2022.
• For Lost Time spent remedying the issues related to the Data Incident, you may receive compensation for up to six (6) hours at $40 per hour ($240.00 cap). You must attest that any claimed Lost Time was spent remedying the issues related to the Data Incident.
• For complete details, please see the Settlement Agreement, whose terms control, available in Important Case Documents. Claims will be subject to a verification process and will be denied if they do not meet the verification requirements. The Settlement Administrator will post additional information about the payment amount on the Settlement site if necessary.

6.B. Who may receive three years of Credit Monitoring Services?

• All Class Members are eligible to enroll for three (3) years of three-bureau credit monitoring services, identity restoration services, and $1 million in identity theft insurance, provided by Experian, Equifax, and Transunion, regardless of whether the Class Member submits a Claim for reimbursement of Out-of-Pocket Losses or Lost Time. However, if a Class Member elects to receive the Alternative Cash Payment, they are not eligible to enroll in the Credit Monitoring Services.
• The Settlement Administrator will make best efforts to send an activation code to each valid Credit Monitoring Services claimant with Approved Claims within thirty (30) days of the Effective Date which can be used to activate Credit Monitoring Services.

6.C. Who May Receive $100 Alternative Cash Payment?

• In the alternative to compensation for Out-of-Pocket Losses, Lost Time, and Credit Monitoring, Class Members may make a Claim for a cash payment of up to $100. To receive this benefit, Class Members must submit a valid and timely Claim Form selecting this option, but no documentation is required to make a Claim.

To qualify for a settlement benefit, you must complete and submit a Claim Form. Class Members who want to submit a Claim must fill out and submit a Claim Form online or by USPS mail. Claim Forms are available through the Settlement Website in Important Case Documents or Class Members may call the Settlement Administrator and request that a copy of the Claim Form be mailed to them.

Claims will be subject to a verification process. If you received a Notice with a Unique ID you must include it on your Claim Form. All Claim Forms must be received online or postmarked on or before DECEMBER 13, 2024.

The Final Approval Hearing when the Court considers the fairness of the settlement is scheduled for December 3, 2024, at 10:00 AM. If the Court approves the settlement, eligible Class Members whose Claims were approved by the Settlement Administrator will be sent payment within sixty (60) days after: (i) the Effective Date; or (ii) the date when all Claim Forms have been processed subject to the terms and conditions of the Settlement Agreement, whichever date is later.

Yes, the Court has appointed Strauss Borrelli PLLC as “Class Counsel.”

Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can retain your own lawyer to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.

Class Counsel will ask the Court for attorneys’ fees, costs, and expenses that will be paid from the Settlement Fund. Class Counsel will not seek more than one-third (33.33%) of the Settlement Fund, or $163,333.33 in attorneys’ fees and up to $20,000.00 in Litigation costs and expenses. Class Counsel will also request a Service Award of up to $5,000.00 for the Settlement Class Representative. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Settlement Class Representative. The Court may award less than the amounts requested.

If you do not exclude yourself from this settlement, you will not be able to sue the Defendant or any of the Released Parties about the Claims in the settlement and you will be bound by all decisions made by the Court in this case and the terms of the settlement, including its Release. This is true regardless of whether you submit a Claim Form. Please read the Settlement Agreement in Important Case Documents for full details. However, you may exclude yourself from this settlement (see Question 14). If you exclude yourself from the settlement, you will not be bound by the Settlement Agreement, including, the Released Claims, but you will not be able to make a claim for any benefits under the Settlement.

“Released Claims” means any and all claims or causes of action of every kind and description, including any causes of action in law, claims in equity, complaints, suits or petitions, and any allegations of wrongdoing, demands for legal, equitable or administrative relief (including, but not limited to, any claims for injunction, rescission, reformation, restitution, disgorgement, constructive trust, declaratory relief, compensatory damages, consequential damages, penalties, exemplary damages, punitive damages, attorneys’ fees, costs, interest or expenses) that Releasing Parties had, have or may claim now or in the future to have (including but not limited to, assigned claims and any and all “Unknown Claims”) that were or could have been asserted or alleged arising out of the same nucleus of operative facts as any of the claims alleged or asserted in the Action, including but not limited to the facts, transactions, occurrences, events, acts, omissions, or failures to act that were alleged, argued, raised or asserted in any pleading or court filing in the Action, including but not limited to those concerning the Data Incident. The Released Claims include the release of Unknown Claims.

The Settlement Agreement describes the Release, Released Claims, and Unknown Claims so please read it carefully. The Settlement Agreement is available in Important Case Documents or in the public Court records on file in this lawsuit. For questions regarding Release and what they mean, you can also contact one of the lawyers listed in Question 17 for free, or you can, talk to your own lawyer at your own expense.

The Released Claims do not include the right of Plaintiff, any Settlement Class Member, or any Releasing Party to enforce the terms of the Settlement Agreement.

If you do nothing, you will not receive any payment or free Credit Monitoring Services under the settlement. You will be in the Class, and if the Court approves the settlement, you will also be bound by all orders and judgments of the Court and the Settlement Agreement, including the Release. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant or the Released Parties for any of the claims or legal issues resolved in this settlement.

If you exclude yourself from the settlement, you will receive no benefits, payment, or free Credit Monitoring Services under the settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s orders and judgments related to the Class and Defendant in this Lawsuit or the terms of the Settlement Agreement, including the Release.

No. Unless you exclude yourself, you give up any right to sue Defendant or the Released Parties for the claims being resolved by this settlement.

No. If you exclude yourself, you are not eligible to submit a Claim Form or request any settlement payment or free Credit Monitoring Services.

You can give reasons why you think the Court should deny approval of the settlement by filing a written objection. To object, you must file written notice with the Court stating that you object to the settlement in Fitton v. Pinnacle Propane, LLC, Case No. 3:23cv1559, United States District Court for the Northern District of Texas, Dallas Division by NOVEMBER 13, 2024. Your objection must be filed with the Court, which you can do by mailing your objection and any supporting documents to the United States District Court for the Northern District of Texas, Dallas Division, at the following address:

United States District Court
1100 Commerce Street, Room 1452
Dallas, TX 75242

If you are represented by a lawyer, the lawyer may file your objection through the Court’s e-filing system. If you are represented, you must include the identity of any and all attorneys representing you in the objection.

The objection must be in writing and include the case name, Fitton v. Pinnacle Propane, LLC, Case No. 3:23cv1559, United States District Court for the Northern District of Texas, Dallas Division. Your objection must also include the following information: (i) the name of the proceedings; (ii) the Settlement Class Member’s full name, current mailing address, and telephone number; (iii) a statement that states with specificity the 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 Settlement Class, or to the entire Settlement 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; (vii) a list of all other matters in which the objecting Settlement Class Member and/or his/her attorney has lodged an objection to a class action settlement; and (viii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

In addition to filing your objection with the Court, you must also mail copies of your objection and any supporting documents to both Class Counsel and Defendant’s lawyers at the addresses listed below, postmarked no later than NOVEMBER 13, 2024:

Objecting means that you are telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself from the Class means that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object.

The Court will hold the Final Approval Hearing on December 3, 2024, at 10:00 AM at 1100 Commerce St, Dallas, TX 75242. The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award payment to the Settlement Class Representative.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted at the Settlement Website in Important Dates or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.

No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was timely filed and mailed and meets all of the requirements described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.

Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed settlement.

The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available on the Settlement Website in Important Case Documents.

YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR BY CALLING TOLL-FREE AT 1-877-410-5068 or WRITING to: 

Pinnacle Propane Data Settlement
c/o Analytics Consulting LLC
PO Box 2009
Chanhassen, MN 55317-2009

Please Do Not Call the Court, the clerk of the court, the Judge, or the Defendant with Questions about the settlement or Claims Process.