A Settlement has been reached in a class action lawsuit concerning Harrington Raceway, Inc. ("Defendant" or "Harrington") and a data incident ( the "Data Incident") that occurred in December 2022, when one or more unauthorized individuals accessed information on a database belonging to Harrington, including names and Social Security numbers ("Private Information").
The lawsuit is called Hoyle v. Harrington Raceway, Inc, Case No. 1:23-00420-MN (D. Del.). The lawsuit asserts claims related to the Data Incident. The Defendant in the lawsuit is Harrington Raceway, Inc. Harrington Raceway denies it is or can be held liable for the claims made in the lawsuit. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.
Members of the Class are all individuals to whom Harrington sent notice of the Data Incident that occurred in December 2022. The Class specifically excludes: (i) all Persons who timely and validly request exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this settlement (including any members of the Court's staff assigned to this case); (iii) Defendant's officers and directors, and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
Class Members are eligible to receive the following relief: (1) up to $1,000.00 in reimbursement for Out-of-Pocket Losses consisting of actual documented losses or expenses resulting from the Data Incident, and (2) a $50.00 cash payment that will be pro rata reduced or increased based on the money remaining in the Settlement Fund after the payment of attorneys' fees and expenses, Settlement Administration expenses, Class Representative Service Award, and valid claims for Out-of-Pocket Losses. Valid Claims for Out-of-Pocket Losses and pro rata cash payments may be combined. The Settlement Administrator will post additional information about the payment amount on www.HarringtonDataSettlement.com. For complete details, please see the Settlement Agreement, whose terms control, available for download on the Important Documents page.
Your legal rights are affected regardless of whether you act or do not act. Please read the Notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
SUBMIT A CLAIM FORM | This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form is March 4, 2024. |
EXCLUDE YOURSELF FROM THE SETTLEMENT | You will receive no payment, but you will retain any rights you currently have with respect to Defendant and the issues in this case. See Question 14 of this Notice for more information on how to exclude yourself. The deadline to exclude yourself from the Settlement is February 19, 2024. |
OBJECT TO THE SETTLEMENT | Write to the Court explaining why you do not agree with the Settlement. The deadline to object is February 19, 2024. |
ATTEND THE FINAL APPROVAL HEARING | You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on April 25, 2024 at 10:00 a.m. |
DO NOTHING | You get no payment and you give up rights. |
The Court in charge of this case still has to decide whether to approve the Settlement. No Settlement benefits or payments will be provided unless the Cami approves the Settlement, and it becomes Final.
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