TJXSettlement - Frequently Asked Questions

www.TJXsettlement.com
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
The TJX Companies, Inc. and Fifth Third Bancorp, Case No. 07-10162

Settlement Documents

Important Dates

Frequently Asked Questions

What is this lawsuit about?
Why is there a proposed settlement?
How do I know if I am part of the settlement?
Am I included if I already got a letter from TJX about this issue?
What if I am not sure whether I am included in the settlement?
What does the settlement provide?
What can I get if I returned something without a receipt?
What can I get if I used a credit card, debit card, or check at a TJX store?
What is the special event?
When will I get my benefits?
How do I get out of the settlement?
If I exclude myself, can I get anything from this settlement?
Do I have a lawyer in the case?
How will the lawyers be paid?
How do I tell the Court if I do not like the settlement?
When and where will the Court decide whether to approve the settlement?
How do I get more information about the proposed settlement?

1. What is this lawsuit about?

The lawsuit challenges TJX’s practices regarding the prior retention of customers’ personal information on its computer system. Plaintiffs claim that Defendants failed to adequately safeguard that system and, as a result, unauthorized people gained access to customers’ personal and financial information. Specifically, Plaintiffs allege that TJX failed to maintain adequate security for credit and debit card information, check transaction information, and driver’s license or government identification information. According to Plaintiffs, TJX’s inadequate security measures and Fifth Third’s inadequate monitoring of TJX allowed unauthorized people to access and steal this information to commit fraud and identity theft.

The Defendants deny all of Plaintiffs’ claims, including denying that TJX adequately failed to safeguard its computer system, and say that they did nothing wrong. Specifically, Defendants disagree with the allegations and say that they have many defenses, that they are not liable to Plaintiffs, and that Plaintiffs are not entitled to any money or benefits from this litigation.

2. Why is there a proposed settlement?

The Court did not decide in favor of Plaintiffs or the Defendants. Instead, both sides agreed to settle this case to avoid the cost and risk of a trial. The proposed settlement does not mean that any law was violated or that the Defendants did anything wrong. The Defendants deny all legal claims in this case. The Class Representatives and their lawyers think the proposed settlement is best for all Settlement Class Members.

To see if you will be affected by this proposed settlement or if you will get money or other benefits from the proposed settlement, you first have to determine if you are a Settlement Class Member.

3. How do I know if I am part of the settlement?

The Court decided that the Settlement Class includes anyone in the United States (including the District of Columbia), Puerto Rico or Canada who made a purchase or return at T.J. Maxx, Marshalls, T.J. Maxx ‘n More, Marshalls MegaStore, The Maxx, HomeGoods, A.J. Wright, Winners, or HomeSense, had or alleges having personal or financial data stolen or placed at risk of being stolen from TJX’s computer system, and who were or may be damaged or who allege they were damaged from this intrusion(s). This includes, among others, individuals who made returns without a receipt and have been previously notified by TJX that their names, addresses and drivers’ license or military, state or tax identification numbers were compromised.

TJX, Fifth Third, and each of their officers and directors are not included in the Settlement Class.

4. Am I included if I already got a letter from TJX about this issue?

Yes. You are eligible to receive additional benefits. Please see Question 6 below.

5. What if I am not sure whether I am included in the settlement?

If you are not sure whether you are in the Settlement Class, or have any other questions about the proposed settlement, call the toll free number, 1-866-523-6770. You also may write with questions to TJX Settlement, PO Box 3775, Portland, OR 97208-3775.

6. What does the settlement provide?

The settlement provides vouchers, cash benefits (checks-in-lieu), credit monitoring, identity theft insurance, and reimbursements to those affected by the computer system intrusion(s). This includes: (1) people who returned merchandise without a receipt and were previously sent letters by TJX notifying them that their driver’s license or other identification information was compromised and (2) those who used a credit card, debit card, or check at any of the TJX stores in the U.S., Canada or Puerto Rico during December 31, 2002 through September 2, 2003 or May 15, 2006 through December 18, 2006 and incurred certain costs related to the intrusion.

TJX will also hold a future, one-time, special event reducing prices 15% at T.J. Maxx, Marshalls, T. J. Maxx ‘n More, Marshalls MegaStore, HomeGoods, A.J. Wright, Winners and HomeSense stores for one day. Additionally, TJX has taken steps to enhance the security of its computer system.

For further information, click here to review the Settlement Agreement and notices.

7. What can I get if I returned something without a receipt?

Settlement Class Members who returned merchandise without a receipt and were previously sent letters by TJX notifying them that their drivers’ license or other identification information were compromised will be offered: three years of credit monitoring and identity theft insurance coverage; reimbursement for the replacement cost of obtaining a new driver’s license; and reimbursement for certain losses from identity theft if their driver’s license or other identification number was the same as their social security number.

7a. Tell me more about credit monitoring and identity theft insurance.

If you were sent a letter notifying you that your driver’s license or other identification information was compromised, you can get credit monitoring from Equifax’s “Credit Watch™Gold with 3-in-1 Credit Monitoring” service, for three years. This includes $20,000 in identity theft insurance, running from the date of subscription. For eligible individuals who reside in New York or Canada, a similar form of credit monitoring and insurance will be available. If you are eligible for this benefit you have been sent a letter by the Notice Administrator, dated February 29, 2008, that provides details about how to sign-up for the credit monitoring and identity theft insurance. The deadline to sign-up for credit monitoring and identity theft insurance is May 29, 2008.

If you reside in New York or Canada, call 1-866-523-6760 and speak with a representative who will be able to provide further information on how to sign up for the credit monitoring and insurance options available to you.

If you reside in the U.S. or Puerto Rico, you can sign up for credit monitoring using the code included in your letter by contacting Equifax at 1-866-937-8432, or by visiting their website: www.myservices.equifax.com/tri.

If you signed up for a previous TJX offer of credit monitoring services from Equifax, TJX has extended your enrollment in these credit monitoring services, free of charge, for two additional years. This includes $20,000 in identity theft insurance, except in New York. If you reside in New York, you must call 1-866-523-6760 for the insurance options available to you by May 29, 2008. If for any reason you do not want this two-year extension of your enrollment with Equifax, please contact Equifax at 1-866-493-9798.

7b. Tell me more about reimbursement for replacing my driver’s license.

If you were sent a letter notifying you that your driver’s license or other identification information was compromised, you can get reimbursed if you replaced your driver’s license between January 17, 2007 and June 30, 2007. However, reimbursement is only offered if the driver’s license was replaced because your personal information was compromised by the intrusion(s). The deadline to request reimbursement for replacing your driver’s license is May 29, 2008. Click here to download a copy of the Claim Form for Driver’s License Replacement Cost.

7c. Tell me more about reimbursement for identity theft.

If you were sent a letter notifying you that your driver’s license or other identification information was compromised and it is the same as your social security number, you can get compensated for any unreimbursed loss of more than $60 from identity theft that occurred between January 17, 2007 and April 12, 2008. You cannot be reimbursed for credit/debit card charges. This benefit is not available to anyone who already signed up for the one year of credit monitoring services previously offered by TJX. If the total amount needed to pay valid claims exceeds $1,000,000, each Settlement Class Member’s identity theft payment will be reduced and paid in proportion to all Settlement Class Members’ identity theft payments. Individual payments will also be reduced by the amount of any vouchers or checks you may receive (see Question 8 below). The deadline to request reimbursement for identity theft is no later than six months after the settlement becomes final. Please continue to check this site or call 1-866-523-6770 to confirm the deadline. Click here to download a copy of the Claim Form for Identity Theft Unreimbursed Loss.

There is a process in the settlement to resolve disagreements between you and TJX over whether you are eligible and how much money you should be reimbursed for identity theft. Please refer to the claim form for further detail. The Settlement Agreement, available by clicking here, also provides more information.

8. What can I get if I used a credit card, debit card, or check at a TJX store?

Settlement Class Members who used a credit card, debit card, or check at any of the TJX stores during December 31, 2002 through September 2, 2003 or May 15, 2006 through December 18, 2006 and incurred certain costs related to the intrusion can get one or two voucher(s) for merchandise credit to use at a T.J. Maxx, Marshalls, T.J. Maxx ’n More, Marshalls MegaStore, HomeGoods, A.J. Wright, Winners or HomeSense store, as described below. The number of vouchers you can receive depends on whether you have proof that you shopped at a TJX store and had out-of-pocket expenses and/or lost time:

If you have documentation that shows you shopped at a TJX store during the time periods noted above and that you had out-of-pocket expenses greater than $5 you are eligible to receive up to two vouchers (worth $30 each) or checks up to $15 each (up to $30 in total by check). If the total amount needed to pay valid claims for Settlement Class Members choosing to receive a check exceeds $7,000,000, each Settlement Class Member’s payment will be reduced proportionally. There is no limitation on the amount of vouchers that will be given to eligible Settlement Class Members with documentation.
If you do not have any documentation you are eligible to receive one voucher worth up to $30 or a check worth up to $15. If the total amount of valid claims for Settlement Class Members who have no documentation exceeds $10,000,000, each Settlement Class Member’s voucher or payment will be reduced proportionally. Each valid request for a voucher or payment will be treated as a $30 charge against the total.

The deadline to request a voucher(s) or payment is October 13, 2008. Only one request for a voucher or payment is allowed per household. Each voucher is valid for one year from the date of issue. Vouchers will have no restrictions on transferability and will be freely stackable (i.e., multiple vouchers can be combined on a single transaction). If you submit a claim for a voucher, you may also submit a claim for any other benefit or reimbursement available to you under the settlement.

9. What is the special event?

TJX will hold a future, one-day special event in which prices on all merchandise in all T.J. Maxx, Marshalls, T.J. Maxx ‘n More, Marshalls MegaStore, HomeGoods, A.J. Wright, Winners or HomeSense stores, company-wide, will be reduced by 15% for one day. This 15% price reduction will be applied at the check-out register and will be in addition to all other discounts, if any, and available to all customers (other than TJX employees) making purchases on that day. The special event has not yet been scheduled. TJX will advertise the special event close in time to the day on which it will occur.

10. When will I get my benefits?

The vouchers, payments, and reimbursements will be mailed to eligible Settlement Class Members who send in a valid claim form on time, after the Court grants “final approval” of the settlement and after any appeals are resolved. If the Court approves the settlement after a hearing on July 15, 2008 (see Question 16 below), there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time. Please be patient.

11. How do I get out of the settlement?

To exclude yourself from the proposed settlement, you must send a letter or other written document by mail saying that you want to be excluded from In re TJX Companies Retail Security Breach Litigation. Be sure to include the case number (No. 07-10162, MDL No. 1838), your full name, address, signature, and date. You must mail your request for exclusion postmarked by June 24, 2008 to:

TJX Exclusions
PO Box 3775
Portland, OR 97208-3775

You cannot ask to be excluded on the phone, by email, or on this website.

12. If I exclude myself, can I get anything from this settlement?

If you do not want to participate in this proposed settlement and you want to keep the right to sue the Defendants about the legal issues in this case, then you must take steps to get out of the proposed settlement. This is called asking to be excluded from—or sometimes called “opting out” of—the Settlement Class.

If you exclude yourself, you may not apply for any benefits under the proposed settlement and you cannot object to the proposed settlement. If you ask to be excluded, however, you may sue or be part of a different lawsuit against Defendants in the future. You will not be bound by anything that happens in this lawsuit.

13. Do I have a lawyer in the case?

The Court appointed (in alphabetical order) Ben Barnow, Barnow and Associates, P.C. of Chicago, Illinois; Lester L. Levy, Wolf Popper LLP of New York, New York; and Sherrie R. Savett, Berger & Montague, P.C. of Philadelphia, Pennsylvania as “Settlement Class Co-Lead Counsel” to represent you and other Settlement Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

14. How will the lawyers be paid?

TJX has agreed to benefit the Settlement Class further by being responsible for and paying Plaintiffs’ attorneys’ fees in the amount of $6,500,000, and costs and expenses up to the amount of $150,000, which will be allocated among Settlement Class Co-Lead Counsel and additional Plaintiffs’ Counsel. The Court may award less than these amounts. The payment of attorneys’ fees and reimbursement of costs and expenses awarded by the Court are in addition to all of the other benefits under the settlement and will not diminish the benefits provided by this settlement to the Settlement Class Members.

15. How do I tell the Court if I do not like the settlement?

If you disagree with any aspect of the proposed settlement, you may express your views to the Court through a written response to the proposed settlement. The Court will consider your views. You must object to the proposed settlement in writing. In your written objection, be sure to include the following information:

the name and title of the lawsuit, In re TJX Companies Retail Security Breach Litigation, Civil Action No. 07-10162, MDL No. 1838;
your full name, address, and signature;
information showing that you are a Settlement Class Member, including: (a) proof (e.g., a sales slip, credit or debit statement, or cancelled check) that you made a purchase or a return at T.J. Maxx, Marshalls, T.J. Maxx ‘n More, Marshalls MegaStore, The Maxx, HomeGoods, A.J. Wright, Winners or HomeSense store, or a statement, in as much detail as you remember, about the specific purchase or return you made, the price of the goods, the approximate date of the transaction, and the place of the transaction, and (b) documentation supporting any allegation of damage to you.

Your written objection also should include the reasons why you object to the proposed settlement, and any documentation supporting your objection, as well as a statement of whether you intend to appear at the Fairness Hearing (see Question 16 below). Send copies of any objection to the Court, one of the Settlement Class Counsel, and both of the Defendants’ Counsel listed below, postmarked no later than June 24, 2008.

COURT	SETTLEMENT CLASS COUNSEL	DEFENDANTS’ COUNSEL
Clerk of the Court United States District Court for the District of Massachusetts John Joseph Moakley U.S. Courthouse 1 Courthouse Way Boston, MA 02210	Ben Barnow, Esq. Barnow and Associates, P.C. One North La Salle Street Suite 4600 Chicago, IL 60602 -OR- Lester L. Levy, Esq. Wolf Popper. LLP 845 Third Avenue New York, NY 10022 -OR- Sherrie R. Savett, Esq. Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103	Harvey J. Wolkoff, Esq. Ropes & Gray, LLP One International Place Boston, MA 02110 -AND- W. Breck Weigel, Esq. Vorys Sater Seymour & Pease, LLP Atrium Two, Suite 2000 221 East Fourth Street Cincinnati, OH 45202

16. When and where will the Court decide whether to approve the settlement?

The Court will hold a Fairness Hearing at 2:00 on July 15, 2008, at the United States District Court for the District of Massachusetts, Court Room No. 18, 1 Courthouse Way, Boston, Massachusetts. At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court also will consider Settlement Class Counsel’s request for attorneys’ fees, costs, and expenses. If there are objections, the Court will consider them. After the Fairness Hearing, the Court will decide whether to approve the proposed settlement and how much to award to Settlement Class Counsel as fees, costs, and expenses.

The Fairness Hearing may be moved to a different date without additional notice so it is recommended that you periodically check this website for updated information.

17. How do I get more information about the proposed settlement?

This website summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by clicking here. You also may write with questions to TJX Settlement, PO Box 3775, Portland, OR 97208-3775, or may call the toll free number, 1-866-523-6770.