Lytle v. Revance Therapeutics, Inc.
Revance Settlement
Case No. 23C1897

Frequently Asked Questions

 

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  • This case is known as Karen Lytle v. Revance Therapeutics Inc., Case No. 23C1897, filed in the Circuit Court for Davidson County, State of Tennessee, Twentieth Judicial District. The person who sued is called the “Plaintiff” and the company they sued, Revance, is known as the “Defendant” in this case. Revance will be called “Defendant” in this website.

    Plaintiff filed a lawsuit against Defendant, individually, and on behalf of anyone whose Private Information was potentially impacted as a result of the Data Incident.

    This Lawsuit arises out of unauthorized access to Revance’s systems and certain files containing sensitive and/or personal information about Revance’s employees and customers including, but not limited to, names, addresses, dates of birth, Social Security numbers, driver’s license numbers, bank account numbers, treatment information and/or health insurance information (including health plan information) (collectively “Private Information”), and which was discovered by Revance on or about April 27, 2023  (the “Data Incident”). After learning of the Data Incident, notification was mailed to persons whose Private Information may have been impacted by the Data Incident. Subsequently, this lawsuit was filed asserting claims against Revance relating to the Data Incident. Revance denies Plaintiff’s claims and denies any wrongdoing.

  • By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representatives, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class Members. The Court did not decide in favor of the Plaintiff or Defendant.

  • You are a Settlement Class Member if you were mailed written notification by Revance Therapeutics, Inc. (“Revance”) that your Private Information was potentially compromised as a result of the Data Incident discovered by Revance in April 2023.

    The Settlement Class specifically excludes: (i) Revance, the Related Entities, and their officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; 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. The Notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Settlement Class.

  • The proposed Settlement will provide the following benefits to Settlement Class Members:

    Expense Reimbursement

    Documented Out of Pocket Expense Reimbursement (Ordinary Losses): All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible for the following documented out-of-pocket expenses, not to exceed $1,000 per Settlement Class Member, that were incurred as a result of the Data Incident: (i) unreimbursed bank fees; (ii) long distance phone charges; (iii) cell phone charges (only if charged by the minute); (iv) data charges (only if charged based on the amount of data used); (v) postage; (vi) gasoline for local travel; and (vii) fees for credit reports, credit monitoring, or other identity theft insurance products purchased by Settlement Class Members between March 15, 2023 and the Claims Deadline. To receive reimbursement for any of the above-referenced out-of-pocket expenses, Settlement Class Members must submit a valid and timely claim, including necessary supporting documentation, to the Claims Administrator.

    Lost Time Reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to three (3) hours of lost time spent dealing with the Data Incident (calculated at the rate of $25 per hour), but only if at least one (1) full hour was spent. Settlement Class Members may receive reimbursement for lost time if the Settlement Class Member (i) attests that any claimed lost time was spent responding to issues raised by the Data Incident; and (ii) provides a written description of how the claimed lost time was spent related to the Data Incident. Claims made for lost time can be combined with reimbursement for out-of-pocket expenses and are subject to the same $1,000 cap for all Settlement Class Members.

    Documented Extraordinary Loss Reimbursement: Settlement Class Members are also eligible to receive reimbursement for extraordinary losses, not to exceed $2,500 per Settlement Class Member for documented monetary loss that: (i) is actual, documented, and unreimbursed; (ii) was more likely than not caused by the Data Incident; (iii) occurred between March 15, 2023 and the Claims Deadline; and (iv) is not already covered by any of the above-referenced documented out-of-pocket expenses or lost time reimbursement categories. Settlement Class Members must also provide documentation that he or she made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

    Credit Monitoring: Settlement Class Members are also eligible to receive one year of credit monitoring, with an additional $1 million in insurance for any eligible damages. Revance will pay for the credit monitoring services separate and apart from other settlement benefits.

    Information Security Improvements: Revance will implement or maintain various data security improvements. Any costs associated with these security improvements will be paid by Revance separate and apart from other settlement benefits.

  • All claims will be reviewed by the Claims Administrator and/or a claims referee. You must file a Claim Form to get any money from the proposed Settlement. Claim Forms must be submitted online by 11:59 p.m. PT on August 28, 2024, or postmarked no later than August 28, 2024. You can download a Claim Form on the "Important Documents" page of this website, or you can call the Claims Administrator at 1-877-595-0187.  

  • Yes. The Class Representatives will receive a service award of up to $2,000, to compensate them for their services and efforts in bringing the lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.

  • If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue Revance and its Related Entities and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, principals, agents, attorneys, insurers, and reinsurers regarding the claims in this case. The Settlement Agreement, which includes all provisions about settled claims, releases, and Released Persons, is available on the "Important Documents" page of this website.

    The only way to keep the right to sue is to exclude yourself, otherwise you will be included in the Settlement Class, if the Settlement is approved, and you give up the right to sue for the claims in this case.

  • If you do not want to be included in the Settlement, you must send a timely written request for exclusion. Your request for exclusion must be individually signed by you. Your request must clearly manifest your intent to be excluded from the Settlement.

    Your written request for exclusion must be postmarked no later than July 29, 2024 to:

    Revance Settlement Administrator
    c/o JND Legal Administration
    P.O. Box 91308
    Seattle, WA 98111

    If you exclude yourself, you will not be able to receive any cash benefits from the Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit and you will keep your right to sue the Defendant on your own for the claims that this Settlement resolves.

  • No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Persons for the claims this Settlement resolves.

  • If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons about the settled claims in this case at any time.

  • Yes. The Court has appointed J. Gerard Stranch of Stranch, Jennings & Garvey PLLC (called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel will apply to the Court for an award of attorneys’ fees, costs, and litigation expenses in an amount not to exceed $145,000. A copy of Class Counsel’s Application for Attorneys’ Fees, Costs, and Expenses will be posted on the "Important Documents" page of this website before the Final Fairness Hearing. The Court will make the final decisions as to the amounts to be paid to Class Counsel, and may award less than the amount requested by Class Counsel.

  • If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you can submit an objection telling it why you do not think the Settlement should be approved. Objections must be submitted in writing and include all the following information:

    Such notice shall state:

    1. the objector’s full name, address, telephone number, and e-mail address (if any);
    2. information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident);
    3. a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable;
    4. the identity of any and all counsel representing the objector in connection with the objection;
    5. a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing;
    6. the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and
    7. a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years.

    Your Objection must include the case name and docket number, Karen Lytle v. Revance Therapeutics, Inc., Case No. 23C1897 (“the Revance Action”), and be submitted to the Clerk of the Court by First-Class mail, received no later than July 29, 2024, to:

    Joseph P. Day, Circuit Court Clerk
    Circuit Court Clerk’s Office
    P.O. Box 196303
    Nashville, TN 37219-6303

    In addition, you must mail a copy of your objection to Class Counsel and Defense Counsel, postmarked no later than July 29, 2024:

    CLASS COUNSEL

    DEFENSE COUNSEL

    J. Gerard Stranch, IV
    Stranch, Jennings & Garvey PLLC
    223 Rosa L. Parks Avenue
    Suite 200
    Nashville, TN 37203

    Casie D. Collignon
    Baker & Hostetler, LLP
    1801 California St.
    Suite 4400
    Denver, CO 80202

    If you do not submit your objection with all requirements, or if your objection is not received by July 29, 2024, you will be considered to have waived all Objections and will not be entitled to speak at the Final Fairness Hearing.

  • Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the 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.

  • The Court will hold the Final Fairness Hearing on October 24, 2024, at 1:00 p.m. at the Davidson County Historic Courthouse, 1 Public Square, Nashville, TN 37201. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this website for updated information.

    At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of Attorneys’ Fees, Costs, and Expenses to Class Counsel and the request for a service award to the Class Representatives.

  • No. You are not required to come to the Final Fairness Hearing. However, you are welcome to attend the hearing at your own expense.

    If you submit an Objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Fairness Hearing, but that is not necessary.

  • Yes. You can speak at the Final Fairness Hearing but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in Question 13, including all the information required. You cannot speak at the hearing if you exclude yourself from the Settlement.

  • If you want additional information about this lawsuit, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Class Counsel’s Application for Attorneys’ Fees and Expenses, and more, please visit the "Important Documents" tab or call 1-877-595-0187. You may also contact the Claims Administrator at Revance Settlement Administrator, c/o JND Legal Administration, P.O. Box 91308, Seattle, WA 98111, or via email at info@RevanceSettlement.com.

PLEASE DO NOT TELEPHONE OR CONTACT THE COURT, THE CLERK OF THE COURT, OR DEFENDANTS OR DEFENDANTS’ COUNSEL REGARDING THIS CASE. ALL QUESTIONS SHOULD BE DIRECTED TO THE SETTLEMENT CLAIMS ADMINISTRATOR OR CLASS COUNSEL

For More Information

Visit this website often to get the most up-to-date information.

Mail
Revance Settlement Administrator
c/o JND Legal Administration
P.O. Box 91308
Seattle, WA 98111