Grogan v. McGrath RentCorp

UPDATE: The Court will hold a Final Approval Hearing at 10:00 a.m. PT, on February 2, 2024 via a Zoom webinar. You may access the webinar information at https://www.cand.uscourts.gov/judges/tse-alex-g-agt/. Please check this website for updates.

Notice of Class Action and Proposed Settlement

You may be entitled to receive benefits under this class action Settlement.

This website summarizes the proposed Settlement reached in an Action entitled Grogan v. McGrath RentCorp, Case No. 3:22-cv-00490 in the United States District Court for the Northern District of California. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available in the Documents section of this website, by contacting the Settlement Administrator at (833) 630-5629. Contact information for Settlement Class Counsel Turke & Strauss LLP is: 613 Williamson St #201, Madison, WI 53703, (608) 237-1775. You may also access the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Ave., Courtroom A – 15th Floor, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

This website may affect your rights – please read it carefully.

A federal court authorized this website. This is not a solicitation from a lawyer.

• The Action alleges that as the result of a cyberattack by an unauthorized third party to certain computer systems of McGrath RentCorp (“McGrath”), personal information and protected health information stored by McGrath, including names, Social Security Numbers, dates of birth, Social Security or individual tax information and other information may have been compromised in or around 2021 (the “Incident”). McGrath maintains that it has meritorious defenses, and it was prepared to vigorously defend the Action but encourages all persons who qualify as members of the Settlement Class to participate in the Settlement.  The Settlement is not an admission of wrongdoing or an indication that McGrath has violated any laws.
• If your information was potentially compromised in the Incident, you are a Settlement Class Member.
• All Settlement Class Members shall have the option to sign-up for one year of free credit monitoring,
• Any Settlement Class Member may submit a Reimbursement Claim for documented Economic Losses related to the Incident that have not been reimbursed by other third parties, up to an aggregate total of $5,000 per Settlement Class Member. Economic Losses shall be deemed fairly traceable to the Data Incident if (i) the alleged wrongdoing occurred in 2021 or thereafter, (ii) the Settlement Class Member executes a statement signed under penalty of perjury indicating that the Economic Losses claimed are fairly traceable to the Incident, (iii) the alleged wrongdoing involved misuse of the type of personal information inadvertently disclosed in the Incident (i.e., name, address, Social Security Number, date of birth, medical treatment information, health insurance information, etc.), and (iv) the Settlement Administrator determines by a preponderance of evidence that it is fairly traceable to the Incident.
• Any Settlement Class Member may submit a Non-Economic Loss Claim fairly traceable to the Incident, currently estimated to be $500 per Settlement Class Member based on Settlement Class Counsel’s estimates.

• These rights and options—and the deadlines to exercise them—are explained in this website.
• The Court still must decide whether to approve the Settlement. No benefits will be provided, or payments made until after the Court grants final approval of the Settlement and all appeals, if any, are resolved.