Zucchero v. Heirloom Roses, Inc.

Settlement payments to qualified claimants were issued on August 23, 2024.



If you were notified of a Data Security Incident involving Heirloom Roses, Inc., you may be entitled to benefits from a settlement.


What is this lawsuit about?

The lawsuit is a proposed class action lawsuit brought on behalf of certain Heirloom customers whose information may have been accessed and exfiltrated by unauthorized individuals as part of the Data Security Incident. The affected information may include names and payment card information.

The Lawsuit claims Heirloom is legally responsible for the Data Security Incident and asserts legal claims, including negligence and breach of contract. Heirloom denies these claims and denies it did anything wrong.


How do I know if I am in the Settlement Class?

The Settlement Class is defined by the Court as all individuals within the United States whose name and payment card information was potentially exposed to unauthorized third-parties as a result of the Data Security Incident that occurred between approximately February to October of 2021. Excluded from the Settlement Class is any judge presiding over the Litigation and any members of their first-degree relatives, judicial staff and/or persons who timely and validly request exclusion from the Settlement Class.


What Does the Settlement Provide?

Under the terms of the settlement, if Settlement Class Members experienced unreimbursed, unauthorized or fraudulent charges or out of pocket expenses which they believe in good faith were fairly traceable to the Data Security Incident, They may file a claim for a Reimbursement Award of up to $200. As part of the $200 reimbursement, if Settlement Class Members spent time researching the Data Security Incident or attempting to ensure the security of their information, they may file a claim for a Reimbursement Award for up to 2 hours of time spent at $20 per hour.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT


SUBMIT A CLAIM FORM BY MARCH 21, 2024
You must submit a valid claim form to receive a payment from this Settlement.
DO NOTHING
You will receive no payment and will no longer be able to sue Defendant over the claims resolved in the settlement.
EXCLUDE YOURSELF FROM THE SETTLEMENT BY FEBRUARY 13, 2024
You may exclude yourself from this settlement and keep your right to sue separately. If you exclude yourself, you receive no payment. Exclusion instructions are provided in the notice.
OBJECT TO THE SETTLEMENT BY FEBRUARY 13, 2024
If you do not exclude yourself, you may write to the Court to comment on or detail why you do not like the settlement by following the instructions in this Notice. The Court may reject your objection. You must still file a claim if you desire any monetary relief under the settlement.