Frequently Asked Questions

The Court authorized this Settlement Website to inform you about a proposed Settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment, identity-theft protection and credit monitoring as part of the Settlement. This Website explains the Litigation, the Settlement, and your legal rights.

The Hon. W. Russell Bowie III of the District Court of Douglas County, Nebraska is overseeing this class action. The case is called Eric Skinner v. United of Omaha Life Ins. Co., Case No. D01CI2400006396. 

Eric Skinner, Kerry Dobson, Ernestine Thompson, and Jawaun Viverette are the Representative Plaintiffs or Settlement Class Representatives. The company they sued, Omaha, is the Defendant.
 

A class action is a lawsuit in which one or more plaintiffs—in this case, Eric Skinner, Kerry Dobson, Ernestine Thompson, and Jawaun Viverette—sue on behalf of a group of people who have similar claims.  Together, this group is called a “Settlement Class” and consists of “Settlement Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes.

The Plaintiffs claim that Defendant experienced a targeted cyber-attack that allowed access to Defendant’s computer systems and data, which resulted in the compromise of personal identifiable information and/or protected health information belonging to its clients’ current and former employees. 

Defendant denies that it is or can be held liable for the claims made in the Litigation. More information about the complaint in the Litigation and Defendant’s responses can be found in the Documents section of this Settlement Website. 
 

The Court has not decided whether the Plaintiffs or Defendant should win this case. Instead, both sides agreed to this Settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class Members will get compensation now rather than years later—if ever. The Representative Plaintiffs and Plaintiffs’ Counsel, attorneys for the Settlement Class Members, agree the Settlement is in the best interests of the Settlement Class Members. The Settlement is not an admission of wrongdoing by Defendant.

You are part of the Settlement as a Settlement Class Member if your personal information may have been compromised in the Data Incident suffered by Omaha between April 21 and April 23, 2024. Eligible Settlement Class Members will be mailed notice of their eligibility and Settlement Class membership will be verified against that mailed list. If you are still not sure whether you are included, you can contact the Claims Administrator, Kroll Settlement Administration LLC, by calling toll-free at (833) 876-1205 or by visiting the Contact Us section of this Settlement Website.

This Settlement Class does not include: (i) Omaha and Omaha’s parents, subsidiaries, affiliates and any entity in which Omaha has a controlling interest; (ii) all individuals who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) the attorneys representing the Settling Parties in the Litigation; (iv) all judges assigned to hear any aspect of the Litigation, as well as their immediate family members; and (v) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident, or who pleads nolo contendere to any such charge.

This Settlement provides reimbursement for the following documented out-of-pocket losses and lost time, if not already reimbursed through any other source and caused by the Data Incident, not to exceed one thousand five hundred dollars ($1,500) per Settlement Class Member: (i) unreimbursed documented bank fees; (ii) unreimbursed long distance phone charges; (iii) unreimbursed cell phone call charges (only if charged by the minute) and data charges (only if charged based on amount of data used); (iv) postage; (v) gasoline for local travel; (vi) fees for credit reports, credit monitoring, or other identity theft insurance product purchased between April 21, 2024 and the date of the close of the Claims Period; and (vii) compensation for attested-to unreimbursed lost time spent reasonably responding to the Data Security Incident, at the rate of twenty dollars ($20) per hour for up to four (4) hours. Settlement Class Member must attest on the Claim Form to the time spent. No documentation other than a verified description of their actions shall be required for members of the Settlement Class to receive compensation for attested time. The total of all amounts recovered under this shall not exceed $1,500 per Settlement Class Member.

Alternatively, Class Members will be eligible for an Alternative Cash Payment of fifty dollars ($50) if they choose not to make claims for the Compensation of Out-of-Pocket Losses or Reimbursement for Lost Time.

Settlement Class Members are eligible to receive two (2) years of identity-theft protection and credit monitoring services, which includes credit monitoring and alerts from at least one major credit reporting agency. This is in addition to the credit monitoring services previously offered to individuals who were notified of the Data Incident. Settlement Class Members must affirmatively request identity-theft protection services by indicating such request on the Claim Form, and codes will be sent either to an e-mail address provided by the Settlement Class Members or, if they do not have an e-mail address, mailed to the address provided on the Claim Form. Protection and monitoring provided shall include, at a minimum:

1. Credit monitoring from one of the major credit reporting agencies, such as Equifax, Experian, and TransUnion.
2. Identity restoration and recovery services.
3. $1,000,000 in identity theft insurance with no deductible.
    

Settlement Class Members can enroll for these identity protection and credit monitoring services whether or not they are eligible for a monetary recovery under this Settlement.

To qualify for a Settlement benefit, you must complete and submit a Claim Form. Settlement Class Members who want to submit a Claim must fill out and submit a Claim Form online using this website, or by USPS mail. Claim Forms are only available through this Settlement Website.
Claims will be subject to a verification process. You will need the Class Member ID provided on the front of your Short Notice to fill out a Claim Form. All Claim Forms must be received online or postmarked on or before May 29, 2025.
 

The hearing to consider the fairness of the Settlement is scheduled for June 25, 2025, at 9am. If the Court approves the Settlement, eligible Settlement Class Members whose Claims were approved by the Claims Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible claims will be paid to Settlement Class Members electronically unless a Settlement Class Member chooses to receive payment by written check. All checks will expire and become void 90 days after they are issued. If a check becomes void, the Settlement Class Member shall have six months after the Initial Payment Date to request re-issuance. 

Yes, the Court has appointed M. Anderson Berry of Clayeo C. Arnold, A Professional Corp.; Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC; and Tyler J. Bean of Siri & Glimstad LLP as “Settlement Class Counsel” to represent the Settlement Class. 

Should I get my own lawyer?

You don’t need to hire your own lawyer because Plaintiffs’ Counsel is working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you, at your own cost, if you want someone other than Plaintiffs’ Counsel to represent you.
 

Plaintiffs’ Counsel has agreed to request, and Omaha has agreed to pay, subject to Court approval, the amount of three-hundred thousand dollars ($300,000) to Plaintiffs’ Counsel for attorneys’ fees and costs and expenses. Plaintiffs’ Counsel, in their sole discretion, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by the Court among Plaintiffs’ Counsel. The Defendant shall pay the Court-approved amount of attorneys’ fees, costs, expenses and service awards to Representative Plaintiffs to an account established by Plaintiffs’ Counsel within 14 days after the entry of an order of Final Approval (the “Initial Payment Date”), regardless of any appeal that may be filed or taken by and Settlement Class Member or third party. 

Plaintiffs’ Counsel will also request Service Award Payments of up to one-thousand five-hundred dollars ($1,500) for the Plaintiff Representatives. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Plaintiffs’ Counsel and the proper amount of any service award to the Plaintiff Representatives. The Court may award less than the amounts requested. Whether the Settlement will be finally approved does not depend on whether or how much the Court awards in attorneys’ fees, costs, and expenses or service awards. 
 

If you do not exclude yourself from the Settlement, you will not be able to sue the Defendant or certain entities related to Defendant about the issues in this case, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included release. The release releases:

Defendant and related persons and entities from any and all claims and causes of action pleaded or that could have been pleaded, known or unknown, reasonably related to the Data Security Incident as alleged in the Class Action Complaint filed in this action.

This is true regardless of whether you submit a Claim Form. You can read the Settlement Agreement in the Documents section of this Settlement Website. However, you may exclude yourself from the Settlement (see Question 14). If you exclude yourself from the Settlement, you will not be bound by any of the terms of the Settlement.
 

If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Incident. You will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant or certain entities related to the Defendants for the claims or legal issues resolved in this Settlement.

If you exclude yourself from the Settlement, you will receive no benefits or payment under the Settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s judgments related to the Settlement Class and Defendant in this class action.

You can ask to be excluded from the Settlement. To do so, you must individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administrator. Specifically, you must mail your exclusion request, postmarked no later than April 29, 2025, to the following address:

Omaha Data Incident Litigation
c/o Kroll Settlement Administration LLC 
P.O. Box 5324
New York, NY 10150-5324

The written notice must clearly manifest a Person’s intent to opt-out of the Settlement Class. You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.
 

No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this Settlement even if you do nothing.

No. If you exclude yourself, do not submit a Claim Form to ask for a payment.

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not agree with any part of it. You can give reasons why you think the Court should deny approval of the Settlement by filing an objection. The objection may be in writing unless you personally appear and orally state your objection at the Final Approval Hearing. All written objections must include (i) the objector’s full name and address; (ii) the case name and docket number – Eric Skinner v. United of Omaha Life Insurance Company, Case No. D01CI240006396 (Douglas County, Neb.); (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a Settlement Class Member (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes he or she is a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of any and all counsel representing the objector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; and (vii) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection. 

To be timely, written notice of an objection in the appropriate form must mailed, with a postmark date no later than April 29, 2025, to Plaintiffs’ Counsel and to Omaha’s counsel as set forth below.  For all objections mailed to Plaintiffs’ Counsel and counsel for Omaha, Plaintiffs’ Counsel will file them with the Court with the Motion for Final Approval of the Settlement:

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class 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 case no longer affects you.

The Court will hold the Final Approval Hearing on June 25, 2025, at 9 a.m. at the Douglas County Hall of Justice, Courtroom 412, 1701 Farnam Street, Omaha, Nebraska 68183. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Plaintiffs’ Counsel for attorneys’ fees, costs, and expenses and the Service Award Payments to the Settlement Class Representatives.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this website, or through the Court’s publicly available docket. You should check this Settlement Website to confirm the date and time have not been changed.
 

No. Plaintiffs’ Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.

Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement.  

You may contact the Claims Administrator via the Contact Us section of this website, by calling toll-free at (833) 876-1205, or by writing to:

Omaha Data Incident Litigation
c/o Kroll Settlement Administration LLC 
P.O. Box 5324
New York, NY 10150-5324