Are you one of the 694,000 and counting victims of the data breach by Morley Companies Inc., during the summer of 2021? The company, based out of Saginaw County, MI, is one of that county’s largest employers.
Morley Company supplies business process outsourcing supplies, including business displays, incentives, and exhibits, as well as services like marketing and sales support and customer help desks.
The company was itself a victim of a disruptive cyber event since classified as a “ransomware attack” that left clients’ personally identifiable information compromised by hackers, including their:
- Social Security numbers
- Dates of birth
- Private medical and health information
- Drivers’ license numbers
Some of those affected include business clients and both former and present employees.
Window Closing for Filing a Claim
If your private information was exposed in this data breach, you only have until March 20, 2023, to join the class action lawsuit against Morley Companies.
The class action complaint alleges the company was remiss in its duty to responsibly monitor its systems, thus leaving it vulnerable to just such a cyberattack. It also stands accused of storing this personal information “in a reckless and negligent manner.”
Claims Require Proof
Those in the settlement class were already notified of the breach (although the class action lawsuit also accuses Morley of dragging its feet on notifying those affected). Claimants must submit supporting documentation like voided checks, receipts, bank statements, or detailed narrative descriptions of your losses and the amounts.
While Morley Companies ultimately agreed to settle the class action lawsuit to mitigate their litigation expenses and risks, they have denied any wrongdoing in the cyberbreach incident.
Why You Should Hold Companies Liable for Data Breaches
Your data has high value – to you, to the companies for which you work and with which you choose to do business. But it also carries a high price tag on the Dark Web, where bad actors can access it for a price and ruin your credit.
Once your information is exposed in such a data breach, you could find it impossible to buy a home or vehicle or even rent a house or apartment.
Data breaches can be life-altering events that cost you opportunities, time, and money to repair the effects. Those persons or corporations that treated your personally identifiable data so cavalierly should bear the responsibility of fixing the damage their negligence caused and compensate you for your losses and damages.
Are Class Action Lawsuits the Only Way to Hold Companies Accountable?
No. In fact, they are the exception rather than the rule when it comes to filing petitions for damages against individuals and/or corporations. Class action cases must meet very specific requirements to attain that status, and most litigation simply does not meet those specifications.
But there are additional paths to pursue civil justice after you have been wronged.
Consider Your Legal Options
You should know that the process of filing a lawsuit against a company can be complicated and time-consuming. Consider consulting with a lawyer who is experienced in these types to cases. Your lawyer can help determine if you have a strong case and make sure your rights are protected.
If the situation seems to be a bit smaller than hiring an attorney and filing a civil suit, you can consider small claims court. The benefit of small claims court is that lawyers aren’t required. This makes small claims less intimidating and more affordable for most Americans
With Dispute software, you can start your small claims case by generating, signing, and mailing a demand letter and small claims filing in minutes from your phone or computer. Keep reading below for more info on how to move forward.
Write a Demand Letter
A demand letter is a formal letter asking for payment. Strongly worded demand letters on professional letterhead have a better chance of reaching a settlement out of court than regular letters. At Dispute, you can generate a demand letter in minutes.
- On the top, in the address block, put in the company name and address. You can find the registered agent at the bottom of this page.
- Next, put the subject line as 'Re: Demand for Payment'
- In one sentence, tell them how much the other party owes you which you will claim in your small claims lawsuit.
- Then, in two to three sentences describe your issue.
- Finally, state in plain language that you will go to small claims court if necessary. Don't say that you will do anything else, such as speaking poorly about them.
- On the bottom, include your name and address
How to Send a Demand Letter
After you write the demand letter, you’ll want to send it to their registered agent so that it’s guaranteed to go to the legal department. Make sure that you get a tracking number for the mail you send them. It can become important evidence in your case.
Demand letters are often mailed. But if you don’t have time to find a printer, buy an envelope, and visit a post office, we can mail it for you. Send your demand letter with just a click from the comfort of your home with Dispute.
Start your Small Claims Forms
If the dealership does not pay you after receiving the demand letter, you can file a small claim to win your money back. Although this may sound complicated, small claims is actually less complicated than regular court. There are some county guidelines you’ll have to follow, but filing with Dispute can make it easier on you.
You’ll need to find and prepare your small claims form based on where you decide to sue. Usually, people sue where the defendant lives or does business.
Then, wherever you decide to sue, look up the county's small claims system. They’ll provide details on their website about what small claims forms are necessary. You can read more about the small claims process here.
Serve your Small Claims Paperwork
One of the last steps before your trial will be to physically give the small claims paperwork to the defendant. This is called “serving” the defendant. You can’t serve the defendant yourself, but you can find someone else to do it. Many people hire professional process servers. There are legal guidelines that you must follow so that your case can go to court.
Defendants may sometimes avoid service. In order to keep your court date, you should hire a professional process server so that you can be sure all legal guidelines are appropriately followed.
Attend your Small Claims Trial
On the date of your small claims trial, be sure to arrive early and well prepared. Bring at least three copies of all evidence you intend to present, and if your hearing is remote be sure to have provided copies in advance to the other party and to the court. Failure to follow the strict local guidelines can result in your case being dismissed, but if you’ve followed the rules then you can often win by default when the other party doesn’t show up.
How Much it Costs
So how much will you spend by suing in small claims court?
- Court Filing Fees: The amount you will pay to file a small claims lawsuit depends on how much you are suing for and where you are suing. You can expect to pay between $30 to $400 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.
- Serving Costs: Once the lawsuit is filed, you must notify the defendant that you have sued them. This is called "serving." Serving Costs can range from $20-100 depending upon the local area.
Remember, if you win, you can request that the other party pay for your court fees and serving costs.
The Benefits of Small Claims Court
- Court filing fees are cheaper in small claims than in other courts.
- The process is faster in small claims than in other courts, as your hearing will usually be scheduled 30-70 days after you file the lawsuit.
- Lawyers are generally not allowed in small claims, which helps keep the costs of suing low.
Taking the First Step in Your Lawsuit
If all of this work seems complicated or daunting, rest assured that it's easier than it initially seems. 2.7 million small claims court cases are filed annually in the US, which is only growing as more people realize how easy it is to enforce their legal rights in court.
Suing can be a complex and challenging process. It's essential to gather evidence and understand the legal process. If you believe that you have been the victim of this crime, don't hesitate to seek legal advice. By taking action, you can hold the company accountable for its actions and receive the compensation you deserve.