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 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 submitted a Valid Claim by 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. The Claim Filing Deadline was August 28, 2024, and has passed. 

    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. The Claim Filing Deadline was August 28, 2024, and has passed. 

    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. The Claim Filing Deadline was August 28, 2024, and has passed.

    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 have filed a Claim Form to get any money from the proposed Settlement. The Claim Filing Deadline was August 28, 2024, and has passed.  

  • Yes. The Court has approved the Class Representatives service award of $2,000, to compensate them for their services and efforts in bringing the lawsuit. 

  • If you stayed 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 if you excluded yourself, otherwise you will be included in the Settlement Class, and you gave up the right to sue for the claims in this case.

  • If you wished to exclude yourself from the Settlement, you must have written to the Settlement Administrator about why you wished to exclude yourself from the Settlement by July 29, 2024. The deadline to exclude yourself has passed.

  • No. If you did 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 did nothing, you will be bound by the Settlement, 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 asked the Court to award reasonable attorneys’ fees, costs, and litigation expenses in an amount not to exceed $145,000. The Court approved the Settlement Class Counsel' request. A copy of the Order is available on the "Important Documents" page of this website.  

  • If you wished to object, you must have written to the Settlement Administrator about why you did not agree with the entire Settlement or any part of the Settlement by July 29, 2024. The deadline to object has passed.

  • Objecting is simply telling the Court that you don’t like something about the Settlement. You could have objected only if you stayed in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you excluded yourself, you have no basis to object because the Settlement no longer affects you.

  • The Court held the Final Approval Hearing on October 24, 2024, and granted Final Approval of the Settlement. A copy of the Order is available on the "Important Documents" page of this website.  

  • No, you did not need to attend the Final Approval Hearing. Settlement Class Counsel answered any questions the Court may have had. If you wished to attend the hearing, you were welcomed to come at your own expense.

     

  • Yes, you could have asked the Court for permission to speak at the Final Approval Hearing. To do so, you must have filed with the Court, by on or before July 29, 2024, a notice of intent to appear at the Final Approval Hearing. The deadline has passed.

    You could not speak at the hearing if you excluded 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