1. Why is the Notice being provided?
2. What is this lawsuit about?
3. Why is this lawsuit a class action?
4. Why is there a Settlement?
5. How do I know if I am included in the Settlement?
6. Are there exceptions to being included in the Settlement?
7. What if I am still not sure whether I am part of the Settlement?
8. What does this Settlement provide?
9. What am I giving up to receive Settlement benefits or stay in the Settlement Class?
10. What are the Released Claims?
11. How do I submit a Claim Form?
12. What happens if my contact information changes after I submit a Claim Form?
13. When will I receive my Settlement benefits?
14. Do I have a lawyer in this case?
15. How will Class Counsel be paid?
16. How do I opt-out of the Settlement?
17. If I opt-out can I still get anything from the Settlement?
18. If I do not opt-out, can I sue the Defendant for the same thing later?
19. How do I tell the Court I do not like the Settlement?
20. What is the difference between objecting and asking to be excluded?
21. When and where will the Court decide whether to approve the Settlement?
22. Do I have to attend the Final Fairness Hearing?
23. May I speak at the Final Fairness Hearing?
24. What happens if I do nothing at all?
25. How do I get more information about the Settlement?
A court authorized the Notice because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what Settlement benefits are available, who is eligible for the Settlement benefits, and how to get them.
The Honorable Patrick James Hanlon of the United States District Court for the Southern District of Indiana is overseeing this class action. The lawsuit is known as Johnson et al. v. Nice Pak Products, Inc. et al., Case No. 1:23-cv-01734 (“lawsuit”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the companies sued, Nice-Pak Products, Inc. and Professional Disposables International Inc., are called the “Defendants.”
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The Plaintiffs filed this lawsuit against Defendants on behalf of themselves and all others similarly situated involving a Cybersecurity Incident suffered by Defendants where cybercriminals potentially accessed Defendants’ systems containing, individuals’ Private Information, on or about May 28, 2023, through June 15, 2023. The Private Information includes sensitive information including, but not limited to, names, Social Security numbers, financial account information, and medical information. Plaintiffs allege negligence, negligence per se, and breach of implied contract.
Defendants deny the legal claims and deny any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendants, or that any law has been violated. Instead, the Plaintiffs and Defendants have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.
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In a class action, one or more people (called Class Representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt-out) from the class.
The Class Representatives in this lawsuit are Darin Johnson and Robert Willey.
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The Plaintiffs and Defendants do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendants. Instead, the Plaintiffs and Defendants have agreed to settle the lawsuit. The Class Representatives, Defendants, and their lawyers believe the Settlement is best for the Settlement Class because of the Settlement benefits available and the risks and uncertainty associated with continuing the lawsuit.
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You are a Settlement Class Member if you are an individual who was notified that your Private Information was potentially compromised in the May and June 2023 Cybersecurity Incident.
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Yes. Excluded from the Settlement Class are (i) Defendants and Defendants’ parents, subsidiaries, affiliates, officers and directors, and any entity in which Defendants have a controlling interest; (ii) all individuals who make a timely election to be excluded from this settlement using the correct protocol for opting-out; (iii) any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions; (iv) the lawyers representing the Parties in the lawsuit; (v) all judges assigned to hear any aspect of the lawsuit, as well as their court staff and immediate family members; and (vi) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Cybersecurity Incident, or who pleads nolo contendere to any such charge.
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If you are still not sure whether you are a Settlement Class Member, you may call toll-free (844) 341-0324.
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If you are a Settlement Class Member, you can submit a timely and valid Claim Form for the following Settlement benefits.
Lost Time: You may submit a timely and valid Claim Form with documentation for lost time for up to four (4) hours of time (at a rate of $22.50 per hour) for time spent to mitigate the potential effects of or to deal with the effects of the Data Breach, e.g., time spent dealing with replacement card issues, reversing fraudulent charges, or monitoring accounts. To be valid, a claim for compensation for lost time must be supported by a written description of activities performed, and an attestation that the time claimed was reasonably related to responding to the effects of the Data Breach.
Expense Reimbursement: You may submit a timely and valid Claim Form with documentation for expenses related to the Cybersecurity Incident for up to $450.00 per Settlement Class Member for Ordinary Expenses (up to $50.00 of which need not be documented, with any amount above $50.00 requiring documentation) and $4,500.00 per Settlement Class Member for Extraordinary Expenses.
Ordinary Expenses include out-of-pocket expenses such as professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred between the date of the Data Breach and seven (7) days after the Notice is sent to the Settlement Class; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges that were incurred between the date of the Data Breach and seven (7) days after the Notice is sent to the Settlement Class.
Extraordinary Expenses are losses incurred as a result of the Data Breach, such as losses caused by a misuse of the personal information or fraud or identity theft.
Documentation can include receipts or other documentation not “self-prepared” by you that document the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.
You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source.
Privacy Shield Pro: As a Class Member, you are automatically entitled to enroll in the Privacy Shield Pro product.
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Unless you exclude yourself (opt-out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Defendants or the Released Persons about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”
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Section 8 of the SettlementAgreement describes the Releases, Released Claims, and Released Persons, in necessary legal terminology, so please read the section carefully. For questions regarding the Releases, Released Claims, or Released Persons and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in FAQ 14 for free, or you can talk to your own lawyer at your own expense.
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You must submit a timely and valid Claim Form to receive any Settlement benefits as described in Question 8. Claim Forms may be filed online here by May 12, 2026, or downloaded here and mailed to the Claims Administrator at the address below, postmarked by May 12, 2026. Claim Forms are also available by calling (844) 341-0324 or by writing to:
Johnson et al. v. Nice Pak Products, Inc. et al.
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799
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If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by writing to:
Johnson et al. v. Nice Pak Products, Inc. et al.
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799
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If you submit a timely and valid Claim Form, the Settlement benefits will be provided after the Settlement is approved by the Court and becomes final.
It may take time for the Settlement to be approved and become final. Please be patient and check this Settlement Website for updates.
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Yes, the Court has appointed Gary M. Klinger and David K. Lietz of Milberg Coleman Bryson Phillips Grossman, LLC and Lynn A. Toops and Amina A. Thomas of Cohen & Malad, LLP as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.
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Class Counsel will ask the Court to award attorneys’ fees and case expenses of $200,000.00, to be paid by Defendants. Class Counsel will also ask the Court to approve a service award of $5,000.00 each for the Class Representatives for participating in this lawsuit and for their efforts in achieving the Settlement. The Court may award less than these amounts. If awarded by the Court, Defendants will pay the attorneys’ fees, costs, and expenses, and the service award directly.
Class Counsel’s motion for attorneys’ fees, costs, and expenses, and the service award will be made available on this Settlement Website before the deadline for you to comment or object to the Settlement.
If you are a member of the Settlement Class and want to keep any right you may have to sue or continue to sue the Released Persons on your own about the legal claims in this lawsuit or the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from—or “opting-out” of—the Settlement.
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To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:
Your name, address, telephone number, and email address (if any);
Your personal physical signature; and
A statement that you want to be excluded from the Settlement Class, such as "I hereby request to be excluded from the Settlement Class in Johnson et al. v. Nice Pak Products, Inc. et al."
The exclusion request must be mailed to the Claims Administrator at the following address, and be postmarked by April 13, 2026:
Johnson et al. v. Nice Pak Products, Inc. et al.
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799
You cannot opt-out (exclude yourself) by telephone or by email.
Settlement Class Members will only be able to submit an opt-out request on their own behalf; mass or class opt-outs will not be permitted.
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No. If you opt-out, you will not be able to receive Settlement benefits, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement benefits if you stay in the Settlement and submit a timely and valid Claim Form.
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No. Unless you opt-out, you give up any right to sue any of the Released Persons for the legal claims this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement, proceedings, orders, and judgments in the lawsuit. You must opt-out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Released Persons about the Released Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.
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If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement or requested attorneys’ fees, costs, and expenses. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees, costs, and expenses.
To object, you must mail a written objection postmarked by April 13, 2026, to Class Counsel and Defendant’s Counsel stating you object to the Settlement in Johnson et al. v. Nice Pak Products, Inc. et al., Case No. 1:23-cv-01734.
To submit an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information:
Your full name, address, telephone number, and email address (if any);
The case name and case number;
Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., copy of the original notice of the Cybersecurity Incident);
A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe to be applicable;
The identity of all lawyers representing you in connection with the objection;
The number of times you or your attorneys have objected to a class action settlement within the last five years, and for each, the caption of each case in which you or your attorneys have made such an objection, and a copy of any orders related to or ruling upon the objector's prior objections that were issued by the trial and appellate courts in each listed case;
A statement identifying all persons who will be called to testify at the Final Approval hearing in support of the objection (if any);
A statement whether you and/or your lawyer will personally appear at the Final Fairness Hearing; and
Your signature or the signature of your duly authorized lawyer or other duly authorized representative.
To object, your written objection must include all of the information above, must be postmarked by April 13, 2026, and sent by U.S. mail to Class Counsel and Defendants’ Counsel by April 13, 2026, at the following addresses:
Class Counsel | Defendants’ Counsel |
Gary M. Klinger, Esq. | Carrie Dettmer Slye |
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Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting-out is telling the Court that you do not want to be part of the Settlement Class. If you opt-out, you cannot object because you are no longer part of the Settlement.
The Court will hold a “Final Fairness Hearing” to decide whether to approve the Settlement and attorneys’ fees, costs, and expenses, and service award. You may attend and you may ask to speak if you submit an objection by the deadline, but you do not have to.
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The Court will hold a Final Fairness Hearing on June 12, 2026, at 1:00 p.m. before the Honorable Patrick James Hanlon, 46 East Ohio Street, Indianapolis, IN 46204. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s request for attorneys’ fees, costs, and expenses, and the service award to the Class Representatives.
If there are objections that were submitted by the deadline, the Court will consider them. If you submit a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court may hear objections at the hearing.
Note: The date and time of the Final Fairness Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this Settlement Website to confirm the date and time of the Final Fairness Hearing have not changed.
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No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you submit an objection, you do not have to attend the Final Fairness Hearing to speak about it. As long as you submit your written objection by the deadline, the Court will consider it.
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Yes, as long as you do not exclude yourself (opt-out), you can (but do not have to) participate and speak for yourself at the Final Fairness Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.
If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed above and specifically include a statement whether you or your lawyer will appear at the Final Fairness Hearing.
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If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits, and you will give up rights explained in the “Exclude Yourself or Opt-Out from the Settlement” section, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Persons about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Cybersecurity Incident.
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This website and the Notice summarize the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page. You may get additional information by calling toll-free (844) 341-0324, or by writing to:
Johnson et al. v. Nice Pak Products, Inc. et al.
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799
Please do not telephone the Court or the Court’s Clerk office regarding this Settlement.
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