Frequently Asked Questions

Further Information about this Notice and the Lawsuit

1. Why was a Notice issued?

You received a notice because you may be a member of the Settlement Class or California Subclass able to receive benefits from a proposed settlement of the class action lawsuit Israel Colon v. Creative Ventures, Inc., d/b/a Pro Wrestling Tees, Case No. 2023LA000177 in the Circuit Court of the 18th Judicial Circuit, County of DuPage (the “Lawsuit”). The Court overseeing the Lawsuit authorized a Notice to advise Settlement Class Members and California Subclass Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options you have in connection with that Settlement.

2. What is the Lawsuit about?

The Lawsuit is a proposed class action lawsuit brought on behalf of all persons whose personally identifiable information was potentially compromised as a result of the Cyberattack that Creative Ventures learned of on or about November 1, 2021, and who were sent written notices of the Cyberattack by Creative Ventures.

The Settlement includes a California Subclass, defined as: Persons whose personally identifiable information was potentially compromised as a result of the Cyberattack who resided in California on or about November 1, 2021.

3. Why is the Lawsuit a class action?

In a class action, one or more representative plaintiffs bring a lawsuit for others who are alleged to have similar claims. Together, these people are the “class” and each individually is a “class member.” There is one Plaintiff (or Representative Plaintiff) in this case: Israel Colon.

4. Why is there a Settlement?

The Plaintiff in the Lawsuit, through his attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Plaintiff and Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class and Settlement Subclass. The Court has not decided whether the Plaintiff’s claims or Creative Venture’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive benefits from the Settlement. The Settlement does not mean that Creative Ventures did anything wrong, or that the Plaintiff, the Settlement Class and California Subclass would, or would not, win the case if it were to go to trial.

Terms of the Proposed Settlement

5. Who is in the Settlement Class and California Subclass?

The Settlement Class is defined as all residents of the United States whose personal information was compromised as a result of the Cyberattack, which gave rise to the above-captioned case.

The “California Subclass” is defined as persons whose personally identifiable information was potentially compromised as a result of the Cyberattack who resided in California on November 1, 2021.

Excluded from the Settlement Class and California Subclass are: (a) Creative Venture’s officers and directors; (b) any entity in which Creative Ventures has a controlling interest; and (c) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Creative Ventures. Also excluded are members of the judiciary to whom this case is assigned, their families and members of their staff.

6. What are the Settlement Benefits?

Identity Protection and Credit Monitoring Services

The proposed Settlement provides two years of credit monitoring service free of charge to Settlement Class and California Subclass Members who submit a valid Claim Form.

Compensation for Unreimbursed Losses

The Settlement also provides compensation for the following unreimbursed losses, up to a total of $3,500 per member of the Settlement Class or California Subclass:

1. Out-of-pocket expenses incurred as a result of the Cyberattack, including bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel.

2. Fees for credit reports, credit monitoring, or other identity theft insurance products purchased on or after December 15, 2021, through April 19, 2023.

3. Monetary losses relating to fraud or identity theft, professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services, incurred as a result of the Cyberattack; and

4. Up to 4 hours of lost time at a rate of $15.00 per hour if at least one full hour was spent dealing with the Cyberattack.

Compensation for unreimbursed losses (except for lost time), shall be paid only if:

1. The loss is an actual, documented, and unreimbursed monetary loss.

2. The loss was more likely than not caused by the Cyberattack.

3. The loss occurred between November 1, 2021, and August 17, 2023.

4. The Settlement Subclass Member 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; and

5. Documentation of the claimed losses is not “self-prepared.” Self-prepared documents, such as handwritten receipts, are, by themselves, insufficient to receive reimbursement.

Additional Cash Benefit

California Subclass members are eligible for an additional $100 cash benefit.

New Practices

Creative Ventures has implemented improvements, and plans for future implementations, to improve its cybersecurity since the Cyberattack.

Compensation for lost time requires (i) an attestation that any claimed lost time was spent related to the Cyberattack between November 1, 2021 and August 17, 2023; and (ii) identification of how the claimed lost time was spent.

7. What claims are Settlement Class Members giving up under the Settlement?

Settlement Class Members and California Subclass Members who do not validly exclude themselves from the Settlement will be bound by the Settlement Agreement and Release (“Settlement Agreement”), and any final judgment entered by the Court, and will give up their right to sue the Released Parties for the claims being resolved by the Settlement.

The claims that are being released and the persons and entities being released from those claims are described in the Settlement Agreement. The Settlement Agreement may be viewed under the Case Documents.

Your Options as a Settlement Class Member

8. If I am a Settlement Class Member or California Subclass Member, what options do I have?

If you are a Settlement Class Member or California Subclass Member, you do not have to do anything to remain in the Settlement. However, if you want two years of credit monitoring and/or to request compensation for unreimbursed losses, you must complete and submit a Claim Form postmarked or submitted online by August 17, 2023. You may download or submit a Claim Form using the Submit Claim tab.

If you are a member of the California Subclass and want to request your additional $100 cash benefit, you must complete and submit a Claim Form postmarked or submitted online by August 17, 2023. You may download or submit a Claim Form using the Submit Claim tab.

If you do not want to give up your right to sue the Released Parties about the Cyberattack or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class/California Subclass. See Question 12 below for instructions on how to exclude yourself.

If you object to the settlement, you must remain a Settlement Class or California Subclass Member (i.e., you may not also exclude yourself from the Settlement Class/Subclass by opting out) and file a written objection in this case with the Court. (See Question 15 below.) If you object, you must still submit a claim if you want compensation for unreimbursed losses or identity theft protection and credit monitoring services.

9. What happens if I do nothing?

If you do nothing, you will get no benefit from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties related to the claims released by the Settlement.

10. How do I submit a claim?

You may complete the Claim Form online using the Submit Claim tab or obtain a paper Claim Form by downloading it online or by calling the claims administrator at (833) 215-5175. In order to complete the Claim Form online you will need your Notice ID Number. If you have lost your Notice ID Number or did not receive your Notice ID Number, you may contact the claims administrator. If you choose to complete a paper Claim Form, you may either submit the completed and signed Claim Form and any supporting materials electronically using the Submit Claim tab or mail them to:

Creative Ventures Claims Administrator

PO Box 25226

Santa Ana, CA 92799

11. Who decides my Settlement claim and how do they do it?

The Claims Administrator will initially decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to timely provide all the required information will invalidate a claim and it will not be paid.

12. How do I exclude myself from the Settlement?

You must make a signed written request that (i) clearly states that you wish to exclude yourself from the Settlement Class/California Subclass in this Lawsuit, and (ii) include your name, address and phone number. You must send your request by July 18, 2023, to this address:

Creative Ventures Claims Administrator

Attn: Exclusions

PO Box 25226

Santa Ana, CA 92799

13. If I exclude myself, can I receive a benefit from this Settlement?

No. If you exclude yourself, you will not be entitled to any Settlement benefits. However, you will also not be bound by any judgment in this Lawsuit.

14. If I do not exclude myself, can I sue the Released Parties for the Cyberattack later?

No. Unless you exclude yourself, you give up any right to sue the Released Parties for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class/California Subclass to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form requesting a benefit from this Settlement.

15. How do I object to the settlement?

All Settlement Class and California Subclass Members who do not request exclusion from the Settlement Class/California Subclass have the right to object to the Settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement benefits will be sent out and the lawsuit will continue.

Any objection to the proposed Settlement must be in writing and any supporting papers must be filed with the Court and mailed to Class Counsel and Creative Venture’s Counsel.

Objections must be filed or postmarked no later than July 18, 2023.

To be considered by the Court, your objection must include: (a) the title of the case; (b) your name, address, and telephone number; (c) all legal and factual bases for your objection; and (d) copies of any documents that you want the Court to consider.

Should you wish to appear at the Final Approval Hearing, you must so state, and must identify any documents or witnesses you intend to call on your behalf.

If you fail to object in this manner, you will be deemed to have waived and forfeited any and all rights you may have to appear separately and/or to object to the Settlement Agreement, and you shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions set forth in this paragraph. Without limiting the foregoing, any challenge to the Settlement Agreement, the Final Judgment and Order approving this Settlement Agreement, or the judgment to be entered upon final approval shall be pursuant to appeal under the Illinois Rules of Appellate Procedure and not through a collateral attack.

Court Approval of the Settlement

16. How, when and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for August 24, 2023, at 9:00 A.M., in the Eighteenth Judicial Circuit Court, DuPage County, 421 N. County Farm Road, Wheaton, IL 60187. At the Final Approval Hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Plaintiff’s request for attorneys’ fees and costs, and Plaintiff’s request for service awards for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the Settlement.

It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this website to confirm the schedule if you wish to attend.

17. Do I have to attend the hearing?

No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person to make an objection; the Court will consider any written objections properly submitted according to the instructions in Question 15. You or your own lawyer are welcome to attend the hearing at your expense but are not required to do so.

18. What happens if the Court approves the Settlement?

If the Court approves the Settlement, there may still be appeals. If an appeal is taken, it is possible the Settlement could be disapproved on appeal. We do not know how long this process may take.

19. What happens if the Court does not approve the Settlement?

If the Court does not approve the Settlement, there will be no Settlement benefits available to Settlement Class Members, California Subclass Members, Class Counsel, or the Plaintiff, and the case will proceed as if no Settlement had been attempted.

Lawyers for the Settlement Class and Creative Ventures

20. Who represents the Settlement Class?

The Court has appointed the following Class Counsel to represent the Settlement Class and California Subclass Members in this Lawsuit:

Gary M. Klinger

MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC

227 W. Monroe Street

Ste. 2100

Chicago, IL 60606

Settlement Class Members will not be charged for the services of Class Counsel; Class Counsel will be paid by Creative Ventures, subject to Court approval. However, you may hire your own attorney at your own expense to advise you in this matter or represent you in making an objection or appearing at the final settlement approval hearing.

21. How will the lawyers for the Settlement Class be paid?

Plaintiff will seek an order from the Court requesting that attorneys’ fees be awarded to Class Counsel in the amount of $200,000.00 inclusive of any costs and expenses of the Litigation (the “Class Counsel Payment”).

Plaintiff will also seek an order from the Court requesting that Service Awards in the amount of $3,500.00 be awarded to the Representative Plaintiff for their time and effort expended on behalf of the Settlement Class in the Litigation.

If the Court awards the Class Counsel Payment or the Service Awards described above, the Court’s award(s) will not affect any benefits provided to Settlement Class Members, Settlement Subclass Members, or Plaintiff.

22. Who represents Creative Ventures in the Lawsuit?

Creative Ventures is represented by the following lawyers:

Christopher G. Dean

MCDONALD HOPKINS LLC

600 Superior Avenue

Suite 2100

Cleveland, OH 44114

For Further Information

23. What if I want further information or have questions?

You may contact the Claims Administrator by mail, email, or phone:

Mail:

Creative Ventures Claims Administrator

PO Box 25226

Santa Ana, CA 92799

Email: info@CVDataBreachSettlement.com

Phone: (833) 215-5175

PLEASE DO NOT CONTACT THE COURT OR CREATIVE VENTURE’S COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT.