In re Plaid, Inc. Privacy Litigation

Frequently Asked Questions

1. BACKGROUND INFORMATION

1. Why is there a notice?

   A Court authorized the notice because Class members have a right to know how the proposed Settlement may affect their rights. The notice explains the nature of the litigation, the general terms of the proposed Settlement, and what it may mean to Class members. The notice also explains the ways Class members may participate in, or exclude themselves from, the Settlement.

2. What is this litigation about?

   The complaint in this case alleges that Plaid took certain improper actions by obtaining log-in credentials to user's financial accounts through a user interface called Plaid Link that the complaint alleges was designed to have the look and feel of the user's bank account login screen, when in fact the username and password were actually being provided to Plaid, and obtaining more financial and other data than was authorized or needed by a user's app. The time period at issue is January 1, 2013 to November 19, 2021.

   Plaid enables connections between a user's financial account and approximately 5,000 mobile and web-based apps that consumers use to make payments, transfer money, pay bills, manage their personal finances, make investments, and apply for loans, among other finance-related activities. For examples of the types of apps that use Plaid, you can review Plaid's website at www.plaid.com (including https://plaid.com/discover-apps/) or you can refer to Paras. 3 and 4 of the Plaintiffs' Consolidated Amended Complaint, available on the Important Documents page.

   To confirm whether specific apps or services that connected to your financial account(s) used Plaid for the account connections, you can view the SEARCH FOR APP/SERVICE page by clicking here.

   The lawsuit was brought on behalf of the individuals who allegedly believed based on the design of Plaid Link that they were providing login credentials directly to their banks, and/or whose accounts at financial institutions Plaid accessed using the user's login credentials and connected to a web-based or mobile payment or money transfer app. Plaid denies any wrongdoing and all of the allegations in the lawsuit; no court or other entity has made any findings against Plaid nor any determination that the law has been violated.

   The current complaint filed in this litigation, which describes the specific legal claims alleged by the Plaintiffs and the relief sought, is available on the Important Documents page. You can also find a copy of the Court's order on Plaid's motion to dismiss the Plaintiffs' legal claims, which sustained some claims and dismissed others, on the Important Documents page.

3. Who is the defendant in the lawsuit?

   The Defendant is Plaid Inc., a financial technology corporation. Plaid is a Delaware corporation with its principal place of business in San Francisco, California. You can learn more about Plaid at www.plaid.com.

4. Why is this a class action?

   In a class action, one or more people file a lawsuit to assert legal claims on behalf of themselves and other persons who have experienced the same or similar circumstances. Here, eleven people who are proposed Class Members filed class action complaints and serve as named Plaintiffs and “Class Representatives” in the consolidated amended lawsuit. In this capacity, they represent the interests of all the Class Members.

   Even if you have not filed your own lawsuit against Plaid regarding the allegations described in the notice, if you are a Class Member, this Settlement still affects you because the Settlement applies to all Class Members.

5. Why is there a Settlement?

   The Court has not decided in favor of Plaintiffs or Plaid on the ultimate merits of Plaintiffs' claims. Instead, both sides agreed to a Settlement. Settlements avoid the costs and uncertainty of a trial and appeals, while providing benefits to Class Members when the Settlement becomes final. Class Representatives and the attorneys for the Class (“Class Counsel,” see Question 10) believe that the Settlement is in the best interests of the Class Members.

6. The Claims in the Lawsuit

6. Who is part of the Settlement?

   You are a Class Member, and you are affected by this Settlement, if you are a United States resident and:

   1. own or owned one or more “Financial Accounts” (see definition in Question 7);
   2. Plaid (a) accessed your Financial Account; or (b) obtained your Financial Account login credentials, between January 1, 2013 and November 19, 2021; and
   3. You were a United States resident at the time (2)(a) or (b) occurred. See Questions 7, 8, and 9 for more information about these terms.

   The following entities and individuals are not Class Members:

   • Plaid and any and all of its predecessors, successors, assigns, parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, and attorneys, and any and all of the parents', subsidiaries', and affiliates' present and former predecessors, successors, assigns, directors, officers, employees, agents, representatives, and attorneys;
   • Any judicial officer presiding over the Action, or any member of his or her immediate family or of his or her judicial staff; and
   • Any individual who meets the class definition and who timely and validly excludes themselves from the Settlement.

7. What does “Financial Account” mean in the Settlement?

   “Financial Account” means any checking, savings, loan, or other account at a financial institution (1) that Plaid accessed using the user's login credentials and connected to a mobile or web-based financial technology application that enables payments (including ACH payments) or other money transfers or (2) for which a user provided financial account login credentials to Plaid through Plaid Link. A Financial Account does not include an account that was connected, or for which credentials were provided, exclusively through an OAuth Process or Managed OAuth Process.

   “Managed OAuth Process” means a process through which Plaid obtains login credentials in order to secure an access token pursuant to a formal agreement with the applicable financial institution and does not store those login credentials.

   “OAuth Process” means a process through which Plaid redirects an end user to the financial institution's domain to enter their login credentials and does not obtain login credentials for the end user.

8. What is Plaid Link?

   “Plaid Link” means a consumer facing interface developed by Plaid, as incorporated in mobile or web-based applications or services, that guides an end user through the process of linking a financial institution account to the application or service via Plaid.

   The Complaint in this case alleges that Plaid authenticates app users' bank accounts through methods that are different from other methods of authenticating bank accounts because it is “instant,” and does not require “micro-deposits” where the user returns to verify the amount of small deposits made to their accounts in order to verify that they own the account. In a Plaid Link interface, the user is prompted to input their bank username and password in order to verify the account.

   You can see examples of historical versions of Plaid Link on the Important Documents page and at pages 9-10 and 21-25 of the Complaint, also available on the Important Documents page. You can also check whether apps or services that you connected to your financial account used Plaid for the connection by viewing the SEARCH FOR APP/SERVICE page by clicking here.

9. How do I know whether I am a member of the Class?

   If you received a Notice of this Settlement by mail or email, you have been identified by the Settlement Administrator as a Class Member. If you did not receive a Notice by mail or email, you may still be a Class Member.

   You can check whether apps or services that you connected to your financial account used Plaid for the connection, by viewing the SEARCH FOR APP/SERVICE page by clicking here. You can see examples of historical versions of Plaid Link on the Important Documents page, and at pages 9-10 and 21-25 of the Complaint, also on the Important Documents page.

   If you are still not sure whether you are a Class Member, you may contact the Settlement Administrator by mail at In re Plaid, Inc. Privacy Litigation, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, or call the Settlement Administrator's toll-free number at 855-645-1115 for more information that may help you determine whether or not you are a Class Member.

10. THE LAWYERS FOR CLASS MEMBERS

10. Do I have a lawyer in the case?

    If you are a Class Member, you have a lawyer in this case. The Court appointed as “Class Counsel” the law firms Burns Charest LLP; Herrera Kennedy LLP; and Lieff Cabraser Heimann & Bernstein, LLP to represent the Class Members. If you want to be represented by your own lawyer, you may hire one at your own expense.

    You may contact Class Counsel using the following information:

    Rachel Geman
    LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
    250 Hudson Street, 8th Floor
    New York, NY 10013-1413
    rgeman@lchb.com

    Shawn M. Kennedy
    HERRERA KENNEDY LLP
    4590 MacArthur Blvd., Suite 500
    Newport Beach, CA 92660
    skennedy@herrerakennedy.com

    Christopher J. Cormier
    BURNS CHAREST LLP
    4725 Wisconsin Avenue, NW, Suite 200
    Washington, DC 20016
    ccormier@burnscharest.com

11. How will Class Counsel be paid?

    Class Counsel will apply to the Court to be paid from the Settlement Fund, and any payment will be made only in the amount that is approved by the Court.

    Class Counsel will ask the Court to award up to $14.5 million for attorneys' fees from the Settlement Fund (25% of the Settlement Fund). Class Counsel will also ask the Court to approve Service Awards of up to $5,000 each for the eleven Class Representatives named in the complaint as an award for their service to the Settlement Class as Plaintiffs and Class Representatives ($55,000 in total) out of the Settlement Fund. In addition, Class Counsel will ask the Court to reimburse them out of the Settlement Fund for the expenses they reasonably incurred and will incur in litigating this case on behalf of Class Members (including amounts charged by the Settlement Administrator for settlement administration).

    The amount of the Settlement Fund that remains after the payment of all Court-approved attorneys' fees, Service Awards, and reimbursement of expenses will be distributed to Class Members who have submitted valid claims for compensation and have not timely excluded themselves from the Settlement in a manner approved by the Court.

    Class Counsel and Plaid have not discussed the issue or amount of attorneys' fees in their negotiations of this Settlement; Plaid has the right to oppose Class Counsel's application for fees, reimbursement of expenses, and Service Awards to Class Representatives, and Class Members have the right to object. The Court will decide the attorneys' fees and expenses and Service Awards to be paid. Any attorneys' fees, expenses, or Service Awards approved by the Court will be paid from the $58 million Settlement Fund.

    Class Counsel's application for attorneys' fees, expenses, and Service Awards will be made available on the Important Documents page before the deadline for you to comment on or object to the Settlement. You can also request a copy of the application by contacting the Settlement Administrator at Questions@PlaidSettlement.com.

12. BENEFITS FOR CLASS MEMBERS

12. What nonmonetary benefits does the Settlement provide?

    The Settlement requires Plaid to:

    • Delete certain data from Plaid systems;
    • Inform Class Members of their ability to use Plaid Portal to manage the connections made between their financial accounts and chosen applications using Plaid and delete data stored in Plaid's systems;
    • Continue to include certain disclosures and features in Plaid's standard Link flow;
    • Enhance disclosures about Plaid's data collection practices, how Plaid uses data, and privacy controls Plaid has made available to users in Plaid's End User Privacy Policy;
    • Minimize the data that Plaid stores; and
    • Continue to host a dedicated webpage with detailed information about Plaid's security practices.

    Most of these requirements will be implemented no more than 180 days after the Court has entered a final judgment that has come into effect (i.e., the final judgment can no longer be appealed and has not been modified or reversed on appeal), and will apply for three years in the United States. For a full list of non-monetary benefits, including those that were implemented or finalized, in part, after this lawsuit was initially filed, see paragraphs 52-70 of the Settlement Agreement on the Important Documents page. A summary of these nonmonetary benefits of the settlement is provided below.

    Data Deletion from Plaid Systems

    As part of the Settlement, Plaid will, to the extent not already deleted, delete the following data:

    • Data retrieved as part of Plaid's Transactions product, including information about account transactions, such as transaction date, amount, category, merchant, and location, for users that Plaid can reasonably determine did not connect an account to an application that requested Transactions data. This means, for example, if you used an application that did not ask Plaid to collect data about transactions you made, but Plaid accessed that data anyway, then Plaid will delete that data from its systems.
    • In accordance with its internal data deletion policies, data for users that Plaid is aware it no longer has valid means that can be used to authenticate with the bank. This means, for example, if Plaid determines that the password it obtained for a particular bank account has changed, or that the account has been closed, Plaid will delete the data associated with that account from its systems.
    • Data for users that Plaid is aware it no longer has valid means that can be used to authenticate with the bank. This means, for example, if Plaid determines that the password it obtained for a particular bank account has changed, or that the account has been closed, Plaid will delete the data associated with that account from its systems.
    • It is important to understand that Plaid is not required to delete data retrieved as part of another Plaid product for which you currently have an active connection. For example, if you connect an app that requests data from a particular Plaid product and Plaid collects that requested data for that app, such data will not be deleted even if it overlaps with other data that would otherwise be covered by this section.

    Plaid Portal

    By creating a Plaid Portal account, users, including Class Members, can view and manage the connections between financial accounts and chosen applications made using Plaid, and delete data stored in Plaid's systems Currently, the website for Plaid Portal is my.plaid.com (see Question 15).

    As part of the Settlement, Plaid will provide a prominent reference to Plaid Portal on its website homepage (www.plaid.com), along with a link to Plaid Portal and a plain-language description of the user controls available through Plaid Portal. Plaid will also take reasonable commercial efforts to send periodic email reminders to Plaid Portal account holders generally describing the user controls available in Plaid Portal, including the ability to disconnect applications from their financial accounts and delete data stored in Plaid's systems.

    Clear Disclosures at the Time of Account Connection

    As part of the Settlement, Plaid has committed to ensuring that Plaid's standard Link flow includes the following:

    • The credentials pane, meaning the page where users enter their financial account username and password, will continue to explain that the credentials are being “provided to Plaid.”
    • The background color of the credentials pane will not utilize the color scheme associated with a specific financial institution for that financial institution.
    • A separate pane will continue to a) refer expressly to Plaid and explain that Plaid is used to link the user's accounts, b) include a conspicuous link to Plaid's End User Privacy Policy, and c) require the user to agree to Plaid's End User Privacy Policy by taking clear affirmative action (e.g., by clicking “Continue”).

    In addition, Plaid has made the following changes that were implemented or finalized, in part, after the filing of the initial class action complaint in this litigation:

    • The addition of the following language to the credentials pane of Plaid's standard Link flow for relevant products: “By providing your [financial institution name] credentials to Plaid, you're enabling Plaid to retrieve your financial data.”
    • The addition of a link entitled “Why is Plaid involved?” to the institution selection pane of Plaid's standard Link flow, which opens to the following text: “Plaid lets you connect your financial accounts to apps and services. This is a service provided by Plaid. The connection Plaid provides to your financial account(s) does not imply affiliation with any financial institution.”

    Minimizing the Data Plaid Stores

    As part of the Settlement, Plaid will minimize the amount of information that it stores from users' financial accounts.

    • With respect to data retrieved from users' financial accounts, subject to certain limitations such as for compliance with applicable law, Plaid will only store the categories of data for the Plaid product(s) that the user's application specifically requests from Plaid or that are necessary for Plaid to offer its services, unless the user has expressly consented to the retrieval of additional data.
    • Plaid will use its best efforts to continue to inform the applications that use Plaid about its /item/remove endpoint, which is a means for those applications to inform Plaid that a user has terminated their account with the application, which then terminates the application's access to data from Plaid, and may lead to data deletion from Plaid's systems (if such data is not actively used by another application).

    Enhancing Disclosures about What Plaid is and Does

    As part of the Settlement, in addition to the disclosures and controls discussed above, Plaid will enhance its End User Privacy Policy (EUPP) to provide more detailed information about Plaid's data collection, storage, use, sharing, and deletion practices. For all Plaid products, including newly launched products, the EUPP will:

    • Provide more detail about the categories of personal information Plaid collects from users' financial accounts for each Plaid product, including a plain-language list of the categories of personal information Plaid collects and a plain-language statement of the general reasons the categories are collected.
    • Provide more detail about how Plaid uses data, including by providing, for each category of personal information that Plaid collects about users, the categories of sources of the personal information, the categories of uses for which Plaid collects the information, and the categories of parties, if any, with whom Plaid shares the information (for example, the developer of the user's application).
    • Provide a plain-language explanation of Plaid's deletion and retention practices related to personal information.
    • Provide a dedicated section explaining in plain-language terms the privacy controls Plaid has made available to users (e.g., “Privacy Control Section”).

    In addition, Plaid launched certain consumer education pages after this litigation was filed, which describe Plaid's data practices, such as https://plaid.com/how-we-handle-data/; https://plaid.com/why-is-plaid-involved/; and https://plaid.com/discover-apps/.

    More details about the changes that Plaid has made or agreed to make as a result of the Settlement are available in Paragraphs 52-70 of the Settlement Agreement, which is available on the Important Documents page.

13. What monetary benefits does the Settlement provide?

    Under the Settlement, Plaid will pay $58 million to establish a Settlement Fund.

    After deducting any court-approved attorneys' fees and expenses and Service Awards for the Class Representatives, and the costs of the settlement administration, the Settlement Fund will be distributed to Class Members on a pro rata basis. The amount of the payments to individual Class Members will depend on the number of valid claims that are filed. Class Members will be able to choose whether to receive their payment via PayPal, Venmo, ACH Transfer, or paper check. Because the final payment amount cannot be calculated before all claims for compensation are received and verified, it will not be possible to provide an estimate of the payment amount before the deadline to file claims.

    In the event that any PayPal, Venmo, or ACH Transfer transfers fail or any paper checks are uncashed, the Settlement Administrator will make a second pro rata payment based on the non-transferred funds to Class Members who filed valid claims and provided valid electronic payment information. In the event that the number of Class Members who file valid claims would result in either an initial or secondary pro rata payment amount that the Parties, in consultation with the Settlement Administrator and a neutral mediator, determine is too small to economically distribute to Class Members, Class Counsel will seek Court approval to distribute the funds through a next-best alternative, to one or more non-profit organizations that have a track record of addressing consumer financial privacy and internet technology concerns, who will commit to use any funds they receive for activities intended to benefit all Class Members. The proposed non-profit organizations, also known as the proposed “Cy Pres Recipients,” are Privacy Rights Clearinghouse and Consumer Reports.

14. Will all Class Members who file claims receive the same amount?

    Yes. Each Class Member who submits a valid claim for compensation will be paid one equal pro rata share from the Net Settlement Fund (the $58 million Settlement Fund minus any award of attorneys' fees and expenses, settlement administration costs, and Service Awards for the Class Representatives). Each Class Member is entitled to submit only one claim for compensation from the Net Settlement Fund regardless of the number of applications they have connected to financial accounts via Plaid, or the number of their financial accounts that have been connected to apps. Because the final payment amount cannot be calculated before all claims for compensation are received and verified, it is not possible to provide an estimate of the payment amount before the deadline to file claims.

15. How do I control who has access to my data?

    You can create a Plaid Portal account to view and manage the connections you've made using Plaid and delete data stored in Plaid's systems. Currently, Plaid Portal is available at my.plaid.com. Pursuant to the Settlement, Plaid will also post a link to the Plaid Portal on its website, www.plaid.com, where you can create or access your Plaid Portal account.

    After creating a Plaid Portal account, you can use the Portal to securely manage the connections between your financial accounts and chosen applications made using Plaid. Plaid Portal allows you to see the types of data shared with each app, disconnect apps from your financial accounts any time, and delete your data stored in Plaid's systems.

16. HOW TO FILE A CLAIM

16. How do I file a claim for compensation?

    To claim a cash payment, you need to file a claim form. There are two options to file your claim:

    (1) File Online: You may fill out and submit the claim form online at www.PlaidSettlement.com. This is the quickest way to file a claim.

    (2) File by Mail: Alternatively, you can download a hard copy of the claim form (available on the Important Documents page), or ask the Settlement Administrator to mail a claim form to you by calling 855-645-1115. Fill out your claim form, and mail it (including postage) to: In re Plaid, Inc. Privacy Litigation, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.

    The deadline to file a claim is April 28, 2022 (this is the last day to file online and postmark deadline for mailed claims).

17. Can I submit multiple claims if I have more than one Financial Account that I connected through Plaid?

    No. Each Class Member may submit only one claim, even if they own multiple Financial Accounts that they connected through Plaid.

18. Can I submit multiple claims if I connected more than one app or service to my Financial Account?

    No. Each Class Member may submit only one claim, even if their Financial Account(s) were connected to multiple apps or services through Plaid.

19. What happens if my claim is not accepted?

    The Settlement Administrator may reject Claim Forms that are duplicates of another claim, are reasonably suspected to be fraudulent, or are submitted after the deadline. The Settlement Administrator may also reject Claim Forms submitted by individuals it reasonably determines are not members of the Class. Before rejecting a claim, the Settlement Administrator will notify the claimant and give the claimant two weeks from the date of notice to correct any deficiency.

20. When and how will I receive the benefits I claim from the Settlement?

    Payments for valid claims will be made after the Settlement becomes final by the means designated on your claim form. You may select payment via PayPal, Venmo, ACH Transfer, or paper check. The Settlement will become final only if, and after, Final Approval is granted by the Court and any appeals to Final Approval of the Settlement are resolved. This process may take longer than one year. Please be patient.

21. What happens if my contact information changes after I submit a Claim?

    If, after you submit a claim form, you change your mailing address, email address, or the PayPal, Venmo, or ACH Transfer information provided on your claim form, it is your responsibility to inform the Settlement Administrator of your updated information. You may do so by contacting the Settlement Administrator using the contact information in Question 33.

22. LEGAL RIGHTS RESOLVED THROUGH THE SETTLEMENT

22. What am I giving up to stay in the Settlement Class?

    If you do not exclude yourself from the Settlement Class, you will be releasing all of your legal claims relating to the allegations in the Plaintiffs' complaint. You may view the complaint on the Settlement Website on the Important Documents page.

    The claims you are giving up are called “Released Claims,” and they are defined in paragraph 45 of the Settlement Agreement. You will be releasing the Released Claims against Plaid and any and all of its present or former predecessors, successors, assigns, parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, and attorneys, and any and all of the parents', subsidiaries', and affiliates' present and former predecessors, successors, assigns, directors, officers, employees, agents, representatives, and attorneys, in connection with the Released Claims, when the Settlement becomes final.

    By releasing your legal claims, you are giving up the right to file any type of legal action against, or seek further compensation from, Plaid and the other released individuals and entities listed above based on those claims. If you are a Class Member, all of the decisions by the Court will bind you unless you exclude yourself from the Settlement (see Questions 29-31). That means you will be bound to the terms of the Settlement and accompanying Court order, and cannot bring any type of legal action, or be part of another legal action against Plaid or the other entities listed in the paragraph above regarding the allegations in Plaintiffs' complaint.

    Paragraph 45 of the Settlement Agreement defines the claims that will be released by Class Members who do not exclude themselves from the Settlement. You can access the Settlement Agreement and read the details of the legal claims being released on the Important Documents page. If you have any questions about what this means, you can contact Class Counsel or the Settlement Administrator (see Question 10).

23. OBJECTING TO THE SETTLEMENT

23. If I don't like the Settlement, how do I tell the Court?

    If you do not exclude yourself from the Settlement, you can ask the Court to deny approval by filing an objection. You can object to any aspect of the Settlement, to Class Counsel's request for attorneys' fees and expenses, or to the request for Service Awards.

    Objecting to the Settlement means asking the Court to deny approval to the Settlement. You can't ask the Court to order a larger monetary payment from Plaid as part of the Settlement, or to change the commitments Plaid has agreed to make under the Settlement. The Court can only approve or reject the Settlement the parties have proposed. If the Court denies approval of the Settlement, Plaid will not be required to comply with the terms of the Settlement Agreement, no Settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you must object.

    If you chose to make an objection, it must be in writing and contain the following:

    1. The name and case number of this lawsuit (In re Plaid Inc. Privacy Litigation, the case number is 4:20-cv-03056);
    2. The basis for believing that you are a Class Member;
    3. Your full name and mailing address, and email address or telephone number;
    4. All reasons for your objection;
    5. Whether you intend to appear at the Final Approval Hearing, either in person or through an attorney representing you, and, if through an attorney, the attorney's name, address, and phone number;
    6. Your handwritten or electronically imaged written (e.g., “DocuSign”) signature. An attorney's signature, or a typed signature, is not sufficient.

    To be considered by the Court, your objection must be either (1) filed at any location of the United States District Court for the Northern District of California on or before March 4, 2022, or (2) mailed, postmarked no later than March 4, 2022, to the following recipient:

    Clerk of Court
    United States District Court for the Northern District of California
    1301 Clay Street
    Oakland, CA 94612

24. What is the difference between objecting and excluding myself?

    You object to the Settlement when you disagree with some aspect of the Settlement and think the Court should not give Final Approval to the Settlement. An objection, like a comment, allows your views to be heard in Court.

    Excluding yourself from the Settlement means that you are no longer a Class Member and don't want the Settlement (including monetary payments) to apply to you. Once you are excluded, you lose any right to object to any aspect of the Settlement because the case no longer affects you.

25. Do I need to attend the Final Approval Hearing if I file an objection?

    If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

26. FINAL APPROVAL HEARING

26. When and where will the Court decide whether to approve the Settlement?

    The Court will hold the Final Approval Hearing at 1 p.m. on May 12, 2022 in Courtroom 4 (3rd Floor) of the United States Courthouse, 1301 Clay Street, Oakland, CA 94612. The hearing may be postponed to a different date or time or location without notice. The hearing may be scheduled to occur telephonically or by videoconference. Please check this website, or Judge Donna M. Ryu's Calendar (available at https://apps.cand.uscourts.gov/CEO/cfd.aspx?71BQ) for any updates about the Settlement or the Final Approval Hearing. If the date or time, or the format, of the Final Approval Hearing changes, an update to this website or the Court's Calendar is the only way you will be informed of the change.

    At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may listen to people who appear at the hearing and who have provided notice of their intent to appear at the hearing (see Question 23). The Court may also consider Class Counsel's application for attorneys' fees, expenses and for Service Awards. At or after the hearing, the Court will decide whether to approve the Settlement and to approve Class Counsel's application for attorneys' fees, expenses and Service Awards.

27. Do I have to come to the hearing?

    No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you submit a written objection, you may, but you do not have to, come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required.

28. May I speak at the hearing?

    At that hearing, the Court will at its discretion hear any objections and arguments concerning the fairness of the Settlement.

    You may attend the hearing, but you do not have to. As described above in response to Question 23, you may speak at the Final Approval Hearing if (a) you have mailed your written comment or objection to the Court on or before the postmark deadline, and (b) you identified in your comment or objection whether you intend to appear at the Final Approval Hearing.

    You cannot speak at the hearing if you exclude yourself from the Settlement Class.

29. EXCLUDING YOURSELF FROM THE SETTLEMENT

29. How do I exclude myself from the Settlement?

    If you want to keep the right to sue or continue to sue Plaid or the other released entities (see Question 22) based on claims this Settlement resolves, you must exclude yourself from the Class (sometimes called “opting out”).

    To exclude yourself from the Settlement, you must send a letter by mail to the Settlement Administrator saying that you wish to do so. Your exclusion letter must include:

    1. The name and case number of this lawsuit (In re Plaid Inc. Privacy Litigation, case number is 4:20-cv-03056);
    2. Your full name and mailing address, email address, or telephone number;
    3. The words “Notification of Exclusion” or a statement that you want to be excluded from the Settlement; and
    4. Your handwritten or electronically imaged written (e.g., “DocuSign”) signature. An attorney's signature, or a typed signature, is not sufficient.

    You must mail your exclusion letter, postmarked no later than March 4, 2022, to:

    In re Plaid Inc. Privacy Litigation
    Attn: Exclusion
    P.O. Box 58220
    Philadelphia, PA 19102

    You cannot exclude yourself by mailing a notification to any other location or after the deadline of March 4, 2022. You cannot exclude yourself by telephone or by email. Your exclusion letter must be signed by you, personally, and not your lawyer or anyone else acting on your behalf. “Mass” or “class” opt-outs made on behalf of multiple persons or classes of persons will be deemed invalid.

30. If I do not exclude myself, can I sue Plaid for the same thing later?

    No. Unless you exclude yourself, you give up the right to sue Plaid for the claims that this Settlement resolves.

31. If I exclude myself, am I still represented by Class Counsel?

    No. Class Counsel represents the members of the Settlement Class. If you exclude yourself from the Settlement Class, you are not represented by Class Counsel.

32. DOING NOTHING

32. What happens if I do nothing?

    If you do nothing, and if the Settlement becomes final, you will be part of the Settlement Class. You will give up your rights to sue Plaid (or continue to sue) or related entities (see Question 22) for claims arising out of or related to the allegations in the Plaintiffs' complaint.

33. GETTING MORE INFORMATION

33. How do I get more information?

    The notice summarizes the proposed Settlement. More details are in the Settlement Agreement itself. You can get a copy of the Settlement Agreement, view other case documents, and get additional information, updates, and answers to Frequently asked Questions, by reviewing this website.

    All of the case documents that have been filed publicly in this case are also available online through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov. This case is called In re Plaid Inc. Privacy Litigation, and the case number is 4:20-cv-03056. You may obtain case documents by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, San Francisco Division, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

    You can also get additional information or request a copy of the Settlement Agreement by calling toll-free 855-645-1115 or writing to the Settlement Administrator via email to Questions@PlaidSettlement.com or by mail to In re Plaid, Inc. Privacy Litigation, c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK'S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT.