Carter v. Vivendi Ticketing US, LLC d/b/a See Tickets

In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. All the people with similar claims are class members. One court resolves the issues for all class members, except those who exclude themselves from the class.

This lawsuit began when Plaintiff Jennifer Carter filed a putative class action complaint against See Tickets. In the lawsuit, Plaintiffs allege that See Tickets was negligent and violated contractual and statutory damages when a third party obtained unauthorized access to payment card information of certain See Tickets customers. See Tickets denies any liability or wrongdoing of any kind associated with the claims in this lawsuit.

This is just a summary of the allegations. The complaint in the lawsuit is posted on the Important Documents and contains all the allegations.

To resolve this matter without the expense, delay, and uncertainties of litigation, the parties reached a settlement. The proposed settlement would require See Tickets to pay money and provide a discount benefit to the Settlement Class, and pay settlement administration costs, attorneys’ fees and costs of Class Counsel, and a Service Payment to the Class Representative, as may be approved by the Court. The settlement is not an admission of wrongdoing by See Tickets and does not imply that there has been, or would be, any finding that See Tickets violated the law.

You are a member of the Settlement Class if you are a resident of the United States whose information was accessed in the data security incident, and you received notice of the data security incident from See Tickets.

The Court has appointed a team of lawyers as Class Counsel.

Mason A. Barney
SIRI & GLIMSTAD LLP
745 Fifth Ave, Suite 500
New York, NY 10151

Class Counsel will petition to be paid legal fees and to be reimbursed for their reasonable expenses from the Settlement Fund. You do not need to hire your own lawyer, but you may choose to do so at your own expense.

See Tickets has agreed to establish a Settlement Fund, by depositing with the Settlement Administrator US $3,000,000.00 in cash. See Tickets will also enable each Settlement Class member that makes a claim to obtain a discount of US $7.50 off his or her next purchase through seetickets.us, within twelve months of distribution. Information on how to obtain and redeem the discount will be provided with each Settlement Class member’s settlement award.

The Settlement Fund will be used to pay attorneys’ fees and costs, a Service Payment for the Class Representative and settlement administration costs. After deducting amounts for attorneys’ fees and costs, a Service Payment for the Class Representative, and settlement administration costs, the remaining amount (“Net Settlement Amount”) will be used to pay timely valid claims.

A Settlement Class member who timely submits a valid and approved Claim Form shall be entitled to a Claimant Award, which includes two categories of awards. Depending on the documentation submitted a Settlement Class member may be eligible for one or both awards:

1. Cash Payment or Credit Monitoring - All Settlement Class members may choose either:
   1. Three years of three-bureau credit monitoring; or
   2. A pro rata cash payment of up to $100 from the funds remaining in the Net Settlement Amount after payment of the credit monitoring and the following categories of awards.
2. Reimbursement of Expenses - Any Settlement Class member who spent money because of the Data Security Incident, and submits valid documentation to establish this, is eligible for:
   1. Reimbursement of up to $1,000 in ordinary documented out of pocket expenses, such as unreimbursed bank fees (for example card replacement and over-limit fees), interest on short term loans, or postage incurred as a result of the Data Security Incident, this would also include the cost of credit reports, credit freezes or credit monitoring the Settlement Class member already purchased in response to the Data Security Incident; and
   2. Reimbursement of up to $5,000 in documented extraordinary expenses incurred from identity theft more likely than not caused by the Data Security Incident.
3. California Resident Benefit - Pursuant to protections in California law, any Settlement Class member who is a resident of California is entitled to a $100 California statutory damages award.

After payment of the above categories of awards, if any money remains from the Net Settlement Amount, that money will be distributed pro rata among all Settlement Class members who timely submitted a valid and approved Claim Form, or if too little money remains to make such a payment, the money will be donated to an appropriate charity.

See Tickets has also agreed to certain enhancements to its data security.

You must submit a completed Claim Form no later than September 27, 2023. You may submit a Claim Form online.

If you want to exclude yourself from the Settlement Class, sometimes referred to as “opting out,” you will not be eligible to recover any benefits as a result of this settlement and you will not receive a payment or have any rights under the Settlement Agreement. However, you would keep the right to sue See Tickets at your own expense about the legal issues raised in this lawsuit. You may exclude yourself from the settlement by mailing a written notice to the Settlement Administrator, postmarked on or before August 28, 2023. Your exclusion request letter must:

• Be in writing.
• State your current address.
• Contain the statement “I request that I be excluded from the Settlement Class in the case of Carter v. Vivendi Ticketing US, LLC d/b/a See Tickets.”
• Be signed by you; and
• Be mailed to the See Tickets Settlement Administrator, Attn: Exclusion, PO Box 58220, Philadelphia, PA 19102, postmarked on or before August 28, 2023.

If you are a member of the Settlement Class and you do not exclude yourself from the settlement, you can object to the settlement. To do so, you must file your written objection with the Court no later than August 28, 2023, and mail a copy to Class Counsel and See Tickets’ Counsel at the addresses listed below. Your written objection may include any supporting documentation you wish the Court to consider.

If your objection is submitted and overruled by the Court at the Final Approval hearing, you will remain fully bound by the terms of the Settlement Agreement and the Final Approval Order.

Mailing addresses for Class Counsel and See Tickets’ Counsel are as follows:

If you are a member of the Settlement Class and you do not exclude yourself from the settlement, you can object to Application for Class Counsel Fees. To do so, you must file your written objection with the Court no later than October 11, 2023, and mail a copy to Class Counsel and See Tickets’ Counsel at the addresses listed below. Your written objection may include any supporting documentation you wish the Court to consider.

If your objection is submitted and overruled by the Court at the Final Approval hearing, you will remain fully bound by the terms of the Settlement Agreement and the Final Approval Order.

Mailing addresses for Class Counsel and See Tickets’ Counsel are as follows:

Objecting means telling the Court that you do not like something about the settlement. You can object to the settlement only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the settlement. If you exclude yourself, you have no basis to object to the settlement because it no longer affects you.

Unless you exclude yourself, you will be part of the Settlement Class and you will be bound by the release of claims in the settlement. This means that if the settlement is approved, you cannot sue, continue to sue, or be part of any lawsuit against See Tickets or the other Released Parties asserting a “Released Claim,” as defined below. It also means that the Court’s Order approving the settlement and the judgment in this case will apply to you and legally bind you.

“Released Claims” means any and all actual, potential, filed, unfiled, known or unknown, fixed or contingent, claimed or unclaimed, suspected or unsuspected, claims, demands, liabilities, rights, causes of action, damages, punitive, exemplary or multiplied damages, expenses, costs, attorneys’ fees and/or obligations, whether in law or in equity, accrued or unaccrued, direct, individual or representative, of every nature and description whatsoever, whether based on federal, state, local, statutory or common law or any other law, against the Released Parties, or any of them, arising out of, or relating to, actual or alleged facts, transactions, events, matters, occurrences, acts, disclosures, statements, representations, omissions or failures to act in connection with the data security incident, and including all claims that were brought or could have been brought in the Action, belonging to any and all Settlement Class members, including but not limited to any state law or common law claims that they may have or had, such as under California’s Customer Records Act, California Civil Code section 1798.80, et seq. and/or California’s Consumer Privacy Act, California Civil Code section 1798.100, et seq. Each party expressly waives all rights under California Civil Code section 1542, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

“Released Parties” means See Tickets and its past, present, and future, direct, and indirect heirs, assigns, associates, corporations, investors, owners, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, agents, employees, attorneys, insurers, reinsurers, benefit plans, predecessors, successors, managers, administrators, executors, and trustees.

The Court will hold a Final Approval Hearing on October 30, 2023, at 1:30PM. At that hearing, the Court will determine the overall fairness of the settlement, hear objections, and decide whether to approve the requested attorneys’ fees and expenses, Service Payment for the Class Representatives, and settlement administration costs. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website and the Court’s docket for updates.

For more information, call the Settlement Administrator at 1-866-696-8889. You may also write to the Settlement Administrator via mail to See Tickets Settlement Administrator, 1650 Arch Street, Suite 2210 Philadelphia, PA 19103 or via email at info@SeeTicketsUSSettlement.com.