Frequently Asked Questions

A Court authorized this Website to inform potential class members of this proposed settlement. This Website describes the lawsuit, the general terms of the proposed settlement and what it may mean to you. This Website also explains how to participate in, or exclude yourself from, the Settlement if your information was stored in the KPC at the time of the December 2021 KPC Cyberattack and you were impacted by the interruption of applications hosted in the KPC resulting from the December 2021 KPC Cyberattack.

For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this Settlement, see FAQ 5.

On December 2021 UKG was a target of a ransomware attack on its KPC, which affected the availability of KPC applications. When UKG detected the December 2021 KPC Cyberattack, UKG took immediate action to contain it by, among other things, taking the KPC environment offline.

Following the December 2021 KPC Cyberattack, multiple putative class action lawsuits were filed against UKG by employees of KPC customers. As to the Nationwide Class, the lawsuits allege that the December 2021 KPC Cyberattack caused personal losses to Settlement Class Members responding to the December 2021 KPC Cyberattack. Furthermore, as to the Exfiltration Subclass, the lawsuits allege that the December 2021 KPC Cyberattack caused additional losses to individuals associated with the two KPC customers who had personal data exfiltrated. The most recent version of the lawsuit, which describes the specific legal claims alleged by the Plaintiffs, is available in the Documents section of this Settlement Website. UKG denies any wrongdoing. No court or other judicial entity has made any judgment or other determination of any wrongdoing by UKG.

In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “class” or “class members.” Because this is a class action Settlement, even persons who did not file their own lawsuit can obtain benefits provided under the settlement, except for those individuals who exclude themselves from the Settlement Class by the deadline.

The Court has not decided in favor of Plaintiffs or UKG. Instead, both sides agreed to a settlement after a lengthy mediation process overseen by a neutral mediator. Settlements avoid the costs and uncertainty of a trial and related appeals, while more quickly providing benefits to Settlement Class Members. The Class Representatives appointed to represent the class and the attorneys for the settlement class (“Class Counsel,” see FAQ 14) believe that the Settlement is in the best interests of the Settlement Class Members.

You are a Nationwide Class Member if you are a natural U.S. person who was or is an employee or contractor of a UKG customer, or a dependent of either, whose data was stored in the KPC at the time of the December 2021 KPC Cyberattack and you were impacted by the resulting interruption of KPC products and services. You also may be a California Subclass Member if you were a California resident at the time of the December 2021 KPC Cyberattack, You also may be an Exfiltration Subclass Member if you were sent notice that your personal data was exfiltrated during the December 2021 KPC Cyberattack and were offered credit monitoring services for yourself and/or your dependent(s). If you received a notice of this settlement directly by mail identifying you and/or your dependent(s) as an Exfiltration Subclass Member, you are likely a member of the Exfiltration Subclass.

You can also inquire as to whether you are a member of any class and eligible for benefits, by:

• Calling 1-833-747-6267

Excluded from the Settlement are:

    • Officers, directors, and employees of UKG;

    • The presiding judge and any judicial staff involved in the lawsuit and their families;

    • Non-natural persons;

    • Any Settlement Class Member who opts-out (see FAQ 17)

UKG will pay $5,500,000 into a Settlement Fund which may be supplemented by up to $500,000 should Approved Claims exhaust the initial funding (after the deduction of Settlement Administrator Expenses, Fee Award, Litigation Costs, and Service Awards). The Settlement Fund will be used to:

    • Make cash payments for Ordinary Losses (Out-Of-Pocket Expenses and Lost Time) (see FAQ 7)

    • Make cash payments for Extraordinary Losses (see FAQ 8)

    • Make additional cash payments to Exfiltration Subclass Members of $100 and California Subclass Members of $30 (these amounts can be combined if a member of both subclasses);

    • Pay the costs of notifying Settlement Class Members and administering the Settlement;

    • Pay Service Awards to Settlement Class Representatives, as approved by the Court (see FAQ 16)

    • Pay attorneys’ Fee Award and Litigation Costs, as approved by the Court (see FAQ 15)

Settlement Benefit: Payment for Unreimbursed Out-of-Pocket Expenses: If you spent money as a result of the December 2021 KPC Cyberattack that has not been previously reimbursed by a third party, then you can submit a claim for reimbursement of up to $1,000 (including your claim for Lost Time). Out-of-Pocket Expenses that are eligible for reimbursement include, the following:

    • Long distance phone charges, cell phone charges (only if charged by the minute) and data charges (only if charged based on the amount of data used);

    • Unreimbursed banks fees (documented), credit monitoring (documented), or late fees (documented), all of which must be more likely than not caused by and fairly traceable to the December 2021 KPC Cyberattack and subsequent interruption of applications hosted in the KPC;

This list provides examples only, and other losses or costs that you believe are fairly traceable to the December 2021 KPC Cyberattack may also be eligible for reimbursement. Lost wages are not an unreimbursed out-of-pocket expense.

Claims for Out-of-Pocket Expenses must be supported by a sworn attestation that substantiates the full amount of the claim that has not been previously reimbursed by a third party being. To claim reimbursement for bank fees, credit monitoring or late fees, you must also provide “Reasonable Documentation.” Reasonable Documentation means documentation supporting your claim, including, but not limited to credit card statements, bank statements, invoices and receipts.

The Settlement Administrator will decide if your claim for Out-of-Pocket Expenses is valid. Only valid claims will be paid. The deadline to file a claim for Out-of-Pocket Expenses is October 3, 2023.

The amount of your claim may be reduced or increased depending on the total number and amount of Approved Claims. See FAQs 9 and 10.

Settlement Benefit: Cash Payment for Lost Time: If you spent personal time responding to issues resulting from the December 2021 KPC Cyberattack that has not been previously reimbursed by a third party, including time spent responding to interruption of applications hosted in the KPC (not including lost or unreimbursed wages), you may submit a claim for up to four hours of lost personal time at $25/hour, which may include, but is not limited to, time spent: (i) dealing with delayed payments; (ii) dealing with interruption of access to information stored in the KPC, or (iii) taking preventative measures (for example, time spent reviewing your accounts, placing or removing security freezes on your credit report, or purchasing credit monitoring or identity protection) or (iv) if you are a member of the Exfiltration Subclass, remedying fraud, identity theft, or other alleged misuse of your personal information that you believe is fairly traceable to the December 2021 KPC Cyberattack, then you may make a claim for reimbursement for Lost Time at $25 per hour. Valid claims for Lost Time will be reimbursed in one hour increments.

The deadline to file a claim for Lost Time is October 3, 2023.

The amount of your claim may be reduced or increased depending on the total number and amount of Approved Claims. See FAQs 9 and 10.

If you spent money trying to recover from fraud or identity theft that was more likely than not caused by and fairly traceable to the December 2021 KPC Cyberattack and you are a member of the Exfiltration Subclass, then you can submit a claim for reimbursement up to $7,500. Monetary losses for Extraordinary Losses that are eligible for reimbursement may include, without limitation, the following

        
     • Unreimbursed costs, expenses, losses or charges you paid on or after December 2021, because of identity theft or identity fraud, falsified tax returns, or other alleged misuse of your personal information that you believe was fairly traceable to the December 2021 KPC Cyberattack;

    • Professional fees incurred in connection with addressing identity theft, fraud, or falsified tax returns that you believe were fairly traceable to the December 2021 KPC Cyberattack.

This list provides examples only, and other losses or costs that are fairly traceable to the December 2021 KPC Cyberattack may also be eligible for reimbursement. To make a claim for Extraordinary Losses you must have made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring services and identity theft insurance.

To claim reimbursement for Extraordinary Losses as an Exfiltration Subclass Member, you must also provide “Reasonable Documentation.” Reasonable Documentation means documentation supporting your claim, including, but not limited to credit card statements, bank statements, invoices, telephone records, and receipts. Except as expressly provided in this notice, personal certifications, declarations, or affidavits from the claimant do not constitute Reasonable Documentation but may be included to provide clarification, context or support for other submitted Reasonable Documentation.

The Settlement Administrator will decide if your claim for Out-of-Pocket Losses is valid. Only Approved Claims will be paid. The deadline to file a claim for Out-of-Pocket Losses is October 3, 2023.

The amount of your claim may be reduced or increased depending on the total number and amount of Approved Claims. See FAQs 9 and 10.

The Settlement Fund will be used to pay claims for all Ordinary and Extraordinary Losses, additional cash compensation for Exfiltration and California Subclass Members, Settlement Administration Expenses, and Service Awards for Settlement Class Representatives and Attorneys’ Fee Award and Litigation Costs, as approved by the Court.

If there are leftover Settlement Funds, Settlement Class Members who submit Approved Claims will receive an equal share as an enhancement of their cash compensation up to the Net Settlement Fund (not including the $500,000 supplemental settlement payment) on a per person basis.

Any remaining Settlement Funds resulting from the failure of Settlement Class Members to timely negotiate a Settlement Check shall be paid to the Cy Pres recipient such that no funds revert to UKG.

If the payments described in FAQs 7 and 8 exceed the Settlement Fund, the cash payments will be reduced on a pro rata basis. To satisfy a pro rata reduction, counsel for the Parties intend to decrease the hourly rate of lost time. Exfiltration Subclass Members will be compensated first for the additional cash benefit and Extraordinary Losses.

To file a claim for Ordinary Losses (including Lost Time), Extraordinary Losses, and/or cash benefits to Exfiltration and California Subclass Members, you will need to file a Claim Form. The easiest way to submit a Claim Form is online, using the online claim filing portal. You can also download a paper Claim Form in the Documents section of this Website.

The deadline to file a claim is October 3, 2023 (this is the last day to file online and the postmark deadline for mailed claims).

Payments for Approved Claims will be made after the Court enters a final judgment and the Settlement becomes final. This may take several months or more; please be patient. Periodic updates will be posted on this Settlement Website.

Payments for Approved Claims will be made by the Settlement Administrator in the manner you select (various electronic payment options or a paper check).

If you make a claim under the Settlement, or if you do nothing, you will be releasing all of your legal claims against UKG relating to the December 2021 KPC Cyberattack as defined in the Settlement Agreement when the Settlement becomes final. By releasing your legal claims, you are giving up the right to file, or to continue to pursue, separate legal claims against or seek further compensation from UKG for any harm related to the December 2021 KPC Cyberattack or the claims alleged in the lawsuits—whether or not you are currently aware of those claims—except the release does not include claims for wages of any kind.

Unless you exclude yourself from the Settlement (see FAQ 17) all of the decisions by the Court will bind you. That means you will be bound to the terms of the Settlement and accompanying court orders, and cannot bring a lawsuit or be part of another lawsuit against UKG regarding the December 2021 KPC Cyberattack.

Paragraph 60 of the Settlement Agreement defines the claims that will be released by Settlement Class Members who do not exclude themselves from the Settlement. You can access the Settlement Agreement and read the specific details of the legal claims being released in the Documents section of this Settlement Website.

If you have any questions, you can contact the Settlement Administrator (see FAQ 19).

Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Class Counsel.”

You will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

If you have questions about making a claim, please contact the Settlement Administrator (see FAQ 19).

Class Counsel have undertaken this case on a contingency-fee basis, meaning they have paid for all of the expenses in the case and have not been paid any money in relation to their work on this case. Accordingly, Class Counsel will ask the Court to award them Attorneys’ Fee Award of up to thirty-three and 1/3 (33.33%) of the Settlement Fund provided under this Settlement and reimbursement for Litigation Costs and expenses to be paid from the Settlement Fund not to exceed $50,000. The Court will decide the amount of fees and costs and expenses to be paid. You will not have to separately pay any portion of these fees yourself. Class Counsel’s request for Attorneys’ Fee Award and Litigation Costs (which must be approved by the Court) will be filed by August 14, 2023 and will be available to view on this Settlement Website.

The Class Representatives in this action are listed in the Settlement Agreement, which is available in the Documents section of this Settlement Website. Class Counsel will ask the Court to award the Class Representatives “Service Awards” of $7,500 each for the time that they spent, and the risks that they undertook, in bringing this lawsuit on behalf of the class. This amount will have to be approved by the Court. Any amount approved by the Court will be paid from the Settlement Fund.

If you are a Settlement Class Member but do not want to remain in the class, you may exclude yourself from the Settlement Class (also known as “opting out”). If you exclude yourself from the Settlement Class, you will lose any right to participate in the Settlement, including any right to receive the benefits outlined in this notice.

If you decide to exclude yourself, you may keep any rights you have, if any, against UKG, and you may file your own lawsuit against UKG based upon the same legal claims that are asserted in this lawsuit, but you will need to find your own attorney at your own cost to represent you in that lawsuit. If you are considering this option, you may want to consult with an attorney.

IMPORTANT: You will be bound by the terms of the Settlement Agreement unless you submit a timely and signed written request to be excluded from the Settlement. To exclude yourself from the Settlement you may mail a “request for exclusion,” postmarked no later than September 18, 2023, to the P.O. box below, or you may send it via email to [email protected].

This statement must contain the following information

If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude yourself from the Settlement Class, and your rights will be determined in this lawsuit by the Settlement Agreement if it is approved by the Court.

If you are a Settlement Class Member, you have the right to tell the Court what you think of the Settlement. You can object to the Settlement if you don’t think it is fair, reasonable, or adequate, and you can give reasons why you think the Court should not approve it. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the Settlement as set forth in Settlement Agreement.

To object, you must send a written objection stating that you object to the Settlement. Your objection must include:   

    (1) The case name and number of this action (In re UKG Inc. Cybersecurity Litigation, Master Docket No. 3:22-cv-00346 (N.D. Cal.));        
    (2) Your full name and current address and telephone number, and if you are represented by counsel, those of your counsel;
    (3) A statement whether the objection applies only to you, to a specific subset of a class, or to the entire class;
    (4) A statement that you believe yourself to be a member of the Settlement Class;
    (5) A statement of the specific grounds for the objection and any documents or writings you desire the Court to consider; and
    (6) A statement of whether you intend to appear at the Final Approval Hearing, and if so, whether personally or through counsel.

In addition, for any objection made with the assistance of any attorney, law firm staff, or other person who may profit from the pursuit of the objection to be valid, the objection must include the following:
    (7) A written statement of any legal support for such objection;
    (8) Copies of any papers, briefs, or other documents upon which the objection is based that the objector wishes the judge to consider when reviewing the objection
    (9) A list of all persons who will be called to testify in support of the objection, if any; and
    (10) A detailed list of any other objections and any orders pertaining to the prior objections, the objector, or his or her counsel or other person who may profit from the pursuit of the objection submitted in any action in the previous five (5) years. If the Settlement Class Member or his or her counsel or other person who may profit from the pursuit of the objection has objected to any other class action Settlement in the previous five (5) years, he, she, or it shall affirmatively state so in the written materials provided in connection with the objection to this Settlement.

To be considered by the Court, your written objection must be filed electronically with the Court by September 18, 2023, or mailed (and postmarked) no later than September 18, 2023, to the following address:

If you do not comply with these procedures and the deadline for objections, you may lose any opportunity to have your objection considered at the Final Approval Hearing or otherwise to contest the approval of the Settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed settlement. You will still be eligible to receive Settlement benefits if the Settlement becomes final even if you object to the Settlement.

The Court has scheduled a Final Approval Hearing to listen to and consider any concerns or objections from Settlement Class Members regarding the fairness, adequacy, and reasonableness of the terms of the Settlement. That hearing is currently scheduled to take place on November 17, 2023, at 10:00 a.m. PT, before the Honorable Susan Illston, at the United States District Court for the Northern District of California located in Courtroom 1 – 17 Floor of the San Francisco Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. This hearing date and time may be moved. Please click this link to access the Final Approval Hearing hearing https://www.cand.uscourts.gov/si. Please refer to this Settlement Website for updates. 

If you have questions about this Website for the Settlement, you may go to the Documents section of this Settlement Website. For more information or to request a copy of this document be sent to you in the mail, you may contact the Settlement Administrator at 1-833-747-6267 or by mailing a letter to:

If you wish to communicate directly with Class Counsel, you may contact them (contact information noted above in FAQ 14). You may also seek advice and guidance from your own private lawyer at your own expense, if you wish to do so.

This Website is only a summary of the lawsuit and the Settlement. Other related Documents can be accessed through the Settlement Website. If you have questions about the proposed Settlement or wish to receive a copy of the Settlement Agreement but do not have access to the Internet to download a copy online, you may contact the Settlement Administrator. The Court cannot respond to any questions regarding this Website, the lawsuit, or the proposed Settlement.

Please do not contact the Court, its Clerks, or UKG.