Mercer University finalizes settlement after data breach. Here are the terms
The class-action lawsuit against Mercer University filed by students and an instructor who were victims of a data breach was closed last week after a Macon federal judge approved settlement conditions.
Names, social security numbers and driver’s license numbers for more than 93,000 current and former Mercer University students and employees were leaked between Feb. 12, 2023, and Feb. 24, 2023. But university officials notified students, staff and faculty of the data breach three months later, which caused alumni members Ping Wang, Ana Lehnes, Emily Ramos, a John Doe and former professor Jennifer Kilkus to file lawsuits against the Corporation of Mercer University that same year.
The class-action suit sought relief for those five and others who experienced damaging effects of the breach.
The university announced its intent to pay damages to those affected in November and Judge Tilman Self III approved the settlement conditions on April 17, thus dismissing the lawsuit with prejudice, meaning Mercer University can’t be sued in the future regarding the data breach incident.
In the settlement, Mercer University agreed to pay to each person who made a valid claim:
- $450 for out-of-pocket losses and lost time spent responding to the incident
- $5,500 for extraordinary out-of-pocket losses from identity theft and fraud relating to the breach
- Two years of three-bureau credit monitoring services with Equifax, Experian or Transunion and identity insurance.
The monitoring services include dark web scanning that would immediately notify those affected if someone’s personal information was detected, according to the agreement.
Mercer University also agreed to pay an estimated $800,000 to implement data security-related measures that protect students’ and employees’ information, as well as $300,000 in administrative costs and attorney’s fees. Other than the plaintiffs in the lawsuit, other students, staff and faculty affected could receive settlement benefits through mercerdatasettlement.com if they had filed a claim.
The judge believed the settlement was entered in good faith, “following arms’ length negotiations and is non-collusive,” according to the final order and judgment. It was ruled to be fair, reasonable and in the best interests of those affected by the data breach.
No objections were filed, the order says.
The judge awarded attorneys William Federman and Kevin Laukaitis $300,000 in attorneys’ fees, costs and expenses. The award “is independent of the Court’s consideration of the fairness, reasonableness and adequacy of the Settlement,” the order states.
Wang, Lehnes, Ramos, Doe and Kilkus will each receive $1,500 for their service as class representatives.
Jennifer Fairfield, director of media relations for Mercer University, declined to comment further.
