Linneman, et al v. Turnkey Realty LLC

The notice was issued to inform Settlement Class Members about a proposed settlement of the class action lawsuit Linneman, et al. v. Turnkey Realty LLC, Montgomery County Court of Common Pleas No. 2022-15326.  The Court overseeing the lawsuit authorized the Notice to advise Settlement Class 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. 

The Lawsuit is a proposed class action settlement brought on behalf of all persons whose personal information may have been compromised as a result of the Data Security Incident involving Turnkey’s network and computer systems on or about September 10, 2021. 

In a class action, one or more plaintiffs (“Plaintiffs” or “Class Representatives”) bring a lawsuit on behalf of others who are alleged to have similar claims.  Together, all of these people are the “Settlement Class”, and each individually is a “Settlement Class Member.”  There are two Class Representatives in this case: Emily Linneman and Steven Checchia.

The Class Representatives, through their attorneys, investigated the facts and law relating to the issues in the litigation.  The Class Representatives and Settlement Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class.  The Court has not decided whether the Class Representatives’ claims or Defendant’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 the Defendant did anything wrong, or that the Class Representatives and the Settlement Class would or would not win the case if it were to go to trial.

The Settlement Class is defined as any person to whom Turnkey provided notification that his or her personal information might have been compromised in the Data Security Incident that occurred on or about September 10, 2021.

The Settlement Class specifically excludes (i) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (ii) the Judge assigned to evaluate the fairness of this settlement; and (iii) any other Person who is found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Security Incident or who pleads nolo contendere to any such charge.

Settlement Class Members may file claims for Credit Monitoring Services, Documented Ordinary Losses, Documented Extraordinary Losses, and/or Compensation for Lost Time.

Credit Monitoring: Settlement Class Members are eligible upon submission of a valid Claim Form for three (3) years of single bureau credit monitoring services, with $1,000,000 in reimbursement insurance, and identity restoration services.

Documented Ordinary Losses: Up to $350 per Settlement Class Member for Ordinary Losses for unreimbursed out-of-pocket costs incurred mitigating against identity theft arising from the Data Security Incident, as supported by third-party documentation.

Documented Extraordinary Losses: Up to $5,000 per Settlement Class Member for Extraordinary Losses for unreimbursed Economic Losses incurred mitigating against identity theft arising from the Data Security Incident, as supported by third-party documentation.

Lost Time: Reimbursement for up to four (4) hours of Lost of Lost Time since September 10, 2021 at $25.00/hour, if at least one (1) full hour was spent remedying fraud, identity theft, or other alleged misuse of personal information fairly traceable to the Data Security Incident or spent on preventative and remedial measures to protect personal information that are fairly traceable to the Data Security Incident.

Remedial Measures/Security Enhancements: Turnkey has implemented and shall continue to implement data enhancement measures to provide security for Plaintiffs’ and Settlement Class Members’ Personal Information. Costs associated with these security enhancement measures have been paid and will be paid by Turnkey separate and apart from other settlement benefits.

Settlement Class Members who do not validly exclude themselves from the Settlement will be bound by the Class Action Settlement Agreement and Release of Claims (“Settlement Agreement”), and any final order or judgment entered by the Court and will give up their right to sue the Defendant for the claims being resolved by the Settlement.  The claims that Settlement Class Members are releasing, and the persons and entities being released from those claims are described in the Settlement Agreement.  To view the Settlement Agreement, please visit the Important Documents section of this website.

Settlement Class Members who submit a valid claim form using the Claim Form will be eligible to enroll in three (3) years of credit monitoring and identity restoration services. This benefit is available to all Settlement Class Members, regardless of whether they previously enrolled in any credit monitoring services offered by Turnkey.

Credit Monitoring will be supplied by IDX.  All Settlement Class Members will be eligible to claim one year of credit monitoring services through IDX upon submission of a valid Claim Form. If the settlement is ultimately approved, Class Members making a claim for the credit monitoring will be provided with a code required to activate credit monitoring.  Credit monitoring services through IDX provide single bureau credit monitoring, automatic fraud alerts, $1M reimbursement insurance, and identity restoration services.

Settlement Class Members are eligible for compensation for unreimbursed ordinary losses up to a total of $350 per Settlement Class Member, upon submission of a valid Claim Form and supporting documentation.

Ordinary losses may include unreimbursed losses relating to fraud or identity theft, professional fees including attorneys’ fees, accountants’ fees, 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; and fees for credit reports, credit monitoring, or other identity theft insurance product purchased following the expiration of the credit monitoring and identify theft insurance coverage that was offered at the time of notification.

Settlement Class Members are eligible for compensation for extraordinary losses up to $5,000, upon submission of a valid Claim Form and supporting documentation, provided that the Documented Economic Losses must (i) be actual, documented and unreimbursed monetary loss; (ii) more likely than not been caused by the Data Security Incident; and (iii) the claimant is required to have 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.

Any Settlement Class Member may also submit a Claim Form seeking payments for up to four (4) hours of Lost Time since September 10, 2021 at $25.00/hour, if at least one (1) full hour was spent remedying fraud, identity theft, or other alleged misuse of personal information fairly traceable to the Data Security Incident or spent on preventative and remedial measures to protect personal information that are fairly traceable to the Data Security Incident.  Claims for lost time must be supported by a written statement describing how the time spent was related to the Data Security Incident.

Yes, the total payments to Settlement Class Members shall not exceed $600,000.00, which will include all monetary compensation to be paid to the class as part of this settlement (except for the Service Awards to be paid separately by the Defendant). In the event total claims exceed $600,000.00, each claim shall be reduced on a pro rata basis.

If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement.  However, if you wish to receive a settlement benefit, you must complete and submit a Claim Form postmarked or submitted online by September 27, 2023.  You may submit a Claim Form online by visiting the Submit Claim page of this website.

If you do not want to give up your right to sue the Defendant about the Data Security Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class.  

If you object to the settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and file a written objection in this case with the Court. If you object, you must still submit a claim if you want to receive settlement benefits.

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

You may complete the Claim Form by visiting the Submit Claim page of this website. You may also obtain a paper Claim Form by downloading it from the Important Documents section of this website or by calling the Claims Administrator at 1-833-330-0999.  If you choose to complete a paper Claim Form you may either submit the completed and signed Claim Form and any supporting materials electronically by visiting this website or mail them to:

Turnkey Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103

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 required information will result in the rejection of the claim.

For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, Linneman, et al v. Turnkey Realty LLC, Montgomery County Court of Common Pleas No. 2022-15326; (b) the Settlement Class Member’s full name, address, and telephone number; (c) the Settlement Class Member’s personal and original signature (or the personal and original signature of a Person previously authorized by law to act on behalf of the Settlement Class Member with respect to the claims asserted in the Lawsuit); and (d) clearly manifest a Person’s intent to be excluded from the Settlement. You must mail your request postmarked no later than August 28, 2023, to this address:

Turnkey Claims Administrator
Attn: Exclusions
P.O. Box 58220
Philadelphia, PA 19102

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.

No.  Unless you exclude yourself, you give up any right to sue the Defendant for the claims that this Settlement resolves.  You must exclude yourself from the Settlement Class 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 payment.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for November 9, 2023, at 9:00 A.M., at the Montgomery County Courthouse at 2 E. Airy St. Norristown, PA 19401. 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 Settlement Class Counsel’s request for attorneys' fees and costs, and the request for a service award for the Class Representatives. 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.

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 FAQ 20. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.

If the Court approves the Settlement and no appeal is taken, the Claims Administrator will send Settlement payments to Settlement Class Members who submitted timely and valid claim forms after the Effective Date. 

If any appeal is taken, it is possible the Settlement could be disapproved on appeal.

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

The Court has appointed Patrick Howard of Saltz Mongeluzzi & Bendesky, PC; Samuel J. Strauss and Raina C. Borrelli of Turke & Strauss LLP; Michael Eisenband of Eisenband Law, P.A.; Manuel Hiraldo of Hiraldo P.A. & Andrew Carroll at Caroll Law Office, P.C. to represent you and the Settlement Class. These attorneys are called Settlement Class Counsel. You will not be charged for their services; 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 approval hearing. 

Settlement Class Counsel will seek an order from the Court awarding an amount not to exceed $385,000 for attorneys’ fees, costs, and expenses. 

Settlement Class Counsel will also seek an order from the Court awarding $2,500 in Service Awards to each of the two (2) Class Representatives. 

These payments will not impact the amount of compensation available to Settlement Class Members.

The above is a summary of the basic terms of the Settlement. For the precise terms and conditions of the Settlement, you are referred to the detailed Settlement Agreement available on the Important Documents page of this website. You may contact Claims Administrator by mail, email or phone:

Turnkey Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@TurnKeyDataSecurityIncidentSettlement.com
1-833-330-0999

PLEASE DO NOT TELEPHONE THE COURT OR DEFENDANT’S COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT.