RailWorks data breach class action settlement

Current and former employees have reached a RailWorks lawsuit settlement that provides identity theft protection and up to $50 in reimbursement for lost time following a 2020 RailWorks data breach.

Included in the Class is any individual who is a citizen or resident of the United States and is an employee, former employee, beneficiary, or dependent of an employee or former employee, or a vendor of RailWorks that received IRS Form 1099, and whose personal information was affected by the security incident (as reflected by RailWorks’ records pertaining to the incident). 

A class action lawsuit accused RailWorks of failing to guard certain current and former employees’ personal information, as well as that of their beneficiaries and dependents, and vendors who received a form 1099 from the Internal Revenue Service (IRS), during a Jan. 14, 2020, cyberattack.

RailWorks, which has denied all allegations of wrongdoing, is a rail contractor that offers services for industrial and transit projects, in addition to tech solutions, according to its website.

The RailWorks settlement agreement provides several forms of relief.

The company will offer and pay for credit monitoring and identity theft protection through April 1, 2023, for all Class Members who previously signed up for one year of credit monitoring and identity theft protection when offered by RailWorks in connection with the January 2020 security incident before the lawsuit was filed, without the need for filing a claim form.

This monitoring also will be available to Class Members who submit a claim form seeking identity theft protection within 30 days of the final judgment in the RailWorks data breach class action lawsuit.

Class Members also will be able to make a claim for lost time in the data breach settlement.

Those who have spent time remedying issues related to identity theft directly caused by the RailWorks data breach are eligible to be reimbursed for that time.

To make a claim for lost time, Class Members must submit a claim form with supporting documentation for up to five hours at a rate of $10 per hour, for a maximum of $50, if they enrolled in the identity theft protection and monitoring service offered by RailWorks before incurring the lost time.

The Class Member also must not have been reimbursed for their time by another source, such as insurance.

Also as part of the data breach settlement agreement, RailWorks has agreed to provide annual security training to certain personnel in 2021 and 2022, to expand its internal cyber-awareness communications, and to conduct a penetration test with 12 months of the final judgment in the class action lawsuit.

The deadline to submit a claim for identity protection in the RailWorks settlement has yet to be finalized, but will be 30 days after the Court issues its final approval order.

The final approval hearing in the RailWorks data breach settlement took place May 13, 2021.

Claim forms for time reimbursement must be submitted by May 18, 2021, if the last date the Class member expended was before March 19, 2021. 

Otherwise, lost-time claims are due 60 days after the date the Class Member last expended time, but no later than April 1, 2023.

Who’s Eligible

Any individual who is a citizen or resident of the United States and is an employee, former employee, beneficiary, or dependent of an employee or former employee, or a vendor of RailWorks that received IRS Form 1099, and whose personal information was affected by the security incident (as reflected by RailWorks’ records pertaining to the incident). 

Potential Award

Up to $50.

• Credit monitoring: The company will offer and pay for credit monitoring and identity theft protection through April 1, 2023, for all Class Members who previously signed up for one year of credit monitoring and identity theft protection when offered by RailWorks in connection with the January 2020 security incident before the lawsuit was filed, without the need for a claim form. This monitoring also will be available to Class Members who submit a claim form seeking identity theft protection within 30 days of the final judgment in the class action lawsuit.
• Reimbursement for lost time:  Class Members who have spent time remedying issues related to identity theft directly caused by the RailWorks data breach are eligible to be reimbursed for that time. To make a claim for lost time, Class Members must submit a claim form with supporting documentation for up to five hours at a rate of $10 per hour, for a maximum of $50, if they enrolled in the identity theft protection and monitoring service offered by RailWorks before incurring the lost time.

Proof of Purchase

Receipts, phone records, bank statements, or other documents showing the amount of time spent and/or a detailed narrative description. Those filing on behalf of a claimant must include documentation such as proof of authority, a death certificate, or other applicable documentation.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

Identity protection claims: About 06/12/2021, or 30 days after final approval is granted

Time reimbursement claims: 05/18/2021 if the last date the Class member expended was before 03/19/2021; otherwise, lost-time claims are due 60 days after the date the Class Member last expended time, but no later than 04/01/2023

Case Name

Coleman v. RailWorks Corp., Case No. 1:20-cv-02428-GBD (OTW) in the U.S. District Court for the Southern District of New York

Final Hearing

05/13/2021

Settlement Website

RWColemanSettlement.com

Claims Administrator

RW Coleman Settlement
Settlement Administrator
P.O. Box 2530
Portland, OR 97208-2530
1-855-940-5294
info@rwcolemansettlement.com

Class Counsel

Jeremiah Frei-Pearson
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER LLP

J. Nelson Thomas
Jessica L. Lukasiewicz
THOMAS & SOLOMON LLP

Defense Counsel

Linn F. Freedman
ROBINSON & COLE LLP

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