Who is a Class Member
The TIMCO Aviation data breach class action settlement class includes “all current and former employees of Timco and its parent, subsidiary, or affiliate companies whose W-2 data was compromised as a result of the Data Disclosure which occurred on or about March 2016.”
If you believe you should be included in the settlement but did not receive a notice, please contact the Settlement Administrator.
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
- Up to $250 plus Identity Theft Protection
Class members can obtain compensation in one of three categories:
- Category A: $250 – Class members who had a false tax return filed in their name for the first time after March 15, 2016.
- Category B: $150 – Class members who had an IRS tax transcript requested using their personal information for the first time in 2016 and submitted an Identity Theft Affidavit to the IRS.
- Category C: Up to $150 – Class members who suffered out-of-pocket expenses (other than purchase of identity theft services) as a result of the data breach.
Additionally, Class members who purchased their own identity theft protection services in response to an IRS notice of possible identity theft between March 15, 2106 and April 19, 2016 can receive reimbursement for the purchase of up to 36 months of the service, not to exceed $350. Also, Class members who did not elect to obtain TIMCO’s offering of two years of Experian ProtectMyID Elite can now request coverage.
Proof of Purchase
- If you purchased identity theft protection at your own expense, you will need to provide documentation to prove your purchase. To claim out-of-pocket expenses other than purchase of identity theft protection services, you will need to provide supporting documents such as copies of receipts or invoice/billing statements.
TIMCO Aviation Data Breach Settlement Notes
- David Linnins, et al. v. TIMCO Aviation Services, Inc.
- Case No. 16cv486
- Pending in the U.S. District Court for the Middle District of North Carolina
Plaintiffs David Linnins, Kim Wolfington, and Carol Blackstock filed this class action lawsuit in response to an employee data breach at TIMCO Aviation.
On April 29, 2016, TIMCO acknowledged in March 2016 that one of their HR employees received a scam email requesting the 2015 W-2 data for all of the company’s employees. The TIMCO employee complied with the request in the email by sending an unencrypted data file which contained copies of W-2 statements and personally identifying information on employees, including names, mailing addresses, Social Security numbers, and wage and withholding information to unknown cyber criminals.
This compromised data contained PII for every employee who worked at and received wages from TIMCO during the time period of January 1, 2015 through December 31, 2015. It is estimated that approximately 3,000 current and former TIMCO employees had their PII compromised as a result of the data breach.
Almost immediately, the cyber criminals filed fraudulent tax returns in the names of many of the employees. The plaintiffs claim that TIMCO failed to adequately secure and safeguard the PII of current and former employees and for failed to provide timely and adequate notice to them that their information had been stolen.
“This Data Disclosure was caused by Timco’s voluntary disclosure of the PII of its current and former employees, ironically at a time in the calendar year when W-2 information is most vital and valuable. Timco was not without warning of this phishing email scam, yet it failed to implement adequate measures to protect its employees’ PII,” the lawsuit states.
TIMCO denies any wrongdoing and denies all claims. Complete details about the case and settlement are provided on the TIMCO Aviation Data Breach settlement website.
Class members who wish to object to or exclude themselves from the TIMCO Aviation Data Breach settlement must do so by May 1, 2018. Class members who wish to participate in the settlement must submit a claim form on or before May 1, 2018.
- 5/1/18: Claim Form Deadline
- 5/1/18: Objection or Exclusion Deadline
- 5/31/18: Final Hearing at 2:00 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.TASettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Linnins v. Timco Claim Administrator, c/o Epiq, P.O. Box 4068, Portland, OR 97208-4068
- Phone: 1-844-616-6619