Borovoy v. Squishable.com, Inc.

Background

Christine Borovoy brought this class action against Squishable.com, Inc. The complaint alleged that the company failed to implement or maintain adequate data-security measures and safeguards for personal information involved in a data incident, causing injuries to Borovoy and other affected people.

The court had previously granted preliminary approval of a proposed class settlement, conditionally certified the settlement class, appointed Borovoy as class representative, appointed Kiley Grombacher and Mason A. Barney as class counsel, approved the notice process, and set a final fairness hearing. The court held that hearing on February 6, 2025.

Settlement Class and Notice

The court finally certified, for settlement purposes only, a class consisting of all people residing in the United States whose personally identifiable information was involved in the data incident. It also certified a California subclass consisting of all people residing in California whose personally identifiable information was involved in the incident. People who timely and validly excluded themselves, the judge assigned to evaluate the settlement, and certain people found criminally responsible for initiating, causing, aiding, or abetting the incident were excluded.

The court found that the notice program was the best notice practicable under the circumstances and provided sufficient notice of the settlement, the right to object, the right to appear at the final hearing, and the right to exclude oneself. The court also found that Squishable.com complied with the notice requirements of the Class Action Fairness Act. The order states that zero potential class members requested exclusion and that zero objections were filed.

Court’s Analysis and Rulings

The court approved the settlement under Federal Rule of Civil Procedure 23(e), which requires judicial review of class settlements. It found that the settlement was entered in good faith after arm’s-length, non-collusive negotiations and was fair, adequate, reasonable, and in the best interests of the settlement class. The court cited the risks, expense, delay, and uncertainty of continuing the litigation and possible appeals.

The settlement requires a claims process administered under the settlement agreement. Squishable.com must pay the costs of notice, claims administration, and preparing and mailing checks. Benefits are to be made available to class members who submit valid claim forms, according to the agreement’s terms.

The court approved Christine Borovoy as class representative and approved Kiley Grombacher of Bradley Grombacher LLP and Mason A. Barney of Siri & Glimstad LLP as class counsel. It approved a $1,500 service award to Borovoy and granted class counsel’s application for $95,000 in attorneys’ fees.

Release and Disposition

The judgment releases the covered claims arising from or relating to the alleged data incident and the litigation. Those claims include listed statutory, consumer-protection, negligence, contract, privacy, fraud, and other legal or equitable claims, as well as associated forms of relief. Class members who remain in the settlement are barred from pursuing released claims, while unrelated claims are preserved. The release does not apply to people who timely excluded themselves.

The settlement and judgment do not constitute an admission by Squishable.com of liability, wrongdoing, or a violation of law, and the court made no finding of liability or wrongdoing. The court directed the parties, their attorneys, and the settlement administrator to implement the agreement and retained jurisdiction over the parties and subject matter for interpreting and implementing it. The order states that it resolves all claims against all parties, is final, and dismisses the matter with prejudice and without costs except as provided in the settlement agreement.