Frequently Asked Questions

This is a Court-authorized Notice of a proposed Settlement in a class action lawsuit, Brown et al. v. Uponor, Inc. et al., 19HA-CV-24-4067, Dakota County, Minnesota. The Settlement will resolve a lawsuit brought on behalf of persons who allege Uponor, Inc. and Uponor North America, Inc. (“Defendants” or “Uponor”) committed negligence and other legal violations in connection with a November 2022 Data Security Incident. Uponor denies these allegations, denies violations of any law, and denies all liability. 

If you received the Notice, you have been identified by Uponor as someone whose personal information was impacted or potentially compromised as a result of the November 2022 Data Security Incident. The Court has granted preliminary approval of the Settlement Agreement and has conditionally certified the Settlement Class for purposes of Settlement. The Notice explains the nature of the lawsuit, the terms of the Settlement Agreement, and the legal rights and obligations of the Settlement Class Members. Please read the instructions and explanations below so you can understand your rights.

On or about November 5, 2022, Uponor experienced a Data Security Incident that resulted in a third-party obtaining personnel files with information about current and former employees and their dependents or beneficiaries. Potentially exposed Personal Information included names, Social Security Numbers, dates of birth, and payroll information. Uponor notified the potentially affected individuals it could identify, i.e., those receiving the Notice, and offered to provide, at no expense, up to two (2) years of Allstate Identity Protection services. 

This lawsuit alleges that Uponor’s handling of the Data Security Incident was negligent, among other legal violations, and caused the Settlement Class to suffer damages. Uponor denies these allegations, denies violations of any law, and denies all liability.

All Settlement Class Members are eligible to apply for the following relief, provided that they sign and submit a Claim Form by the Response Deadline of April 15, 2025, and comply with all other terms of the Notice and the Settlement Agreement (including providing supporting documentation, as necessary). The total relief delivered to the Settlement Class will not exceed $800,000. 

Documented Out of Pocket Expense Reimbursement (Ordinary Losses): All Settlement Class Members are eligible to receive reimbursement for the following documented out-of-pocket expenses, not to exceed $500 per Settlement Class Member, that were incurred as a result of the Data Security Incident: (i) unreimbursed bank fees; (ii) long distance phone charges; (iii) cell phone charges (only if charged by the minute); (iv) data charges (only if charged based on the amount of data used); (v) postage; (vi) gasoline for local travel; and (vii) fees for credit reports, credit monitoring, or other identity theft insurance products purchased by Settlement Class Members between November 5, 2022 and April 15, 2025. To receive reimbursement for any of the above-referenced out-of-pocket expenses, Settlement Class Members must submit a valid and timely claim, including necessary supporting documentation, to the Settlement Administrator.

Lost Time Reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to four (4) hours of lost time spent dealing with the Data Security Incident (calculated at the rate of $25 per hour), but only if at least one (1) full hour was spent dealing with the Data Security Incident. Settlement Class Members may receive reimbursement for lost time if the Settlement Class Member (i) attests that any claimed lost time was spent responding to issues raised by the Data Security Incident; and (ii) completes the Claim Form identifying how the claimed lost time was spent related to the Data Security Incident. Claims made for lost time can be combined with reimbursement for out-of-pocket expenses and are subject to the same $500 cap for all Settlement Class Members. To receive reimbursement for any of the above-referenced lost time, Settlement Class Members must submit a valid and timely claim, including necessary supporting documentation, to the Settlement Administrator.

Documented Extraordinary Loss Reimbursement: Settlement Class Members are further eligible to receive reimbursement for extraordinary losses, not to exceed $5,000 per Settlement Class Member, for any documented monetary loss that was caused by the Data Security Incident and: (i) is actual, documented, and unreimbursed; (ii) occurred between November 5, 2022 and April 15^th, 2025; and (iii) is not already covered by any of the above-referenced documented out-of-pocket expenses or lost time reimbursement categories. Settlement Class Members must also provide documentation that he or she 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. To receive reimbursement for any of the above-referenced losses, Settlement Class Members must submit a valid and timely claim, including necessary supporting documentation, to the Settlement Administrator.

Alternative Cash Payment: Alternatively, Settlement Class Members who choose not to seek reimbursement for “ordinary” or “extraordinary” losses (including any losses related to “lost time”) may elect to receive a $25 “alternative cash payment.” 

Credit Monitoring: If you previously signed up for monitoring offered by Uponor, you may elect to receive credit monitoring for one (1) additional year. If you did not previously sign up for monitoring, you may elect to receive two (2) years of credit monitoring.

To resolve this matter without the expense, delay, and uncertainties of litigation, the Parties have reached a Settlement which resolves all claims against Uponor relating to the allegations in the Action. The Settlement Agreement requires Uponor to offer monetary and other relief to the Settlement Class, as well as pay Notice and Claims Administration Costs, attorneys’ fees and costs or Fee Award to Settlement Class Counsel, and an Incentive Award to the Settlement Class Representatives. The Settlement is not an admission of wrongdoing by Uponor and does not imply that there has been, or would be, any finding that Uponor violated the law. Uponor agreed to the Settlement to avoid the distraction and expense of continued litigation.

All persons whose Personal Information was impacted or potentially compromised as a result of the Data Security Incident that occurred on or about November 5, 2022. Uponor estimates that there are 7,158 individuals in the Settlement Class.

(1)       Submit a Claim Form.

If you are a Settlement Class Member and submit an Approved Claim Form by April 15, 2025, then you will receive the relief requested in exchange for giving up your rights as set forth in the Settlement Agreement.

(2)       Exclude Yourself.

If you do not want the relief offered in the Settlement, you may exclude yourself. If you do so, you will not receive any payment or other relief, but you will not release any claims you may have against Uponor and the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal rights you may have, including pursuing your own lawsuit against Uponor at your own risk and expense. To exclude yourself from the Settlement, you must email to the Settlement Administrator at [email protected] no later than March 17, 2025 or mail to the Settlement Administrator at:

Uponor Data Settlement

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

postmarked no later than March 17, 2025, a letter with the following information: the name of this Action (Brown et al. v. Uponor Inc.); your full name, address, telephone number; a clear statement that the you wish to be excluded from the Settlement Class; and your own signature.

(3)       Object to the Settlement.

If you wish to object to the Settlement, you must submit your objection in writing to the Clerk of the Dakota County District Court (First Judicial District) for filing. The objection must be received by the Court no later than March 17, 2025. You must also send a copy of your objection to the attorneys for all Parties to the lawsuit, including Settlement Class Counsel (Strauss Borelli PLLC, 980 N. Michigan Avenue, Suite 1610, Chicago, Illinois 60611, [email protected], [email protected]) as well as the attorneys representing Uponor (Faegre Drinker Biddle & Reath LLP, 90 S. 7th Street, Suite 2200, Minneapolis, MN 55402, [email protected], [email protected], [email protected], [email protected]), postmarked no later than March 17, 2025 (if mailed) or sent no later than March 17, 2025 (if emailed). 

Any objection to the proposed Settlement must include your (a) full name, current address and telephone number; (b) the specific grounds for the objection, (c) all documents or writings that you desire the Court to consider and the identities of any witnesses you intend to present; (d) the name and contact information of any and all attorneys representing you in connection with the objection; (e) a statement indicating whether you intend to appear at the Final Approval Hearing; and (f) your signature. If you hire an attorney in connection with making an objection, that attorney must also file with the Court a notice of appearance by the Objection Deadline of March 17, 2025. If you do hire your own attorney, you will be solely responsible for payment of any fees and expenses the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.

You may appear at the Final Approval Hearing, which is to be held remotely on April 21, 2025 at 11:00am CT , in person or through counsel to show cause of why the proposed Agreement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary; however, persons wishing to be heard orally in opposition to the approval of the Settlement, the request for attorneys’ Fee Award, and/or the request for Incentive Awards to the Settlement Class Representatives are required to indicate in their written objection their intention to appear at the hearing and whether they intend to appear on their own behalf or through counsel.

(4)       Do Nothing.

If you are a Settlement Class Member and do nothing, you will NOT receive any benefits from the Settlement and you will give up your rights as set forth in the Notice and the Settlement Agreement.

Unless you exclude yourself, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against Uponor and Released Parties (as defined in the Settlement Agreement). Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, a copy of which you may find in the Documents page of this website. All pleadings and documents filed in Court may be reviewed or copied in the Office of the Clerk. Unless you formally exclude yourself from this Settlement, you will release your claims. 

The Parties cannot predict exactly when (or whether) the Court will give final approval to the Settlement Agreement, so please be patient. However, if the Court finally approves the Settlement, payment will be made about two months after the Court’s final approval order becomes final and non-appealable. If there is an appeal, payment may be delayed.

The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a Final Approval Hearing, will be held remotely on April 21, 2025 at 11:00am CT.  If the Settlement is given final approval, the Settlement Agreement’s terms will take effect and the Action will be dismissed on the merits with prejudice. Both sides have agreed to the Settlement in order to achieve an early and certain resolution to the Action, in a manner that provides specific and valuable benefits to the members of the Settlement Class.

If the Court does not approve the Settlement, or if it approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become final for some other reason, you will not be paid and Settlement Class Members will receive no benefits from the Settlement. Plaintiffs, Uponor, and all of the Settlement Class Members will be in the same position as they were prior to the execution of the Settlement Agreement, and the Settlement Agreement will have no legal effect, no class will remain certified (conditionally or otherwise), and Plaintiffs and Uponor will continue to litigate the lawsuit. If the Settlement is not approved, there can be no assurance that the Settlement Class will recover more than is provided in the Settlement, or indeed, anything at all.

The Court has approved Strauss Borrelli PLLC to represent the Settlement Class. They are called “Settlement Class Counsel.” They will ask the Court to award them up to $107,000 in attorneys’ fees and costs, for the time, expense, and effort expended in investigating the facts, litigating the case, and negotiating the Settlement. You will not be charged for these lawyers because their fees and expenses are being paid separately as part of the Settlement. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

The Court has also approved Scott Brown and Amanda Crottinger, the individuals who filed the Action, as the Settlement Class Representatives. The Settlement Class Representatives will apply to the Court for payments of up to $2,500, each, for their time, effort, and service in this matter.

The Notice is only a summary of the proposed Settlement of this Action. More details are in the Settlement Agreement which, along with other documents, can be found in the Documents page of this Website. If you need to update or change your contact information, please visit the Contact Us page of this Website, email the Settlement Administrator at [email protected] or by mail to Uponor Data Settlement, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391. All pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.