1. Why was a Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. How do I know if I am included in the settlement?
6. What if I am not sure whether I am included in the settlement?
7. What does the settlement provide?
8. What payments are available?
9. How do I get benefits?
10. How will claims be decided?
11. Do I need to do anything to remain in the settlement?
12. What am I giving up as part of the settlement?
13. If I exclude myself, can I get a payment from this settlement?
14. If I do not exclude myself, can I sue Recology for the same thing later?
15. How do I get out of the settlement?
16. Do I have a lawyer in this case?
17. How will Settlement Class Counsel be paid?
18. How do I tell the Court that I do not like the settlement?
19. What is the difference between objecting and asking to be excluded?
20. When and where will the Court decide whether to approve the settlement?
21. Do I have to attend the Final Approval Hearing?
22. May I speak at the Final Approval Hearing?
23. What happens if I do nothing?
24. How do I get more information?
The Court authorized the Notice because Class Members have a right to know about the proposed settlement in this Class Action and about all of their options before the Court decides whether to give “Final Approval” to the settlement. The Notice explains the legal rights and options that you may exercise before the Court decides whether to approve the settlement.
Judge Anne-Christine Massullo of the Superior Court of California, County of San Francisco, is overseeing this case. The case is known as Pilar Castillo v. Recology, Inc., Case No. GC-24-617356 (the "Lawsuit"). The person who filed the lawsuit is called the "Plaintiff". Recology is called the "Defendant".
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Plaintiff claims Recology was responsible for the increased risk of identity theft stemming from the Incident and asserts claims including: (i) negligence, (ii) breach of implied contract, (iii) breach of implied covenant of good faith and fair dealing and (iv) violation of the California Unfair Competition Law. The Lawsuit seeks, among other things, payment for persons who were injured by the Incident.
Recology has denied and continues to deny all of the claims made in the Lawsuit, as well as all charges of wrongdoing or liability against it.
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In a class action, a person called the "Plaintiff" or "Representative Plaintiff" (in this case, Pilar Castillo) sues on behalf of all people who have similar claims. One Court and one judge resolves the issues in the case.
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The Court did not decide in favor of Plaintiff or Recology. Instead, the parties negotiated a settlement that allows both Plaintiff and Recology to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of trial and appeals. The settlement allows people in the class to participate in a settlement ("Settlement Class members") to obtain benefits without further delay. The Representative Plaintiff and their attorneys believe the settlement is best for all Settlement Class members. The Settlement does not mean that Recology did anything wrong.
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You are part of this settlement if you are an individual to whom Recology or its authorized representative provided notice, either by mailed notice or other means, concerning the Incident discovered on or about November 2, 2023.
Excluded from the Settlement Class are Recology's officers, directors, and employees (excepting those officers, directors, and employees whose PHI or PII was affected by the Incident); any entity in which Recology has a controlling interest; and the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Recology. Excluded also from the Settlement Class are members of the judiciary to whom this case is assigned, their families and members of their staff. Also excluded from the Settlement Class are non-natural persons.
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If you are not sure whether you are included in the settlement, or have any other questions related to the settlement, you may contact:
Recology Data Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-833-360-6876
info@RecologyDataSettlement.com
Please do not contact the Court with questions.
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Under the terms of settlement, there are two kinds of compensation available: (1) up to $2,000 in documented losses related to the Incident or (2) a flat Alternative Cash Payment, the amount of which will be determined by the Settlement Administrator on a pro rata basis based on the number of Settlement Class Members who timely submit valid Claim Forms. You may submit a claim for any one the above-listed remedies. To claim each type of remedy, you must provide information and documentation with the Claim Form, as described on the Claim Form.
Recology has also agreed that it has and will continue to undertake certain reasonable steps to enhance the security deployed to secure access to its data network.
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Documented Reimbursements: With proper documentation, Settlement Class members are eligible to claim up to $2,000, in reimbursement for the following: Out-of-pocket expenses, for example, postage, copying, scanning, faxing, mileage and other travel-related charges, parking, notary charges, research charges, cell phone charges (only if charged by the minute), long distance phone charges, data charges (only if charged based on the amount of data used), text message charges (only if charged by the message), bank fees, accountant fees, credit monitoring fees, and attorneys' fees, all of which must have been incurred by you, must have resulted solely from the Incident, and must not have been previously reimbursed by a third-party.
Alternative Cash Payment: In the alternative, Settlement Class members are eligible to claim a flat cash payment, the amount of which will be determined by the Settlement Administrator based on various factors. The Alternative Cash Payment will be determined after the payments for Documented Reimbursements are made and other deductions from the Net Settlement Fund are made (attorney's fees, service award, and settlement administration costs), and will be subject to pro rata adjustment depending on the number of timely and valid claims submitted. For example, if 20% of all Class Members submit a claim for this benefit, the amount of the Alternative Cash Payment could be in the range of $50-$60 per claim but may be higher or lower depending on the number of valid claims submitted and other factors.
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To receive a payment from the Settlement, you must complete a Claim Form. Claim forms may be filed online here or completed by mail. To file by mail, you may download a copy of the Claim Form by clicking here, or you may request one by emailing info@RecologyDataSettlement.com. To complete the Claim Form, please read the instructions carefully, fill out the Claim Form, provide reasonable documentation (where applicable), and submit your Claim online or mail it postmarked no later than October 1, 2025, to:
Recology Data Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
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The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may request additional information from any claimant. If the claimant does not timely provide the required information, the Claim will be considered invalid and will not be paid. If the claim is rejected in whole or in part, for any other reason, then the Claims Administrator shall refer the claim to the Representative Plaintiff, Recology and their counsel for a determination.
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You do not have to do anything to remain in the settlement, but if you want a payment, you must submit a Claim Form postmarked or submitted online by October 1, 2025.
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By not timely opting out of the class, all of the Court’s orders will apply to you, and you give Recology a “Release.” A Release means you cannot sue or be part of any other lawsuit against Recology about the claims or issues in this lawsuit (relating to the Incident), and you will be bound by the settlement. The specific claims you are giving up against Recology and related persons or entities are called “Released Claims.” The Released Claims are defined in the Settlement Agreement, which is available here. The Settlement Agreement describes the Released Claims with specific and accurate legal descriptions, so read it carefully.
If you do not want a payment from this settlement, but you want to keep the right to sue Recology about issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself from – or is sometimes referred to as “opting out” of – the Settlement Class.
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No. If you exclude yourself, you will not be entitled to any benefits of the settlement. You will also not be bound by any judgment in this case.
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No. Unless you exclude yourself, you give up any right to sue Recology 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 to ask for a payment.
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To exclude yourself from the settlement, send a letter that says you want to be excluded from the settlement in Castillo v. Recology Inc., Case No. CGC-24-617356 (San Francisco County, California) ("Exclusion Request"). Include your name, address, and signature. Your Exclusion Request must be postmarked by September 16, 2025, and mailed to:
Recology Data Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
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Yes. The Court appointed Scott Edward Cole of Cole & Van Note to represent you and other Settlement Class members. These lawyers are called Settlement Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
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If the settlement is approved and becomes final, Settlement Class Counsel will ask the Court to award attorneys' fees and litigation costs. Settlement Class Counsel will also request approval of a service award to the Representative Plaintiff. If approved, these amounts, as well as the costs of notice and settlement administration, will be deducted from the total settlement proceeds awarded under the Settlement Agreement and paid by Recology. The remainder will be available for Settling Class Members.
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If you are a Settlement Class member, you can object to the settlement if you do not like it or some part of it. You can give reasons why you think the Court should not approve the settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and Recology's counsel a written notice stating that you object to the settlement.
Your objection must include all of the following information: (i) your full name and address; (ii) the case name and docket number - Castillo v. Recology, Inc., Case No. CGC-24-617356 (San Francisco County, California) (iii) proof that you are a member of the Settlement Class (e.g., copy of your settlement notice, a copy of your original notice of the Incident, or a statement explaining why you believe you are a Settlement Class member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe applicable; (v) the identity of any and all counsel representing you in connection with the objection; (vi) a statement whether you and/or your counsel will appear at the Final Approval Hearing; and (vii) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.
Your written notice of an objection, in the appropriate form, must be mailed, with a postmark date no later than September 16, 2025, to all of the following:
Class Counsel | Counsel for Recology |
Scott Edward Cole | Mark A. Olthoff |
The Court may elect to hear your oral objection, even if you do not follow the above procedure, at the Final Approval Hearing, however, the Parties reserve the right to challenge the objection of any Settlement Class Member who does not follow the above procedure.
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Objecting is telling the Court that you do not like the settlement and why you do not think the Court should approve it. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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The Court will hold a Final Approval Hearing on October 16, 2025, at 9:00 a.m. PDT at the Superior Court of the State of California, in and for the County of San Francisco in Department 302. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. The Court will take into consideration any properly filed written objections and may also listen to people who have asked to speak at the hearing (see Question 18). The Court will also decide whether to approve fees and costs to Settlement Class Counsel, and the service award to the Representative Plaintiff.
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No. Settlement Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your own expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and served it according to the instructions provided in Question 18, the Court will consider it.
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You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file and serve an objection according to the instructions in Question 18, including all the information required.
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If you do nothing, you will get no monetary benefits from this settlement. Once the Court grants the settlement Final Approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Recology about the legal issues in this case, ever again.
You must exclude yourself from the settlement if you want to retain the right to sue Recology for the Claims resolved by this settlement.
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This page only provides a summary of the proposed settlement. You can find complete details about the settlement in the Settlement Agreement, along with other case-related documents, on the Important Documents page. If you have any questions, you can contact the Settlement Administrator at:
Recology Data Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-833-360-6876
info@RecologyDataSettlement.com
Please Do Not Call the Court or the Judge with Questions about the settlement or claims process.
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