Boyd v Public Employees Credit Union Frequently Asked Questions

You are a Settlement Class Member if you were mailed written notification from Public Employees Credit Union that your PII was potentially impacted as a result of the Data Incident that occurred on or about April 26, 2022. The Settlement Class specifically excludes: (i) Public Employees Credit Union (“PECU”), the Related Entities, and their officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge. The notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Settlement Class.

This case is known as Scott Boyd v. Public Employees Credit Union, Case No. 1:22-cv-00825-LY, filed in the United States District Court for the Western District of Texas, Austin Division. The person who sued is called the “Plaintiff” and the company they sued, PECU, is known as the “defendant” in this case. PECU will be called “defendant” in the notice. Plaintiff filed a lawsuit against defendant, individually, and on behalf of anyone whose personally identifiable information (“PII”) was potentially impacted as a result of the Data Incident. This lawsuit arises out of unauthorized access to PECU’s systems and certain files containing sensitive information about PECU’s current and former customers including, but not limited to, names, addresses, email addresses, telephone numbers, dates of birth, financial account information (e.g. account numbers, credit, and or debit cards), social security numbers, and other types of personally identifiable information (collectively “PII”), which was discovered by PECU on or about April 26, 2022 (the “Data Incident”). PECU denies any wrongdoing. After learning of the Data Incident, notification was mailed to persons whose PII may have been impacted by the Data Incident. Subsequently, this lawsuit was filed asserting claims against PECU relating to the Data Incident.

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representative, defendant, and their attorneys believe the proposed settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class Members. The Court did not decide in favor of the Plaintiff or defendant. Full details about the proposed settlement are found in the Settlement Agreement available here.

In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.”

You are included in the settlement if you were mailed written notification that indicated your PII was potentially compromised as a result of the Data Incident discovered by PECU on or about April 26, 2022. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the settlement, call toll free 1-833-709-0096, or write to Boyd v PECU, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.

The proposed settlement will provide the following benefits to Settlement Class Members:

Expense Reimbursement

Documented Out of Pocket Expense Reimbursement (Ordinary Losses): All Settlement Class Members who submit a valid claim using the Claim Form are eligible to get reimbursed 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 Incident: (i) unreimbursed bank fees; (ii) long distance phone charges; (iii) cell phone charges (if charged by the minute); (iv) data charges (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 April 26, 2022 and May 4, 2023. 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 Claims Administrator.

Lost Time Reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to three (3) hours of lost time spent dealing with the Data Incident (calculated at the rate of $20 per hour), but only if at least one (1) full hour was spent. 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 Incident; and (ii) provides a written description of how the claimed lost time was spent related to the Data 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.

Documented Extraordinary Loss Reimbursement: Settlement Class Members are also eligible to receive reimbursement for extraordinary losses, not to exceed $2,500 per Settlement Class Member for documented monetary loss that: (i) is actual, documented, and unreimbursed; (ii) was more likely than not caused by the Data Incident; (iii) occurred between April 26, 2022 and May 4, 2023; and (iv) 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.

Credit Monitoring: If you previously enrolled in the credit monitoring product offered by PECU, your credit monitoring will automatically be extended for one (1) additional year. If you did not previously enroll in the credit monitoring product offered by PECU, you are eligible to claim one (1) year of credit monitoring services under the same service previously offered by PECU. You may do so before the Claims Deadline of May 4, 2023 by selecting the credit monitoring option on the Claim Form.

Information Security Improvements: PECU will implement and keep in place various security-related improvements through December 21, 2023. Costs associated with these security improvement will be paid by PECU separate and apart from other settlement benefits.

All claims will be reviewed by the Claims Administrator and/or a claims referee. You must file a Claim Form to get any money from the proposed settlement. Claim Forms must be submitted online by May 4, 2023 or postmarked no later than May 4, 2023. You can download a Claim Form or you can call the Claims Administration at 1-833-709-0096.

If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue PECU and its Related Entities and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, principals, agents, attorneys, insurers, and reinsurers regarding the claims in this case. The Settlement Agreement, which includes all provisions about settled claims, releases, and Released Persons, is available here.

The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the Settlement Class, if the settlement is approved, and you give up the right to sue for the claims in this case.

If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue PECU and its Related Entities and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, principals, agents, attorneys, insurers, and reinsurers regarding the claims in this case. The Settlement Agreement, which includes all provisions about settled claims, releases, and Released Persons, is available here.

If you do not want to be included in the settlement, you must send a timely written request for exclusion. Your request for exclusion must be individually signed by you. Your request must clearly manifest your intent to be excluded from the settlement.

Your written request for exclusion must be postmarked no later than April 4, 2023 to:

Boyd v PECU

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

Instructions on how to submit a request for exclusion are available at by calling 1-833-709-0096.

If you exclude yourself, you will not be able to receive any cash benefits from the settlement and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit and you will keep your right to sue the defendant on your own for the claims that this settlement resolves. If you do nothing, you will not get any money from the settlement, you will not be able to sue for the claims in this case, and you release the claims against defendant described in Question 8.

No. If you do not exclude yourself from the settlement, and the settlement is approved by the Court, you forever give up the right to sue the Released Persons (listed in Question 8) for the claims this settlement resolves.

If you do nothing, you will be bound by the settlement if the Court approves it, you will not get any money from the settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons (listed in Question 8) about the settled claims in this case at any time.

Yes. The Court has appointed Gary M. Klinger of MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC (called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. 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.

Class Counsel will apply to the Court for an award of attorneys’ fees and litigation expenses in an amount not to exceed $190,000. A copy of Class Counsel’s Application for Attorneys’ Fees and Expenses will be posted here before the Final Fairness Hearing. The Court will make the final decisions as to the amounts to be paid to Class Counsel, and may award less than the amount requested by Class Counsel.

If you want to tell the Court that you do not agree with the proposed settlement or some part of it, you can submit an objection telling it why you do not think the settlement should be approved. Objections must be submitted in writing and include all the following information:

Such notice shall state:

(i) the objector’s full name, address, telephone number, and e-mail address (if any);

(ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident);

(iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable;

(iv) the identity of any and all counsel representing the objector in connection with the objection;

(v) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing;

(vi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and

(vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years.

Your objection must include the case name and docket number, Scott Boyd v. Public Employees Credit Union, Case No. 1:22-cv-00825-LY (the “PECU Action”), and be submitted to the Clerk of the Court by First-Class mail, received no later than April 4, 2023, to:

U.S. District Clerk's Office

501 West 5th Street, Suite 1100

Austin, TX 78701

In addition, you must mail a copy of your objection to Class Counsel and defense counsel, postmarked no later than April 4, 2023.

CLASS COUNSEL 

Gary M. Klinger, Esq.

MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC

227 W. Monroe Street Suite 2100

Chicago, IL 60606

DEFENSE COUNSEL

Michelle R. Gomez

Casie D. Collignon

BAKER & HOSTETLER, LLP

1801 California St. Suite 4400

Denver, CO 80202

If you do not submit your objection with all requirements, or if your objection is not received by April 4, 2023, you will be considered to have waived all Objections and will not be entitled to speak at the Final Fairness Hearing.

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the settlement no longer affects you.

The Court will hold the Final Fairness Hearing at 9:30 a.m. on June 9, 2023 at the United States District Court, Western District of Texas, Austin Division, 501 West 5th Street, Courtroom 7, Austin, TX 78701. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this website for updated information.

At the hearing, the Court will consider whether the proposed settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of attorneys’ fees and expenses to Class Counsel and the request for a service award to the Class Representative.

No. You are not required to come to the Final Fairness Hearing. However, you are welcome to attend the hearing at your own expense. If you submit an objection, you do not have to come to the hearing to talk about it.

If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Fairness Hearing, but that is not necessary.

Yes. You can speak at the Final Fairness Hearing but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in Question 15, including all the information required. You cannot speak at the hearing if you exclude yourself from the settlement.

If you do nothing, you will not get any money from the settlement, you will not be able to sue for the claims in this case, and you release the claims against defendant described in Question 8.

If you want additional information about this lawsuit, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Class Counsel’s Application for Attorneys’ Fees and Expenses, and more, please call 1-833-709-0096. You may also contact the Claims Administrator at Boyd v PECU, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.