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The proposed settlement will provide the following benefits to Settlement Class Members:
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.
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 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.
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.
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
227 W. Monroe Street Suite 2100
Chicago, IL 60606
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.
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.
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.