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Cash Express, LLC., a company known for its financial services, has agreed to a settlement following a class action lawsuit. The lawsuit, known as Julien, et al. v. Cash Express, LLC., was filed in response to a data incident that occurred between January 29, 2022, and February 6, 2022. The incident resulted in unauthorized access to certain Cash Express files containing customers' private information.
A Closer Look at the $850,000 Settlement
The settlement, which amounts to $850,000, is intended to compensate the affected individuals for any damages they may have incurred as a result of the data breach. The settlement fund is non-reversionary, meaning that the entire amount will be distributed to eligible claimants, and any unclaimed funds will not revert back to the defendant, Cash Express.
This settlement was reached after a series of negotiations between the parties involved. The defendant, Cash Express, although agreeing to the settlement, denies any wrongdoing or liability. The settlement is not an admission of guilt but is a way to avoid the uncertainties and costs associated with a protracted legal battle.
Important Dates to Remember
- Deadline to File a Claim: November 1, 2023
- Final Approval Date: November 9, 2023
Who are the Beneficiaries of the Settlement?
The beneficiaries, or class members, of this settlement are individuals residing in the United States who received a notice letter regarding the Cash Express Data Incident that occurred between January 29, 2022, and February 6, 2022. These individuals had their private information potentially exposed during the data breach, making them eligible for compensation under the terms of the settlement.
However, there are certain exclusions to the class members. These exclusions include the judge presiding over the class action lawsuit and their direct family members, the defendant and its subsidiaries, parent companies, successors, predecessors, and any entity in which the defendant or its parents have a controlling interest, along with their current or former officers, directors, and employees. Also excluded are Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.
What Can Class Members Claim?
Eligible claimants can receive one or more of the following settlement benefits:
- Pro Rata Cash Payment: Class members may receive a $150 cash payment from the Settlement Fund. The actual amount may be adjusted pro rata based on the remaining funds after allocation for various expenses.
- Out-of-Pocket Losses: Class members can seek reimbursement for documented unreimbursed out-of-pocket losses or expenses up to $5,000. These losses must be reasonably traceable to the Data Incident.
- Lost Time: Compensation of up to $125 is available for time spent dealing with issues related to the Data Incident. This includes activities such as reviewing accounts, enrolling in credit protection services, or responding to fraud or identity theft. Claims for lost time can be combined with claims for out-of-pocket losses but are subject to a combined cap of $5,000.
Is Proof Required to Claim the Reward?
Yes, proof is required to claim the reward. Claimants need to provide supporting documentation for out-of-pocket losses and time spent dealing with issues related to the Data Incident.
Why is There a Class Action Settlement?
The class action lawsuit alleges claims of negligence, negligence per se, breach of implied contract, unjust enrichment, and violations of the Tennessee Identity Theft Deterrence Act against Cash Express. The lawsuit claims that Cash Express failed to adequately protect the private information of its customers, resulting in a data breach.
Despite denying any wrongdoing, Cash Express has agreed to the settlement to avoid the further expense, inconvenience, and distraction of burdensome and protracted litigation, and to be completely free of any further claims that were or could have been asserted relating to the legal and factual issues in this litigation.
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