Fontainebleau settles lawsuit over 2022 data breach

If you were impacted by the data breach at Fontainebleau Florida Hotel, LLC, you may be eligible to claim compensation from a class action settlement.

Fontainebleau Florida Hotel, LLC has agreed to settle a class action lawsuit for alleged unauthorized access to its computer systems, which compromised personal information including names, Social Security numbers, and financial account numbers.

Who can submit a claim?

To be eligible to submit a claim, you must be part of the Settlement Class.

The Settlement Class includes:

All individuals in the United States who were impacted by the Data Incident.
Those who received a notice of the Data Incident that occurred between August 30 and September 2, 2022.

Additionally, you may have already been notified directly by Fontainebleau in May 2023.

Who is excluded from the class?

Excluded from the Settlement Class are employees, directors, officers, and agents of Fontainebleau.

How much can class members get?

Class members can claim various benefits depending on their losses and the documentation they provide. The benefits include:

Reimbursement for documented out-of-pocket expenses incurred as a result of the Data Incident, up to $1,000.
Reimbursement for attested lost time spent dealing with the Data Incident, up to six hours at $25 per hour.
Compensation for extraordinary losses for victims of actual identity theft, up to $4,000.
Two years of free credit monitoring services for those who did not previously enroll, or one additional year for those who did.

Reimbursement for Documented Out-of-Pocket Expenses

Class members can claim up to $1,000 for documented out-of-pocket expenses such as:

Unreimbursed bank fees
Long distance phone charges
Cell phone charges (only if charged by the minute)
Data charges (only if charged based on the amount of data used)
Postage
Gasoline for local travel
Fees for credit reports, credit monitoring, or other identity theft insurance products purchased between August 30, 2022, and October 31, 2024

Reimbursement for Attested Lost Time

Class members can claim up to six hours of lost time spent dealing with the Data Incident, compensated at $25 per hour.

Up to three hours can be claimed by attesting to the time spent, while an additional three hours can be claimed with reasonable documentation.

Compensation for Extraordinary Losses

Class members can claim up to $4,000 for actual identity theft losses if:

The loss was an actual, documented, and unreimbursed monetary loss
The loss was fairly traceable to the Data Incident
The loss occurred between August 30, 2022, and October 31, 2024
The loss is not already covered by one of the documented out-of-pocket expenses categories
Reasonable efforts were made to avoid the loss, including using any available credit monitoring insurance or identity theft insurance

Identity Theft Protection and Credit Monitoring

Class members who did not previously enroll in the credit monitoring offered by Fontainebleau can claim two years of free credit monitoring services. Those who did enroll can claim one additional year of credit monitoring.

The credit monitoring services include:

Real-time monitoring of credit files at all three bureaus
Dark web scanning with immediate notification of potential unauthorized use
Comprehensive public record monitoring
Medical identity monitoring
Identity theft insurance (with no deductible)
Access to fraud resolution agents

Is proof required to submit a claim?

Yes, proof is required to claim certain awards.

Claimants need to provide documentation to support their claims for out-of-pocket expenses and extraordinary losses.

For lost time, claimants need to attest to the time spent dealing with the Data Incident, and additional lost time requires reasonable documentation.

How to claim an award

To claim an award, you can submit a claim online or by mail. To file a claim online, visit the online claim form. For mail submissions, send your completed claim form to:

Fontainebleau Miami Beach Data Breach Settlement

c/o Settlement Administrator

RG/2 Claims Administration LLC

P.O. Box 59479

Philadelphia, PA 19102-9479

Claim instructions

Visit the online claim form or download the claim form from the website.
Complete the claim form with your personal information and details of your claim.
Attach any required documentation to support your claim.
Submit the form online or mail it to the Settlement Administrator at the address provided.