Nevada Restaurant Services Data Breach Settlement - 227,903 Affected

If you were notified by Nevada Restaurant Services, Inc. (NRS) that your personal and/or financial information was impacted in a data incident on or before January 16, 2021, you may be eligible to claim up to $10,000 from a class action settlement.

Nevada Restaurant Services, Inc. has agreed to settle a class action lawsuit for alleged unauthorized access to their systems and certain files containing sensitive and/or personal information.

Can I Claim an Award?

You are a Settlement Class Member if you were mailed written notification by NRS indicating that your personal and/or financial information was impacted in the data incident occurring on or before January 16, 2021.

What Awards Can Class Members Claim?

The proposed settlement will provide the following benefits to the 227,903 Class Members:

• Documented Out-of-Pocket Expenses: Up to $350 for costs incurred as a result of the data incident, including 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, and expenses stemming from credit reports, credit monitoring, or other identity theft insurance products purchased between January 16, 2021, and the claims deadline.
• Lost Time Reimbursement: Up to four hours of lost time spent dealing with the data incident at $35 per hour, subject to the same $350 cap for all Settlement Class Members.
• Extraordinary Losses: Reimbursement for extraordinary losses up to $10,000 for documented monetary loss that is actual, documented, and unreimbursed, caused by the data incident, occurred between January 16, 2021, and the claims deadline, and is not already covered by other categories of settlement benefits.
• Credit Monitoring and Identity Theft Protection: 36 months of credit monitoring and identity theft protection with at least $1 million in fraud protection.
• Alternative Cash Payment: An alternative cash payment of $50 in place of other benefits, subject to a $150,000 cap, which may be reduced pro-rata if the amounts claimed exceed that amount.

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Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. Claimants need to provide documentation for out-of-pocket expenses, lost time, and extraordinary losses. For credit monitoring, claimants must submit a claim to obtain the service.

• Documented Out-of-Pocket Expenses: Bank or credit card statements, bills, receipts, or other proof of fees or charges.
• Lost Time: A written description and attestation under penalty of perjury that the claimed lost time was spent responding to issues raised by the data incident.
• Extraordinary Losses: Documentation showing that the claimed losses were caused by the data incident and an attestation under penalty of perjury.

How to Claim Your Award

To claim your award, you must file a claim online or by mail. You can file a claim online or download a claim form from the official settlement website and mail it to:

Sanguinetti v. NRS  

c/o Kroll Settlement Administration LLC  

PO Box 225391  

New York, NY 10150-5391

Ensure that your claim is submitted online or postmarked by September 17, 2024.

Submitting a Claim

Follow these steps to submit a claim:

1. Visit the official settlement website and download the claim form.
2. Fill out the claim form with your Class Member ID, name, address, and other required information.
3. Attach the necessary documentation for out-of-pocket expenses, lost time, or extraordinary losses.
4. Submit the claim form online or mail it to the Claims Administrator by the deadline.

How Do I Get Paid?

Payments will be made by check or electronically via PayPal, Venmo, or Zelle. If you prefer electronic payment, provide the email address associated with your account on the claim form. Otherwise, a check will be mailed to the address provided.

$400,000 Settlement Fund Breakdown

The settlement amount is $400,000. This amount will cover payments to Settlement Class Members, attorneys' fees, and other costs. Proposed Settlement Class Counsel will apply for an award of combined attorneys’ fees, costs, and litigation expenses in an amount not to exceed $400,000. The Court will make the final decision on the amounts to be paid to Proposed Settlement Class Counsel and the Representative Plaintiffs.

Important Dates

• Deadline to File a Claim: September 17, 2024
• Fairness Hearing: November 7, 2024

When Will Awards Be Paid?

Awards will be paid after the Court grants final approval of the settlement and any appeals are resolved.

Why Is There a Class Action Settlement?

This settlement resolves claims that NRS failed to protect the personal and financial information of its customers, leading to unauthorized access and potential misuse of that information. By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation.

What Happens Next?

The Court will hold a Final Fairness Hearing on November 7, 2024, to decide whether to approve the settlement. If approved, payments will be made to eligible Settlement Class Members, and the settlement will become final.