Overby-Seawell $6,000,000 Data Breach Settlement

If you received notice from Overby-Seawell, KeyBank, N.A., or Fulton Bank, N.A. that your personal information was potentially compromised in the Data Security Incident discovered in July 2022, you may be eligible to claim benefits from a class action settlement.

Overby-Seawell Company has agreed to pay $6,000,000 to settle a class action lawsuit for alleged negligent data security practices. This settlement aims to compensate individuals whose Personal Identifying Information (PII) was compromised.

Can I Claim an Award?

The Settlement Class includes all individuals whose Personal Identifying Information (PII) was compromised in the Data Security Incident. If you received a notice about this class action Settlement addressed to you, then the Settlement Administrator has already determined that you are a Settlement Class Member.

What Awards Can Class Members Claim?

Settlement Class Members may file a claim for one or more of the following settlement benefits:

Financial Account Monitoring

Settlement Class Members can submit a claim for identity theft protection and credit monitoring services, which includes three years of three-bureau coverage with at least $1,000,000 of fraud/identity theft insurance.

Documented Monetary Losses

You can claim reimbursement of documented monetary losses fairly traceable to the Data Security Incident up to $6,000 per individual. This may include:

• Unreimbursed losses relating to fraud or identity theft.
• Professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services.
• Costs associated with freezing or unfreezing credit with any credit reporting agency.
• Credit monitoring costs incurred on or after the Data Security Incident through the date of claim submission.
• Miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

Lost Time

Settlement Class Members can claim reimbursement for time spent remedying issues related to the Data Security Incident at $25 per hour, subject to a five-hour cap.

California Statutory Payment

California residents from May 26, 2022, to the end of the claims period can claim an additional $100 for their statutory claims under the California Consumer Privacy Act.

Alternative Pro Rata Cash Payment

Settlement Class Members can opt for an Alternative Pro Rata Cash Payment instead of seeking reimbursement for monetary losses and/or lost time. The amount of this benefit will be determined based on the amount remaining in the Settlement Fund after other claims and expenses are paid.

Hypothetical Example of Pro Rata Calculation

If the total Settlement Fund is $6,000,000 and after paying for Financial Account Monitoring, CAFA Notice, Administration and Notice Costs, and attorneys’ fees, $4,000,000 remains. If 100,000 claims are approved, each claimant would receive $40 ($4,000,000 / 100,000).

Is Proof Required to Claim the Reward?

Not applicable. The Settlement Administrator already has the information of the Settlement Class Members.

How to Claim Your Award

To claim your award, you must complete and submit a Claim Form by October 21, 2024. Claim Forms may be submitted or printed from the online claim form and mailed to the address on the form.

Submitting a Claim

Follow these steps to submit your claim:

1. Visit the online claim form.
2. Fill out the required information including your name, address, and contact details.
3. Select the type of benefit you are claiming.
4. Provide any necessary documentation if claiming reimbursement for monetary losses.
5. Submit the form online or print it and mail it to the Settlement Administrator.

How do I Get Paid?

Payments will be made by check, PayPal, or Venmo, depending on the option you select on the Claim Form.

Settlement Fund Breakdown

The settlement amount is $6,000,000. This fund will be used to pay for all valid claims made by Settlement Class Members, notice and administration costs, and attorneys’ fees and costs.

The breakdown of the settlement fund is as follows:

• Financial Account Monitoring
• CAFA Notice
• Administration and Notice Costs
• Fee Award and Expenses
• Claims for Reimbursement of Monetary Losses and Lost Time
• California Statutory Payments
• Alternative Pro Rata Cash Payments

Important Dates

• Deadline to File a Claim: October 21, 2024
• Opt-Out Deadline: September 20, 2024
• Final Approval Hearing: December 9, 2024

When will Awards be Paid?

Awards will be paid after the Settlement is approved and becomes final.

What Happens Next?

The Court will hold a Final Approval Hearing on December 9, 2024, to decide whether to approve the Settlement. Payments will be made after the Settlement is approved and becomes final.