You are a Settlement Class Member if you are a person who NEG identified as having personally identifiable information compromised by the Data Breach and to whom NEG provided written or substitute notice of the Data Breach on either February 28, 2023, or June 6, 2023

The Settlement Class excludes: NEG as well as its parents, subsidiaries, divisions, or affiliates, or their respective successors or predecessors, or any entity in which NEG or its parents has a controlling interest, or any of their current or former officers and directors; any judge providing over the Lawsuit and members of their families; persons who properly execute and file a timely request for exclusion from the Settlement Class; persons whose claims in this matter have been finally adjudicated on the merits or otherwise released; Plaintiffs’ counsel and Defendants’ counsel; and the legal representatives, successors, and assigns of any such excluded persons.

This case is known as known as Davila et al. v. New Enchantment Group, LLC, Case No. 2:23-cv-01098-SRB, (“Lawsuit”), and it is filed in the United States District Court for the District of Arizona. The person who sued is called the “Plaintiff” and the company he sued, New Enchantment Group, LLC, is known as the “Defendant” in this case. New Enchantment Group, LLC will be called “Defendant” in this Notice.

Plaintiff filed a lawsuit against Defendant, individually, and on behalf of anyone whose personally identifiable information was potentially impacted because of the Data Breach.

The Lawsuit against Defendant is based on the unauthorized access to Defendant’s computer network that occurred on or around October 3–4, 2022, and about which NEG notified affected individuals on or about February 28, 2023, and June 6, 2023 (the “Data Breach”). The claims asserted are based on allegations that files accessed or acquired during the Data Breach contained personally identifiable information about certain individuals, including names, dates of birth, Social Security numbers, tax identification numbers, driver’s license numbers, state/national identification numbers, passport numbers, financial account numbers, credit/debit card numbers (with or without expiration date/CVV/security code), medical treatment or diagnosis information, biometric data, and health insurance information. Defendant disagrees with Plaintiff’s claims and denies any wrongdoing.

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Plaintiff/Class Representative, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, in the best interests of Settlement Class Members. The Court did not decide in favor of the Plaintiff or Defendant.

In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims. All these people together are the “Settlement Class” or “Settlement Class Members.”

You are included in the Settlement if you are a person who Defendant identified as having personally identifiable information compromised by the Data Breach and to whom Defendant provided written or substitute notice of the Data Breach on either February 28, 2023, or June 6, 2023.

If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, email info@newenchantmentsettlement.com, call toll free 877-316-0125, or write to

New Enchantment Claim Administrator

c/o A.B. Data, Ltd.

P.O. Box 173106

Milwaukee, WI  53217

The proposed Settlement provides the following benefits to Settlement Class Members:

Credit Monitoring Services: two (2) years of credit monitoring services that provide monitoring of the credit report with the three major credit bureaus (Experian, Equifax, and Transunion), alerts about changes in information to the credit report, dark web scanning for personal information, and identify theft insurance, and access to assistance to help investigate and resolve any issues.

AND

Reimbursement for “Attested Time”: Unless a claim is made for an Alternative Cash Payment (see below), reimbursement of up to five (5) hours at a rate of $30.00 per hour of time spent remedying issues related to the Data Breach, if at least one full hour was spent, upon submission of an attestation detailing how and why the time was spent.

Reimbursement for “Out-of-Pocket Costs”: Unless a claim is made for an Alternative Cash Payment (see below), reimbursement of up to $500.00 of any of the following documented costs or expenditures that a Settlement Class Member actually incurred because of the Data Breach, that have not already been reimbursed by a third party, and which were incurred between the date of notice of the Data Breach to the Settlement Class Member and the date of the Preliminary Approval Order (10/29/2024): (1) 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, copying, or gasoline for local travel; (2) professional fees including attorneys’ fees, accountants’ fees, notary fees, and fees for credit repair services; and (3) costs for additional credit reports, credit monitoring, or other identity theft insurance products.

Reimbursement for “Financial Losses”: Unless a claim is made for an Alternative Cash Payment (see below), reimbursement of up to $4,000.00 for proven monetary losses arising from financial fraud or identity theft, if: (1) the loss is an actual, documented, and unreimbursed monetary loss; (2) the loss is fairly traceable to the Data Breach; (3) the loss occurred between October 3, 2022, and the Claims Deadline; (4) the loss is not already covered as Attested Time or an Out-of-Pocket Expense; and (5) the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss.

OR

Alternative Cash Payment: In lieu of any claims for Attested Time, Out-of-Pocket Costs, or Financial Losses, Defendant will provide compensation to Settlement Class Members for an Alternative Cash Payment of $75.00, upon submission of a timely and valid Claim Form and conditioned upon the Settlement Class Member not making any claims or receiving any reimbursement or compensation for Attested Time, Out-of-Pocket Expenses, or Financial Losses.

To receive any of the payments or benefits described above, Settlement Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Settlement Administrator by the Claims Deadline.

All Claim Forms will be reviewed by the Claims Administrator for completeness and plausibility. You must file a Claim Form to get money from the proposed Settlement. Claim Forms must be submitted online by February 11, 2025, or postmarked no later than February 11, 2025. If you received a postcard notice you can file a claim online by clicking HERE.  If you did not receive a postcard notice or if you misplaced your notice,  you can download a Claim Form HERE.  You can email or call the Claims Administrator at info@newenchantmentsettlement.com or 877-316-0125 for a Claim Form or to see if you are in the Class and to get the criteria required to file a claim online.  

If you stay in the Settlement Class, you will be eligible to receive benefits if you file a timely and valid claim, but you will not be able to sue Defendant or its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, and departments (including but not limited to Tanzerra Resorts, LLC; Boynton Canyon Management Company; Carter Creek Management Company, and 360 Bahamas Ltd.) as well as any and all of their respective past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees, and all their predecessors, successors, and assigns, in their individual and official capacities, both jointly and severally, (collectively the “Releasees”) regarding the Data Breach or claims in the Lawsuit.

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, and, if the Settlement is approved, you give up the right to sue for the claims in this case.

Yes. If approved by the Court, the Settlement Class Representative will receive a Service award of up to $1,500, to compensate him for services and efforts in bringing the Lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Settlement Class Representative.

If you do not want to be included in the Settlement, you must send a timely written Opt-Out Request, stating your full name, address, and telephone number. Your Opt-Out Request must be personally signed by you and contain your original signature (or the original signature of a Person previously authorized by law, such as a trustee, guardian, or Person acting under power of attorney to act on your behalf with respect to a claim or right, such as those in the Lawsuit). Your request must also clearly manifest your intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.

Your written Opt-Out Request must be postmarked no later than January 27, 2025, to: Davila et al. v. New Enchantment Group, LLC, c/o A.B. Data, Ltd., PO Box 173001 Milwaukee, WI 53217.

If you exclude yourself, you will not be able to receive any cash benefit or reimbursement of documented out-of-pocket expenses from the Settlement, and you cannot object to the Settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Lawsuit, and you will keep your right to sue Defendants on your own for the claims that this Settlement resolves.

No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Releasees (listed in Question 8) for the claims this Settlement resolves.

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money from the Settlement, you will not be able to start or proceed with a lawsuit or be part of any other lawsuit against the Releasees (listed in Question 8) about the settled claims in this case at any time.

Yes. William B. Federman and Kennedy M. Brian with the law firm of Federman & Sherwood (called “Settlement Class Counsel”) represent the interests of all Settlement Class Members in this case. You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel will apply to the Court for an award of combined attorneys’ fees, costs, and expenses in an amount not to exceed $282,500.00. A copy of Settlement Class Counsel’s Motion for attorneys’ fees, costs, expenses, and Service Award for Settlement Class Representatives will be posted on the Settlement Website before the Final Approval Hearing.  The Court will make the final decisions as to the amounts to be paid to Settlement Class Counsel and may award less than the amount requested by Settlement Class Counsel.

If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you must file an Objection with the Court telling it why you do not think the Settlement should be approved.  Your objection must be received by January 27, 2025.

Detailed information about how to object is available in the Long From Notice at section 15.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class.  If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court will hold the Final Approval Hearing on March 13, 2025, at 11:00 AM (MT) in the United States District Court District of Arizona - Phoenix Division and may also be held virtually. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check the case 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 finally 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, costs, and expenses to Settlement Class Counsel and the request for a Service award to the Settlement Class Representatives.

No. You are not required to come to the Final Approval 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 Approval Hearing, but that is not necessary. However, you must follow the requirements for making objections in Long Form Notice Question 15, including the requirements for making appearances at the hearing.

This is only a summary of the proposed Settlement.  If you want additional information about this Lawsuit, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Settlement Class Counsel’s Motion for attorneys’ fees, costs, expenses, and Service award for Settlement Class Representatives, please visit the Court Document page of this website, call 877-316-0125. You may also contact the Claims Administrator at

New Enchantment Claim Administrator

c/o A.B. Data, Ltd.

P.O. Box 173106

Milwaukee, WI  53217