This official website is maintained by the Settlement Administrator under the supervision of Lead Counsel for the members of the Settlement Class in Davila et al. v. New Enchantment Group, LLC, Case No. 2:23-cv-01098-SRB which is pending in the District Court District of Arizona
The information contained on this web page is only a summary of information presented in more detail in the Long-Form Settlement Notice (the “Notice”), which you can access by clicking HERE. This website is just a summary, you should review the Notice for additional information.
If you are a Settlement Class Member, your legal rights will be affected by this Settlement whether you act or do not act.
Please read the Notice carefully.
ALL INDIVIDUALS WITHIN THE UNITED STATES WHOSE WHO NEG (NEW ENCHANTMENT GROUP) 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
If you are a Settlement Class Member, your options are:
Description | Due Date | |
---|---|---|
Submit a Claim Form |
Tuesday, February 11, 2025 11:59 AM PST You must submit a valid Claim Form to get money or benefits from this Settlement. Claim Forms must be submitted online by February 11, 2025, or, if mailed, postmarked no later than February 11, 2025. You can file a claim by clicking HERE. |
Tuesday, February 11, 2025 11:59 AM PST |
Do Nothing |
If you do nothing, you remain in the Settlement. You give up your rights to sue and you will not get any money or benefits. |
|
Exclude Yourself |
Monday, January 27, 2025 Get out of the Settlement. Get no money. Keep your rights. This is the only option that allows you to keep your right to sue about the claims in this Lawsuit. You will not get any money or credit monitoring from the Settlement. Your Opt-Out Request must be postmarked no later than January 27, 2025. |
Monday, January 27, 2025
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File an Objection |
Monday, January 27, 2025 Stay in the Settlement but tell the Court why you think the Settlement should not be approved. Objections must be postmarked no later than January 27, 2025. |
Monday, January 27, 2025
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Go to a Hearing |
Thursday, March 13, 2025 11:00 AM MST You can ask to speak in Court about the fairness of the Settlement, at your own expense. See Question 18 for more details. The Final Approval Hearing is scheduled for March 13, 2025, at 11:00 AM. |
Thursday, March 13, 2025 11:00 AM MST |
The Lawsuit against New Enchantment Group, LLC (“NEG”) is based on the unauthorized access to NEG’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. NEG disagrees with Plaintiffs’ claims and denies any wrongdoing.
The Settlement offers payments and financial account monitoring services to members of the Settlement Class. Settlement Class Members can claim the following Settlement Benefits:
The proposed Settlement will provide 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.
- 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.
- 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.
This website provides a summary of your rights and options. Your rights and options, and the deadlines to exercise them, along with terms of the proposed Settlement are explained further in the Notice. The most comprehensive explanation of your rights and options is contained in the Settlement Agreement.