To: All individuals identified by DAVACO and to whom DAVACO sent notice on or about July 2, 2021 that their information may have been impacted in the Security Incident, defined below.
Important Dates
January 12, 2023
November 28, 2022
November 28, 2022
February 15, 2023 1:00 pm CT
A proposed settlement has been reached in a class action lawsuit titled, James, et al. v. DAVACO, Inc., et al., No. 3:21-CV-02318-M (N.D. Tex.). The lawsuit asserted claims against Defendants DAVACO, Inc. and DAVACO LP (collectively “DAVACO” or “Defendants”) related to a security incident that occurred on or about June 11, 2021 and about which DAVACO notified potentially impacted individuals in July 2021 (the “Security Incident”). Defendants deny all of the claims and deny that they did anything wrong.
The settlement offers payments to Settlement Class Members who were sent notice that they were potentially affected by the Security Incident. Certain of the amounts paid will depend upon how many people submit valid claims but initially are set at the following amounts:
(1) If you are a Settlement Class Member you may claim a Basic Award of $185.00 or 36 months of free identity-theft protection, called “Financial Shield” by Pango (a.k.a. Aura). The Basic Award is subject to upward or downward adjustment based on the number of valid claims made;
(2) If you are a Settlement Class Members and you were a resident of California on June 11, 2021, you may also claim a California Subclass Award of $175.00, subject to upward or downward adjustment based on the number of claims made;
(3) If you are a Settlement Class Member and you experienced unauthorized charges or other identifiable losses that were not denied, reversed or otherwise credited or reimbursed to you and which you believe in good faith were more likely than not caused by the Security Incident, you may also file a claim for a Reimbursement Award as explained below; and
(4) If you are a Settlement Class Member and you spent time addressing or remedying issues related to the Security Incident, you may also claim a Time Spent Award up to five (5) hours of time at $20.00 per hour.
| If you are a Settlement Class Member, your options are: | |
|---|---|
| SUBMIT A CLAIM FORM DEADLINE | You must submit a valid claim form to receive a payment from this Settlement. DEADLINE: JANUARY 12, 2023 |
| DO NOTHING | You will receive no payment and will no longer be able to sue Defendants over the claims resolved in the settlement. |
| EXCLUDE YOURSELF DEADLINE | You may exclude yourself from this settlement and keep your right to sue separately. If you exclude yourself, you receive no payment. Exclusion instructions are provided in this notice. DEADLINE: NOVEMBER 28, 2022 |
| OBJECT DEADLINE | If you do not exclude yourself, you may write to the Court to comment on or detail why you do not like the settlement by following the instructions in this notice. The Court may reject your objection. You must still file a claim if you desire any monetary relief under the settlement. DEADLINE: NOVEMBER 28, 2022 |
The court must give final approval to the settlement before it takes effect, but has not yet done so. No payments will be made until after the court gives final approval and any appeals are resolved.
Please review the notice carefully. You can learn more about the settlement by visiting the Important Documents page or by calling 1-888-885-5108.