1. WHY WAS THE NOTICE ISSUED?
2. WHAT IS THIS LAWSUIT ABOUT?
3. WHAT IS A CLASS ACTION?
4. WHY IS THERE A SETTLEMENT?
5. WHO IS INCLUDED IN THE SETTLEMENT?
6. ARE THERE EXCEPTIONS TO BEING INCLUDED?
7. WHAT DOES THE SETTLEMENT PROVIDE?
8. HOW MUCH WILL MY PAYMENT BE?
9. WHAT CLAIMS AM I RELEASING IF I STAY IN THE SETTLEMENT CLASS?
10. HOW DO I SUBMIT A CLAIM AND GET A CASH PAYMENT?
11. WHAT IS THE DEADLINE FOR SUBMITTING A CLAIM?
12. WHEN WILL I GET MY PAYMENT?
13. DO I HAVE A LAWYER IN THE CASE?
14. SHOULD I GET MY OWN LAWYER?
15. HOW WILL THE LAWYERS BE PAID?
16. HOW DO I OPT OUT OF THE SETTLEMENT?
17. HOW DO I TELL THE COURT IF I LIKE OR DO NOT LIKE THE SETTLEMENT?
18. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?
19. WHEN IS THE COURT’S FINAL APPROVAL HEARING?
20. DO I HAVE TO COME TO THE FINAL APPROVAL HEARING?
21. WHAT HAPPENS IF I DO NOTHING AT ALL?
22. HOW DO I GET MORE INFORMATION?
A state court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Gonzales v. DP Brokerage, Inc., Case No. 2023-ca 008754 (4th Judicial Circuit, Duval Cty.). The person that filed this lawsuit is called the “Plaintiff” and the company they sued, DP Brokerage, is called the “Defendant.”
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This lawsuit alleges that personal information was impacted by the cybersecurity incident that affected DP Brokerage in or around December 2022 (“Security Incident”).
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Class Representatives” or “Plaintiffs.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all settlement class members, except for those who opt out from a settlement. In this Settlement, the Settlement Class Representative is Elijah Gonzales.
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The Court did not decide in favor of the Plaintiff or the Defendant. The Defendant denies all claims and contends that it has not violated any laws. Plaintiff and the Defendant agreed to a Settlement to avoid the costs and risks of a trial, and through the Settlement, Settlement Class Members are eligible to receive payments. The Plaintiff and the attorneys think the Settlement is best for all Settlement Class Members.
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The Settlement Class consists of all individuals, or their respective successors or assigns, who reside in the United States and whose personal information was impacted by the Security Incident.
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Yes. Excluded from the Settlement Class are (i) DP Brokerage, Inc.; (ii) the Related Entities; (iii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal activity occurrence of the Security Incident or who pleads nolo contendere to any such charge.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing or writing to Settlement Administrator at:
DP Brokerage Settlement
Settlement Administrator
PO Box 25226
Santa Ana, CA 92799
Info@DPBSettlement.com
You may also view the Settlement Agreement and Release (“Settlement Agreement”) here.
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Under the Settlement, DP Brokerage will pay all valid and timely claims for Credit Monitoring, Unreimbursed Ordinary Losses, Lost Time, Extraordinary Losses and an Alternative Cash Payment.
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Payments will vary - Settlement Class Members may submit a claim form for: (1) 2 years of credit monitoring; (2) Ordinary Losses – up to a total of $2,000 per claimant; (3) Lost Time - $20 per hour for up to 4 hours (for a total of $80, subject to the $2,000 cap on Unreimbursed Ordinary Loss Claims); (4) Extraordinary Losses – up to $5,000 per claimant; or (5) Alternative Cash Payment of $50 (which is an alternative to making a claim for Credit Monitoring, Unreimbursed Ordinary Losses, Lost Time and Extraordinary Losses).
Credit Monitoring Services. All Settlement Class Members shall have the ability to make a claim for 2 years of credit monitoring services and identity theft protection by choosing this benefit on this Claim Form.
Unreimbursed Ordinary Loss. All Settlement Class Members shall have the ability to make a claim for up to $2,000 in Unreimbursed Ordinary Losses. Claims for Unreimbursed Ordinary Losses must be supported with documentation. An “Unreimbursed Ordinary Loss” includes any loss that: (i) is an actual, documented and unreimbursed monetary loss; (ii) was more likely than not caused by the Security Incident; and (iii) was incurred after March 6, 2023, and before the end of the claim period. Unreimbursed Ordinary Losses may include 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 that were incurred on or after mailing of the notice of data breach, through the date of claim submission; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.
Lost Time Claims. All Settlement Class Members shall have the ability to make a claim for up to 4 hours of Lost Time. Claims for Lost Time must be supported by either documentation or an attestation (statement under oath) that the activities they performed were related to the Security Incident. Claims for Lost Time are subject to the $2,000 cap for Unreimbursed Losses.
Extraordinary Losses. All Settlement Class Members shall have the ability to make a claim for up to $5,000 in Extraordinary Losses. Claims for Extraordinary Losses must be supported with documentation. An “Extraordinary Loss” includes any loss that: (i) is an actual, documented, and unreimbursed monetary loss; (ii) was more likely than not caused by the Security Incident; (iii) was incurred after the date of the Security Incident; and (iv) is not already covered by one or more of the other reimbursement categories (listed above); and the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.
Alternative Cash Payment Claims. In the alternative to claims for Unreimbursed Ordinary Losses, Extraordinary Losses, Lost Time, and Credit Monitoring Services, Settlement Class Members can make a claim for a $50 Alternative Cash Payment.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the DP Brokerage about any of the legal claims this Settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found here.
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You may file a claim if you are an individual who resides in the United States whose personal information was impacted by the cybersecurity incident that affected DP Brokerage on or around December 2022.
Claim Forms may be submitted online here or downloaded here and mailed to the Settlement Administrator at: DP Brokerage Settlement, Settlement Administrator, PO Box 25226, Santa Ana, CA 92799-9874
You may also contact the Settlement Administrator to request a Claim Form by telephone 1-(888) 406-4985, by email info@DPBSettlement.com, or by U.S. mail at the address above.
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If you submit a claim by U.S. mail, the completed and signed Claim Form must be postmarked by November 30, 2024. If submitting a Claim Form online, you must do so by November 30, 2024.
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The Court is scheduled to hold a final approval hearing on February 18, 2025, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a Service Award to the Settlement Class Representative who brought this Action on behalf of the Settlement Class.
If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.
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Yes, the Court appointed the law firm of Strauss Borrelli PLLC to represent you and other members of the Settlement Class (“Settlement Class Counsel”). You will not be charged directly for these lawyers; instead, they will receive compensation from DP Brokerage (subject to Court approval). If you want to be represented by your own lawyer, you may hire one at your own expense.
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It is not necessary for you to hire your own lawyer because Settlement Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Settlement Class Counsel will file a motion for an award of attorneys’ fees and litigation costs and expenses to be paid by DP Brokerage. DP Brokerage’s has agreed not to oppose Settlement Class Counsel’s request for an award of attorneys’ fees and litigation costs and expenses not to exceed Two Hundred and Fifteen Thousand Dollars and Zero Cents ($215,000.00). Any attorneys’ fees and costs awarded to Settlement Class Counsel will be paid by DP Brokerage separate and apart from the benefits approved for the Settlement Class Members.
Settlement Class Counsel will also seek a service award payment for the Settlement Class Representative in recognition for his contributions to this Action. DP Brokerage has agreed not to oppose Settlement Class Counsel’s request for a service award for the Settlement Cass Representative not to exceed Two Thousand Five Dollars and Zero Cents ($3,500.00). Any service award to the Settlement Class Representative will be paid by DP Brokerage separate and apart from the benefits approved for the Settlement Class Members.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the DP Brokerage about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is October 31, 2024.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than October 31, 2024.
DP Brokerage Settlement
Settlement Administrator
ATTN: Exclusion Request
PO Box 25226
Santa Ana, CA 92799-9874
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive a payment or any other benefits under the Settlement if you exclude yourself. You may only exclude yourself – not any other person.
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If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement.
For an objection to be considered by the Court, the objection must include: (i) the name of the proceeding; (ii) the Settlement Class Member’s full name, current mailing address, telephone number and email address (if any); (iii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney (iv) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (v) the identity of any attorneys representing the objector; (vi) a statement as to whether the objection applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class; (vii) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (viii) a list of all other matters in which the objecting Settlement Class Member and/or his/her attorney has lodged an objection to a class action settlement; and (ix) the signature of the objector’s duly authorized attorney or other duly authorized representative (if any), along with documentation setting forth such representation.
Any Settlement Class Member who does not file a timely and adequate objection in accordance with above paragraph waives the right to object or to be heard at the Final Approval Hearing and shall be forever barred from making any objection to the Settlement and shall be bound by the terms of the Agreement and by all proceedings, orders, and judgments in the Action.
Objections must be filed with the Court no later than October 31, 2024.
Clerk of the Court
501 W Adams St.
Jacksonville, Florida 32202
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court is scheduled to hold a final approval hearing on February 18, 2025 at 3:00 p.m. E.T., at Duval County Courthouse, Hearing Room 743, 501 West Adams Street, Jacksonville, Florida, or by Zoom Conference, Hearing Room Zoom # 697-120-5318, https://zoom.us/j/6971205318#success, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a service award payment to the Class Representative who brought this Action on behalf of the Settlement Class. If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost. The date and time of this hearing may change without further notice. Please check back for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time and meets the requirements above.
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If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will not receive a payment from this Settlement.
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The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
Email: info@DPBSettlement.com
Toll-Free: 1-(888) 406-4985
Mail: DP Brokerage Settlement, Settlement Administrator, PO Box 25226, Santa Ana, CA 92799-9874
Publicly filed documents can also be obtained by visiting the office of the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida or by reviewing the Court’s online docket.
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