Fernandez v. AUS, INC.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION – BURLINGTON COUNTY
Docket No. BUR L 000674-24
Individuals who were notified by AUS, Inc. that their confidential personally identifiable information (“PII”) may have been compromised in a Data Incident that occurred on or about November 28, 2022 may be eligible for a payment from a class action settlement.
• A settlement has been reached with AUS, Inc. (“AUS”) in a class action lawsuit (the “Lawsuit”) arising from a data incident that occurred on or about November 28, 2022 (the “Data Incident”). AUS began mailing notice letters to those persons whose information was identified as being impacted on or about January 4, 2023. Following Notice of the Data Incident, the Lawsuit was filed against AUS asserting claims arising from the Data Incident. AUS denies it has any liability for the claims asserted in the Lawsuits and contends that it did not engage in any improper conduct.
• In the Lawsuit, Plaintiff alleges that AUS was the target of a Data Incident in which an unauthorized third-party accessed AUS’s systems which contained personal information. Plaintiff alleges that during the Data Incident, an unauthorized third-party gained access to personally identifiable information (“PII”) belonging to Plaintiff and other similarly situated AUS customers. The PII may have included full names and Social Security numbers.
• The Settlement Class includes all individuals whose full names and other PII was potentially accessed during the Data Incident.
• The Settlement also provides the following: Cash payments for (i) reimbursement of up to $30 per hour (for a maximum of 4 hours) spent dealing with the Data Incident; (ii) reimbursement of up to $400 per person for documented “Ordinary Losses” incurred in responding to the Data Incident, inclusive of the value of any claimed Lost Time; and (iii) reimbursement for documented “Extraordinary Losses” incurred in responding to the Data Incident of up to $4,500.00. The maximum amount that can be claimed for Lost Time and Ordinary Losses is $400.00 in total. In addition to these cash benefits, Settlement Class Members may enroll in two years of three-bureau credit monitoring services.
• All Settlement Class Members will receive the opportunity to claim two years of three-bureau credit monitoring services from the Effective Date of the Settlement. You must file a Claim Form requesting the service and, when the Settlement becomes final, you will be provided an activation code for enrollment. The credit monitoring services include (i) credit monitoring (ii) dark web monitoring; and (iii) identity theft insurance of up to $1,000,000.00.
• The Settlement also provides for an Alternative Cash Payment. In lieu of compensation for Lost Time, Ordinary Losses, and/or Extraordinary Losses, and in lieu of the free credit monitoring services, Settlement Class Members may elect to receive an Alternative Cash Payment of $115.00.
• You must file a Claim Form to receive Credit Monitoring or one or more of the compensation categories provided for under the Settlement. You can file a Claim Form HERE, downloading a Claim Form and mailing it, or you may call and ask that a Claim Form be mailed to you. The last day to postmark or file a claim online (“Claim Deadline”) is February 25, 2025.
Your legal rights are affected even if you do nothing.
Read the Notice carefully.
| Your Legal Rights & Options in this Settlement | ||
| Submit a Claim | You must submit a claim to get a payment. | Deadline: February 25, 2025 |
| Ask to be Excluded | This allows you to sue AUS over the claims resolved by this Settlement. You will not get anything from this Settlement. | Deadline: January 27, 2025 |
| Object | Write to the Court about why you do not like the Settlement. You can still get a payment. | Deadline: January 27, 2025 |
| Do Nothing | You get no payment, will not be eligible to enroll for credit monitoring, and you give up rights. | |
• These rights and options – and the deadlines to exercise them – are explained in the Notice.
• The Court in charge of this case still must decide whether to grant final approval of the Settlement. Payments will only be made after the Court grants final approval of the Settlement and after any appeals are resolved in favor of the Settlement.