FREQUENTLY ASKED QUESTIONS
BASIC INFORMATION
The Court authorized the Notice because you have a right to know about the proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the Settlement. The Notice explains the legal rights and options that you may exercise before the Court decides whether to approve the Settlement.
Judge Richard L. Hertzberg of the Superior Court of New Jersey, Law Division, of Burlington County is overseeing settlement of these lawsuits, which are captioned as Winston Fernandez, on behalf of himself and all others similarly situated v. AUS, Inc., Docket No. BUR L 000674-24. The person who sued AUS is called the “Plaintiff.” AUS, Inc. is called the “Defendant.”
The lawsuit claims that AUS was responsible for the Data Incident that occurred on or about November 28, 2022, and asserts claims against AUS for negligence, negligence per se, Incident of fiduciary duty, Incident of implied contract, and declaratory judgment. The lawsuits seek compensation for people who incurred losses as a result of the Data Incident.
AUS denies it has any liability for the claims asserted and contends that it did not engage in any improper conduct.
In a class action, one or more people called “Class Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.” In this case, the Class Plaintiff is Winston Fernandez. One court oversees the settlement of claims for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation and/or credit monitoring. The Class Plaintiff and his attorneys believe the Settlement is fair, reasonable, and adequate and, thus, in the best interests of the Settlement Class and its members. The Settlement does not mean that AUS did anything wrong.
WHO IS IN THE SETTLEMENT?
You are included in the Settlement if your full name and other PII was potentially accessed during the Data Incident. Specifically excluded from the Settlement Class are: (a) AUS and its respective officers and directors; (b) Settlement Class Members who timely and validly request exclusion from the Settlement Class (for more information about requesting exclusion see questions 13–15, (c) the Judge assigned to evaluate the fairness of this Settlement; and (d) 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 Data Incident or who pleads nolo contendere to any such charge.
If you are not sure whether you are included in the Settlement, or have any other questions related to the settlement, you may:
1. Call 1-888-816-4525
2. Email AUSDataSettlement@atticusadmin.com; or
3. Write to AUS, Inc. Data Incident Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164.
Please do not contact the Court with questions.
THE SETTLEMENT BENEFITS
Settlement Class Members will receive the opportunity to enroll in credit monitoring. The credit monitoring service will be provided for a period of two years from the Effective Date of the Settlement. Settlement Class Members must submit a Settlement Claim Form in order to receive this service. Once the Settlement is final, Settlement Class Members who submitted a Claim Form requesting credit monitoring services will be provided an activation code to enroll via email directly in the service.
The Settlement also provides cash payments to people who submit valid claims for Ordinary Losses or Lost Time as a result of the Data Incident.
Settlement Class Members are eligible to receive cash reimbursement for the following categories of expenses:
• Compensation for Lost Time: Settlement Class Members may file a claim to receive a cash payment for up to four (4) hours of lost time remedying issues related to the Data Incident, at a rate of $30 per hour with an attestation that the time was spent dealing with the Data Incident. Any payments made for lost time will be included in the $400 available for claims of Ordinary Losses.
• Compensation for Ordinary Losses: Settlement Class Members may file a claim to receive cash payments of up to $400 per person (minus any payments for lost time) for ordinary losses incurred in responding to the Data Incident. Ordinary Losses include:
o Unreimbursed bank fees, such as overdraft fees, charges related to the unavailability of funds, late fees, over-limit fees, or other unreimbursed charges;
o Long distance telephone charges;
o Cellphone charges (if charged by the minute or the amount of data usage);
o Internet usage charges (if charged by the minute or the amount of data usage);
o Text messages (if charged by the message);
o Miscellaneous expenses such as notary, fax, postage, copying and mileage; and
o Fees associated with credit reports, credit monitoring, or other identity theft insurance products purchased between October 15, 2021, and November 1, 2024.
• Compensation for Extraordinary Losses: Settlement Class Members may file a claim to receive cash payments for Extraordinary Losses incurred responding to the Data Incident. Extraordinary Losses include expenses associated with identity theft, medical fraud, tax fraud, other forms of fraud, and other actual misuse of personal information, provided that (i) the loss is an actual documented and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Data Incident; (iii) the loss is not already covered by one or more of the Ordinary Loss compensation categories (i.e., lost time or ordinary expenses); (iv) the claimant made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring or identity monitoring insurance; and (v) the loss occurred between October 15, 2021, and February 25, 2025.
• Credit Monitoring: Settlement Class Members who file a claim for any of the above cash payment benefits may also submit a claim to enroll in two years of three-bureau credit monitoring services. The credit monitoring service provided includes, at least, the following, or similar, services: (i) credit monitoring; (ii) dark web monitoring; and (iii) identity theft insurance of up to $1,000,000.00.
• Alternative Cash Payment: Settlement Class Members may choose to file a claim for an Alternative Cash Payment of $115.00 in lieu of any of the other benefits listed above.
Reasonable documentation must be submitted with your Claim Form showing that the Ordinary Losses or Extraordinary Losses were more likely than not caused by the Data Incident in order to receive reimbursement. More details are provided in the Settlement Agreement, which is available HERE.
HOW TO GET BENEFITS
To get cash payment(s) from the Settlement or to enroll in credit monitoring provided, you must complete a Claim Form. Please read the instructions carefully, fill out the Claim Form, provide reasonable documentation (where applicable), and submit it online or mail it postmarked no later than February 25, 2025, to:
AUS, Inc. Data Incident Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
You may submit a claim online HERE, or you may request one by mail by calling 1-888-816-4525.
The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may require additional information from any claimant. If the required information is not provided timely, the claim will be considered invalid and will not be paid.
If the claim is complete and the Claims Administrator denies the claim entirely or partially, the claimant will be provided an opportunity to have their claim reviewed by an impartial Claims Referee selected by the parties.
REMAINING IN THE SETTLEMENT
You do not have to do anything to remain in the Settlement, but if you want to enroll in identity monitoring, or request a cash payment, you must submit a Claim Form online or mail one postmarked by February 25, 2025.
If the Settlement becomes final, you will give up your right to sue AUS for the claims being resolved by this Settlement. The specific claims you are giving up against AUS are described in paragraph 1.21 of the Settlement Agreement. You will be releasing AUS and all related people or entities as described in Section 1.22 of the Settlement Agreement. The Settlement Agreement is available HERE.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the law firms listed in Question 16 for free, or you can, of course, talk to your own lawyer at your own expense.
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want a payment from this Settlement, but you want to keep the right to sue AUS about issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself from – or is sometimes referred to as “opting out” of – the Settlement Class.
No. If you exclude yourself, you will not be entitled to any benefits of the Settlement. You will also not be bound by any judgment in this case.
No. Unless you exclude yourself, you give up any right to sue AUS for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for a payment or the credit monitoring services.
To exclude yourself, send a letter that says you want to be excluded from the Settlement in Class Action Case No. BUR L 000674-24 captioned as Winston Fernandez, on behalf of himself and all others similarly situated v. AUS, Inc. Include your name, address, and signature. You must mail your Exclusion Request postmarked by January 27, 2025, to: AUS, Inc., Data Incident Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164.
THE LAWYERS REPRESENTING YOU
The Court appointed the following lawyers as Settlement Class Counsel: Vicki J. Maniatis, Gary M. Klinger and David K. Lietz of Milberg Coleman Bryson Phillips Grossman, PLLC and Terence R. Coates of Markovits, Stock & DeMarco, LLC.
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 request the Court’s approval of an award for attorneys’ fees and reasonable costs and expenses of up to $200,000.00. Settlement Class Counsel will also request approval of a service award of up to $2,500 for Plaintiff Winston Fernandez. Any amount that the Court awards for attorneys’ fees, costs, expenses, and incentive awards will be paid separately by AUS and will not reduce the amount of payments to Settlement Class Members who submit valid claims.
OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the Settlement or some part of it.
You can object to the Settlement if you do not like it or some part of it. The Court will consider your views. To do so, you must file a written objection in this case, Case No. BUR L 000674-24 captioned as Winston Fernandez, on behalf of himself and all others similarly situated v. AUS, Inc., with the Clerk of the Court at the address below.
Your objection must include all of the following information: (i) your full name, address, telephone number, and e-mail address (if any); (ii) information identifying you as a Settlement Class Member; (iii) a written statement of all grounds for the objection; (iv) the identity of all counsel representing you; (v) a statement whether you and/or your counsel will appear at the Final Fairness Hearing; (vi) your signature and the signature of your duly authorized attorney or other duly authorized representative, if applicable; and, (vii) a list of all other cases in which you have filed an objection to any proposed class action settlement within the last 3 years.
Your objection must be postmarked no later than January 27, 2025 to:
Clerk of Court
49 Rancocas Road
Mount Holly, New Jersey 08060
In addition, you must mail a copy of your objection and any supporting documents to the Claims Administrator at the address listed below postmarked no later than January 27, 2025:
AUS, Inc. Data Incident Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
You must also mail a copy of your objection and any supporting documents to Settlement Class Counsel and Counsel for AUS, postmarked no later than January 27, 2025:
| Settlement Class Counsel | Defendant’s Counsel |
| Gary M. Klinger MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 West Monroe Street, Suite 2100, Chicago, Illinois 60606 | Jill H. Fertel CIPRIANI & WERNER PC 450 Sentry Parkway Suite 200 Blue Bell, PA 19422 |
Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
THE COURT’S FAIRNESS HEARING
The Court will hold a hearing to decide whether to grant final approval of the Settlement.
The Court will hold a Fairness Hearing on March 3, 2025. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check back here or call 1-888-816-4525 to ensure the hearing has not been moved.
At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and may listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for a service award for the Class Plaintiff. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take so please be patient and continue to check the Settlement Website for updates.
No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 18, the Court will consider it.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must file an objection according to the instructions in Question 18, including all the information required. Your Objection must be filed with the Clerk of the Court no later than January 27, 2025. In addition, you must mail a copy of your objection to the Claims Administrator, PO Box 64053, Saint Paul, MN 55164, postmarked no later than January 27, 2025. See Question 18 for more information regarding objections.
IF YOU DO NOTHING
If you do nothing, you will get no monetary benefits from this Settlement and you will not have the opportunity to enroll in the credit monitoring service, if the Settlement is finally approved. Once the Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against AUS related to the legal issues in this case, ever again.
You must exclude yourself from the Settlement if you want to retain the right to sue AUS for any of the claims resolved by this Settlement.
GETTING MORE INFORMATION
The Notice only provides a summary of the proposed Settlement. Complete details about the Settlement can be found in the Settlement Agreement available HERE.
You may also:
1. Write to: AUS, Inc., Data Incident Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164.
2. Email ausdatasettlement@atticusadmin.com.
3. Call the toll-free number 1-888-816-4525.