Notice of Proposed Class Action Lawsuit Settlement
New Enchantment Group, LLC (“NEG”) is providing this notice to notify potentially affected individuals about a proposed Settlement that has been reached in a class action lawsuit known as Davila et al. v. New Enchantment Group, LLC, Case No. 2:23-cv-01098-SRB, (“Lawsuit”), filed in the U.S. District Court for the District of Arizona.
What is this about? The Lawsuit against 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.
Who is a Settlement Class Member? You are a Settlement Class Member if you are a person who NEG 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.
What are the benefits? The Settlement provides the following benefits:
- Two years of free, triple-bureau Credit Monitoring Services; and
- Either (a) reimbursement for Attested Time (up to $150), Out-of-Pocket Costs (up to $500), and/or Financial Losses (up to $4,000); or (b) an Alternate Cash Payment of $75.00.
How to make a claim? To receive benefits from the Settlement, you must submit a Claim Form online at www.newenchanmentsettlement.com by February 11, 2025, or by mail postmarked by February 11, 2025, and mailed to the Claims Administrator’s address below.
What are my other rights?
- Do nothing: If you do nothing, you remain in the Settlement. You give up your right to sue, but you will not get any money or benefits; you must submit a Claim Form to get money or benefits.
- Exclude yourself: You can get out of the Settlement and keep your right to sue about the claims in this Lawsuit, but you will not get any money or benefits from the Settlement. You must submit an Opt-Out Request to the Claims Administrator by January 27, 2025.
- Object: You can stay in the Settlement but tell the Court why you think the Settlement should not be approved. Objections must be submitted by February 11, 2025. Detailed instructions on how to file a Claim Form, exclude yourself, or object are on the Settlement Website at www.newenchantmentsettlement.com. The Court will hold the Final Approval Hearing on March 13, 2025, at 11:00 a.m. MST to consider whether the proposed Settlement is fair, reasonable, and adequate, to consider an award of combined attorneys’ fees, costs, and expenses of up to $282,500 and request a service award of $1,500 to the Settlement Class Representative, and to consider whether and if it should be approved. You may attend the hearing, but you don’t have to.
This is only a summary. For additional information, including a copy of the Settlement Agreement, Notice, Claim Form, Settlement Class Counsel’s application for attorneys’ fees and expenses, and other documents, visit www.newenchantmentsettlement.com or call 1-877-316-0125. You may also contact the Claims Administrator at New Enchantment Group, c/o AB Data, P.O. Box 173106 Milwaukee, WI 53217.