The Notice further explains the proposed settlement, including how to submit a claim, exclude yourself, or submit an objection.
The United States District Court for the Southern District of Florida authorized this 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. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
This lawsuit alleges that private and sensitive information may have been impacted due to the unauthorized access to Defendant’s computer systems on or between August 30 and September 2, 2022. The information affected, depending on the individual, included names, Social Security numbers, and financial account numbers.
If you received a mailed notice of this Settlement, you have been identified as a member of the Settlement Class and included in the Settlement. More specifically, the Settlement Class includes all individuals in the United States who were impacted by the Data Incident, including all who were sent a notice of the Data Incident that occurred on or around August 30 to September 2, 2022.
Excluded from the Settlement Class are: (i) all persons who are employees, directors, officers, and agents of Fontainebleau; (ii) the judges assigned to the Action and to evaluate the fairness, reasonableness, and adequacy of this Settlement, and those judges’ immediate family and Court staff; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of perpetrating, 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 Class, you can ask for free help by emailing or writing to Settlement Administrator at: FontainebleauDataSettlement@rg2claims.com or you may view the Settlement Agreement.
SUBMIT A CLAIM BY OCTOBER 31, 2024 - The only way to receive benefits from this Settlement is by submitting a valid, complete, and timely Claim Form.
You can submit your Claim Form here, or download the Claim Form here and mail it to the Settlement Administrator. You may also call or email the Settlement Administrator to receive a paper copy of the Claim Form.
OPT OUT OF THE SETTLEMENT BY SEPTEMBER 16, 2024 - You can choose to opt out of the Settlement and receive no benefits from this Settlement. This option allows you to sue, continue to sue, or be part of another lawsuit against the Defendant related to the legal claims resolved by this Settlement. You can hire your own legal counsel at your own expense.
OBJECT TO THE SETTLEMENT AND/OR ATTEND A HEARING BY SEPTEMBER 16, 2024 - If you do not opt out of the Settlement, you may object to it by writing to the Court about why you don’t like the Settlement. You may also ask the Court for permission to speak about your objection at the Final Approval Hearing. If you object, you may also file a claim for Settlement benefits.
DO NOTHING- Unless you opt out of the settlement, you are automatically part of the Settlement. If you do nothing, you will not receive benefits from this Settlement and you will give up the right to sue, continue to sue, or be part of another lawsuit against the Defendant related to the legal claims resolved by this Settlement.
These rights and options—and the deadlines to exercise them—are explained in the Notice.
If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue Defendant about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is September 16, 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 September 16, 2024.
Fontainebleau Miami Beach Data Breach Settlement
ATTN: Exclusion Request
c/o Settlement Administrator,
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
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 any Settlement benefits if you exclude yourself. You may only exclude yourself— not any other person.
The Court in charge of this case still has to decide whether to approve the Settlement.