Frequently Asked Questions

This Settlement Website has been created relating to a class action brought against Defendant relating to a Data Incident that occurred between approximately December 15, 2022 to December 28, 2022, in which Defendant’s computer systems were infiltrated by unauthorized individuals and the personally identifiable information of consumers was potentially compromised.

The Court approved this notice because Class Members have a right to know about the proposed class action settlement, and about their options, before the Court decides whether to approve the settlement. This Settlement Website explains the Lawsuit, the settlement, Class Members’ legal rights, what benefits are available, and how to claim those benefits.

The Court in charge of the case is the United States District Court for the Northern District of Georgia, and the case is known as Cain et al. v. CGM, L.L.C. d/b/a CGM, INC. Case No. 1:23-CV-02604-SEG.  The persons who sued are called the Plaintiffs, and the company they sued is called the Defendant.

The Lawsuit claims that the Defendant failed to properly safeguard the personally identifiable information that Plaintiffs allege was compromised in the Data Incident. Defendant contends that it acted in accordance with applicable law and that it has no liability or fault relating to the Data Incident. 

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of themselves and other people who have similar claims. All of these people are called a Settlement Class or Class Members. This is a class action because the Court has preliminarily determined that the settlement meets the legal requirements for resolution of a class action. Because the case is a class action, one Court resolves the issues for everyone in the Settlement Class, except for those people who choose to exclude themselves from the Settlement Class. 

The Court did not decide in favor of the Plaintiffs or the Defendant. Instead, both sides agreed to a settlement. The Plaintiffs have the duty to act in the best interests of the Settlement Class as a whole and, in this case, it is their belief, as well as Class Counsel’s opinion, that this settlement is in the best interest of all Class Members for at least the following reasons:

There is legal uncertainty about whether a judge or a jury will find that Defendant is legally responsible, whether this case could proceed as a class action if litigated, whether Plaintiffs would be able to prove causation and damages at trial, and whether any verdict would withstand appeal, which might result in Class Members receiving no recovery, or a substantially smaller recovery than that being offered here. Even if the Plaintiffs were to win at trial, there is no assurance that the Class Members would be awarded more than the current settlement provides, and it may take years of litigation before any payments would be made. By settling, the Class Members will avoid these, and other risks and the delays associated with continued litigation in exchange for access to guaranteed benefits now.

While Defendant disputes Plaintiffs’ claims, it has agreed to settle the lawsuit to avoid the costs, distractions, and risks of litigation. Thus, even though Defendant denies that it did anything improper, it believes settlement is in the best interests of all the Parties. The Court will evaluate the settlement to determine whether it is fair, reasonable, and adequate before it approves the settlement.

If you received a notice addressed to you regarding the Data Incident, then you are a Settlement Class Member, and you will be a part of the settlement unless you exclude yourself. If you are not sure whether you have been properly included, you can use the Contact section of this Settlement Website.

The settlement provides for a number of benefits, and Class Members can claim as many of the benefits to which they are entitled. These benefits are available because Defendant has agreed to pay $1,500,000 into a Settlement Fund.

First, Class Members may submit a claim to receive, at no cost, three years of 3-credit-bureau credit monitoring and Identity Theft Protection Services (including $1,000,000 in identity theft insurance). 

Second, Class Members who suffered an out-of-pocket loss or Lost Time related to the Data Incident may submit a claim for a cash reimbursement. Defendant will pay valid claims for Ordinary Losses (up to $400.00), Lost Time (at $20/hour up to 4 hours), and Extraordinary Losses (up to $4,000.00) that a Class Member experienced fairly traceable to the Data Incident. These categories are explained in detail on the Claim Form. 

Alternatively (and instead of receiving payment for Lost Time, Ordinary Losses, or Extraordinary Losses), you may instead elect to receive an Alternative Cash Payment estimated to be $20 (subject to increase or decrease based on the total Net Settlement Funds remaining after payment of all other claim types). The Alternative Cash Payment will be calculated as each claimant’s pro rata amount of the monies left in the Net Settlement Fund after deducting the costs for paying for the credit monitoring described above and paying valid claims for Ordinary Losses, Extraordinary Losses, and Lost Time. 

To receive any of the cash benefits or the Identity Theft Protection Services available from the settlement, you must submit a claim using the Claim Form, which may be obtained online in the Documents section of this Settlement Website or by clicking the 'Submit Claim' button.

The Court will hold a Final Approval Hearing on August 26, 2024, to decide whether to approve the settlement. If the Court approves the settlement, there may be a period when appeals can be filed. Once any appeals are resolved or if no appeals are filed, it will be possible to distribute the funds. This may take several months and perhaps more than a year.

Unless you exclude yourself, you are staying in the Class, and that means you cannot sue, continue to sue, or be part of any other lawsuit against Defendant relating to the legal claims in this case. It also means that all of the Court’s orders will apply to you. Once the settlement is final, your claims relating to this case will be released.

To exclude yourself from this settlement, you must send a letter by mail saying that you want to opt-out or be excluded from Cain et al. v. CGM, L.L.C. d/b/a CGM, INC. The letter must include your name, address, telephone number, and your signature. You must mail your  request to opt-out postmarked no later than June 27, 2024 to: 

You cannot exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get any settlement benefits, and you cannot object to the settlement. You will not be legally bound by anything that happens in this Lawsuit. 

No. Unless you exclude yourself, you give up the right to sue the Defendant for the claims resolved by this settlement. If the settlement is finally approved, you will be permanently enjoined and barred from initiating or continuing any lawsuit or other proceeding against Defendant about the issues in this Lawsuit. Remember that the Deadline to Opt-Out is June 27, 2024.

No. If you exclude yourself, you are not eligible for any money or other benefits from this settlement.

The Court appointed the law firms of Peiffer Wolf Carr Kane Conway & Wise, LLP and Cohen & Malad, LLP to represent you and other Class Members. Together, the lawyers are called Class Counsel. 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.

Class Counsel will ask the Court for Attorneys’ Fees of up to $500,000, plus reasonable expenses, to be paid from the Settlement Fund, along with a collective total of $11,500 in Service Awards to the seven Class Representatives.

If you’re a Class Member, you can object to the settlement if you don’t like any part of it. To object, you must send a letter to the Settlement Administrator saying that you object to the settlement, or part of it, in Cain et al. v. CGM, L.L.C. d/b/a CGM, INC. To have your objection considered by the Court, you also must file your objection with the Clerk of the Court (identified below).  You must state the reasons for your objection and include any evidence, briefs, motions or other materials you intend to offer in support of the objection. You must include your name, address, telephone number, your signature, and the reasons you object to the settlement, along with any materials in support of your arguments. If you intend to appear at the Final Approval Hearing either yourself or by a lawyer, you must also state your intention to appear. You must mail the objection to the Settlement Administrator at the following address no later than June 27, 2024:

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the settlement. Excluding yourself is telling the Court that you don’t want to be part of the settlement. If you exclude yourself, you have no basis to object because this case no longer affects you.

The Court will hold a Final Approval Hearing at, 10:00 AM ET on August 26, 2024 in Courtroom 2307 of the United States Courthouse, 75 Ted Turner Drive SW, Atlanta, Georgia 30303 (or by telephonic or videoconference if necessary, please check this Settlement Website for updates on the hearing). At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing and complied with question 18 of this notice. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

No. You are welcome to come at your own expense if you wish, but Class Counsel will answer questions the Court may have. If you send an objection, you don’t have to come to Court to talk about it, unless you want to. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary unless you want to.

You may ask the Court for permission to speak at the Final Approval Hearing along with your objection as set forth in paragraph 14 above.

If you do nothing, you will be a part of this settlement, but you must submit a claim to receive any benefits. You won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant relating to the claims brought in this case.

This Settlement Website summarizes the proposed settlement. More details are in the Settlement Agreement on file with the Court and available in the Documents section of this Settlement Website. You can also call toll free (833) 425-4613.