Frequently Asked Questions

Basic Information

1. Why was the Notice issued?

The Arapahoe County District Court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all 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.

The lawsuit is captioned McLaughlin v. LCS Financial Services Corporation, Case No. 2023CV32300. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, LCS, is called the “Defendant.”

2. What is this lawsuit about?

This lawsuit alleges that private and sensitive information may have been impacted due to the unauthorized access to Defendant’s computer systems on or about February 24, 2023 (the “Data Incident”). Depending on the individual, the information may have included names, addresses, dates of birth, phone numbers, email addresses, Social Security Numbers, and/or financial account information.

3. What is a class action?

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out (that is, exclude themselves) from the litigation or, as in this case, a settlement. In this Settlement, the Class Representatives are Ryan McLaughlin, David Lipps, Brandie Stifel, Larry Vaught, and Michael Weiler, and everyone included in this Action are the Class Members.

4. Why is there a Settlement?

The Court did not decide in favor of the Plaintiffs or the Defendant. Plaintiffs and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement for which they qualify and make valid claims. The Plaintiffs and Class Counsel think the Settlement is best for all Class Members.

Who is in the Settlement?

5. Who is included in the Settlement?

The Settlement Class includes all persons residing in the United States who were sent a Notice Letter notifying them that their Private Information may have been accessed in the Data Incident.

6. Are there exceptions to being included?

Yes. Excluded from the Settlement Class are: (a) LCS Financial Services Corporation; (b) the Judge assigned to the Action; and (c) that Judge’s family and staff.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling, emailing, or writing to the Claims Administrator at:

LCS Financial Settlement
c/o Claims Administrator
PO Box 25226, Santa Ana, CA 92799
info@LCSFinancialSettlement.com
(833) 285-3417

You may also view the Settlement Agreement here. You may also contact Class Counsel, your counsel in this matter:

Stranch, Jennings & Garvey, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Tel: (615) 254-8801

The Settlement Benefits

7. What does the Settlement provide?

LCS has agreed to provide the following Settlement Benefits.

Identity Theft Protection. All Class Members can claim two (2) years of identity theft protection services, which will include credit bureau monitoring and $1 million in identity theft insurance protection. No documentation is needed to receive this benefit.

Lost Time Reimbursement. All Class Members can claim reimbursement for up to four (4) hours of time, at $16.65 per hour, that they spent responding to issues raised by the Data Incident. You must provide a brief description of what you did by activity and the general duration of each activity, and attest that the time was spent responding to the Data Incident. This benefit can be combined with the Out-of-Pocket Expense Claims, described below, up to the $425 per Class Member cap. No documentation is needed to receive this benefit.

Out-of-Pocket Expense Claims. Class Members can submit a Claim Form for reimbursement of documented out-of-pocket losses incurred because of the Data Incident, for up to $425 per Class Member. Out-of-Pocket Expense Claims include but are not limited to:

1. unreimbursed bank fees

2. long distance phone and cell phone charges (only if charged by the minute)

3. data charges (only if charged based on the amount of data used)

4. postage or gasoline for local travel

5. fees for credit reports, credit monitoring, or other identity theft insurance products purchased as a result of the Data Incident

These out-of-pocket expenses must have been incurred between February 24, 2023, and November 6, 2024.

You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are insufficient to file a valid claim.

Lastly, you must swear and affirm that these out-of-pocket expenses resulted from dealing with the Data Incident.

Extraordinary Losses. Class Members who suffered a monetary loss caused by fraud or misuse of their data because of the Data Incident can submit a Claim Form for reimbursement of documented losses for up to $5,000 per Class Member. These losses must meet each of these requirements:

1. ctual, documented, and unreimbursed monetary loss caused by misuse of your private information or fraud associated with your private information; and

2. more likely than not caused by the Data Incident; and

3. occurred between February 24, 2023, and November 6, 2024; and

4. not covered by the other reimbursement options listed above; and

5. you made reasonable efforts to avoid, or seek reimbursement for, the loss.

As with Out-of-Pocket Expense Claims, you must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are insufficient to file a valid claim.

Lastly, you must swear and affirm that these out-of-pocket expenses resulted from dealing with the Data Incident.

8. What claims am I releasing if I stay in the Settlement Class?

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review here.

Submitting a Claim Form for Settlement Benefits

9. How do I submit a claim for a Settlement benefit?

The fastest way to submit your Claim Form is by going here. If you prefer, you can also download the Claim Form here and mail it to the Claims Administrator at: LCS Financial Settlement, c/o Claims Administrator, PO Box 25226, Santa Ana, CA 92799.

You may also contact the Claims Administrator to request a Claim Form by telephoning, toll free, (833) 285-3417, by emailing info@LCSFinancialSettlement.com, or by mailing: LCS Financial Settlement, c/o Claims Administrator, PO Box 25226, Santa Ana, CA 92799.

10. What is the deadline for submitting a claim?

If you are submitting a Claim Form online, you must do so by January 28, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be postmarked no later than January 28, 2025.

11. When will the Settlement benefits be issued?

The Court will hold a final approval hearing on January 7, 2025. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.

Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal of the final approval and judgment has expired.

The Lawyers Representing You

12. Do I have a lawyer in the case?

Yes, the Court appointed the law firm of Stranch, Jennings & Garvey, PLLC, to represent you and other members of the Settlement Class (“Class Counsel”). If you have questions about the Litigation or this Settlement, Class Counsel is available to assist you:

Stranch, Jennings & Garvey, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Tel: (615) 254-8801

13. Should I get my own lawyer?

You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your expense.

14. How will Class Counsel be paid?

Class Counsel will seek Court approval for attorneys’ fees of up to $420,000, which will include the costs and expenses of litigating this case. Class Counsel will also ask the Court to approve service awards in the amount of $1,200.00 for each of the Class Representatives in the Litigation.

Excluding Yourself from the Settlement

15. How do I exclude myself / opt out of the Settlement?

If you do not want to receive any benefits from the Settlement, and you want to keep your right to separately sue the Defendant about the legal issues in the Litigation, there are steps 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 December 29, 2024.

To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:

1. the name of the Action: McLaughlin v. LCS Financial Services Corporation, Case No. 2023CV32300, pending in the Arapahoe County District Court, State of Colorado.

2. your full name;

3. current address;

4. your signature; and

5. the words “Request for Exclusion” or similar statement that you do not wish to participate in the Settlement.

If you plan to request to be excluded, your request must be emailed or mailed to the Claims Administrator at the address below, emailed or postmarked no later than December 29, 2024.

If emailing: info@LCSFinancialSettlement.com

If mailing: LCS Financial Settlement, c/o Claims Administrator, PO Box 25226, Santa Ana, CA 92799

You may only exclude yourself— not any other person.

Objecting to or Commenting on the Settlement

16. How do I tell the Court if I like or do not like the Settlement?

If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it, whether that be to the Settlement benefits, the request for attorneys’ fees or service awards, the releases provided to the Defendant, or some other aspect of the Settlement. Through an objection, you give reasons why you think the Court should not approve all or part of the Settlement.

For an objection to be considered by the Court, the objection must include:

1. the name of the Action: McLaughlin v. LCS Financial Services Corporation, Case No. 2023CV32300.

2. your full name, address, and e-mail address (if any);

3. information identifying you as a Class Member, including proof that you are a member of the Settlement Class (e.g., copy of original notice of the Data Incident);

4. a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable;

5. the identity of any and all counsel representing you in connection with the objection;

6. a statement as to whether you and/or your counsel will appear at the Final Fairness Hearing; and

7. your signature and the signature of your duly authorized attorney or other duly authorized representative.

Whether you submit a written objection or not, you may attend the Final Approval Hearing. At the Court’s discretion, you may address the Court at the hearing.

If you plan to file a written objection, it must be mailed to the Claims Administrator at the address below or emailed to the address below, emailed or postmarked no later than December 29, 2024.

If emailing: info@LCSFinancialSettlement.com

If mailing: LCS Financial Settlement, c/o Claims Administrator, PO Box 25226, Santa Ana, CA 92799

If you don’t follow the requirements for objecting, you’ll lose your ability to object to the Settlement and will be bound by all the terms of the Settlement and any orders approving the Settlement.

17. What is the difference between objecting and excluding?

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

The Court’s Final Approval Hearing

18. When is the Court’s Final Approval Hearing?

The Court will hold a final approval hearing on January 7, 2025, at 8:30 a.m. E.T., via WebEx virtual courtroom pursuant to the Court’s instructions as follows:

WebEx Link: https://judicial.webex.com/meet/D18-ARAP-Div202

WebEx Phone Number: 720-650-7664, Access Code 2590 010 0499#

OR Scan the QR Code Below, then click on “Join Meeting”

At the final approval hearing, the Court will consider whether to approve the Settlement, including the releases stated in the Settlement Agreement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class (Class Counsel has requested $420,000 for its services), and whether to award a Service Award to each of the Class Representatives (each representative has requested $1,200 for his/her service). In making its decision on whether to approve the Settlement, the Court will consider any objections to the Settlement.

If you are a Settlement Class Member and want to speak at the hearing or have your attorney do so, the best way to accomplish that is to follow the information provided above in response to Question 16.

The date and time of this hearing may change without further notice. Please check back for updates.

19. Do I have to come to the Final Approval Hearing?

No. Class Counsel will answer any questions the Court may have. For filed objections, Class Counsel will respond to questions the Court asks about those on behalf of the Settlement Class. If you file a written objection and wish to support it further before the Court, you would need to attend the Final Approval Hearing, but you do not have to attend. If you file an objection and do not appear at the hearing, the Court will still consider your objection. You and any counsel you have in the matter may attend at your expense.

If I Do Nothing

20. What happens if I do nothing at all about the Settlement?

If you are a Class Member and you do nothing, you will give up the rights described in response to Question 8, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues released by this Settlement. In addition, if you do nothing, you will not receive a benefit from this Settlement.

Getting More Information

21. How do I get more information about the Settlement?

This website and the Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page.

If you have additional questions, you may contact the Claims Administrator by email, phone, or mail:

LCS Financial Settlement
c/o Claims Administrator,
PO Box 25226, Santa Ana, CA 92799
info@LCSFinancialSettlement.com
(833) 285-3417

You may also contact Class Counsel:

Stranch, Jennings & Garvey, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Tel: (615) 254-8801

Publicly filed documents can also be obtained by visiting the office of the Clerk of Court, Arapahoe County District Court, 7325 S Potomac St #100, Centennial, CO 80112

DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT