Eisner Advisory Group $1.05M Data Breach Settlement

Individuals who received notification that the Eisner Advisory Group data breach that occurred between Sept. 4 and Sept. 9, 2023, may have compromised their personal information could be eligible to submit a claim for a cash payment and other benefits from a class action settlement.

EisnerAmper LLP and Eisner Advisory Group LLC agreed to pay $1.05 million to settle a class action lawsuit alleging negligence, breach of contract, breach of fiduciary duty, breach of confidence, unjust enrichment and violations of the California Consumer Privacy Act. The plaintiffs claimed a cybersecurity incident exposed sensitive personal information belonging to approximately 82,459 individuals.

Who can file a claim for a data breach payout?

Class members are individuals the Eisner Advisory Group September 2023 data breach affected, including those who received a notice.

Class members residing in California can receive an additional payment.

How much are settlement payments?

Class members have the following benefit options:

• Reimbursement of documented monetary losses: Class members can claim up to $5,000 per person for out-of-pocket losses that are fairly traceable to the data breach. This includes monetary losses due to fraud or identity theft, professional fees, credit freeze costs, credit monitoring costs and postage for contacting financial institutions.
• Pro rata cash payment: All class members can submit a claim to receive a pro rata cash payment from the net settlement fund estimated at $100 after the settlement administrator pays all other claims. The administrator will determine the final payment amount by the total number of claims filed.
• CCPA payment: California subclass members can submit a claim to receive an additional cash payment of $50 for California Consumer Privacy Act claims.
• Identity theft protection and credit monitoring: All class members can elect to receive two years of single-bureau credit monitoring and at least $1 million in identity theft insurance

How to claim a class action rebate

To receive any or all of the settlement benefits, class members can file a claim online.

Class members submitting a claim for the pro rata cash payment, credit monitoring services and/or the CPPA payment can also complete and mail the postcard claim form they received in the mail to the settlement administrator.

Settlement administrator's mailing address: In re Eisner Advisory Group Data Breach Litigation Settlement Administrator, P.O. Box 301132, Los Angeles, CA 90030-1132

The claim deadline is Oct. 8, 2026.

Required claim information and proof

• To submit a claim online, class members must provide the claim ID and PIN from the settlement notice they received.
• To submit a documented monetary losses claim, class members must submit third-party documentation, which may include receipts, bank or credit card statements showing unreimbursed fees or fraudulent charges, correspondence, police reports and other proof of identity theft or fraud linked to the data breach.

Payout options

• Paper check
• PayPal
• Venmo

Settlement fund

The $1,050,000 settlement fund will include

• Settlement administration costs: To be determined
• Attorneys' fees: Up to $350,000 plus reasonable expenses
• Service awards to class representatives: Up to $2,500 each
• Credit monitoring services: Cost determined by the number of claims filed
• Payments to approved claimants: Remaining settlement funds

Important dates

• Deadline to request exclusion (opt out): Sept. 8, 2026
• Deadline to file a claim: Oct. 8, 2026
• Final approval hearing: Oct. 12, 2026

When is the Eisner Advisory Group data breach payout date?

The settlement administrator will issue payments to approved claimants within 60 days of the final approval date or within 21 days of the claim approval date, whichever is later.

Why is there a class action settlement?

The class action lawsuit alleged EisnerAmper LLP and Eisner Advisory Group LLC failed to adequately protect personal information, leading to a data breach that exposed sensitive data, such as names, Social Security numbers, financial account information, dates of birth, and medical and health insurance information. The plaintiffs claimed negligence, breach of contract, breach of fiduciary duty, breach of confidence, unjust enrichment and violation of the California Consumer Privacy Act.

Eisner denies the allegations but agreed to the settlement to avoid the uncertainty and cost of continued litigation.

Sources

1. Class notice
2. Settlement website FAQ page
3. Settlement agreement