Kaye-Smith $2 Million Data Breach Class Action Settlement

If you or your business experienced financial losses due to a data breach involving Kaye-Smith Enterprises, Inc. in June 2022, you may be eligible to claim compensation from a class action settlement.

Kaye-Smith has agreed to pay $2,000,000 to settle a class action lawsuit for allegedly failing to protect sensitive personal information and not notifying those affected in a timely manner.

Who can file a claim?

The settlement creates two groups of class members. the "consumer class" and the "business class".

Consumer Class

The consumer class is made up of individuals whose data was compromised in the data breach. Affected individuals likely received a Notice of Data Incident letter.

The consumer class defines two tiers of members:

• Tier 1: For those who experienced out-of-pocket losses or spent time dealing with the breach. Requires documentation.
• Tier 2: For those who took any action in response to the breach, even minimal. No documentation required.

Business Class

The business class is made of of entities that:

• Had a business relationship with Kaye-Smith
• Suffered financial losses as a result of the Data Security Incident
• Have not resolved your claims against Kaye-Smith before October 19, 2023

How much can class members get?

Consumer Class

• Tier 1: Reimbursement of up to $2,500 for documented out-of-pocket expenses and up to five hours of lost time at $25 per hour
• Tier 2: A cash payment of up to $500, depending on the remaining funds after Tier 1 claims are paid

Business Class

Business Class members can claim reimbursement for business losses directly related to the data breach incident.

What documentation is required to submit a claim?

Consumer Class

• Tier 1: Claimants must provide documentation such as receipts, bank statements, or invoices to support their claims
• Tier 2: No documentation is required, but claimants must attest to taking action in response to the breach

Business Class

Claimants need to provide documentation to support their claims for business losses, including:

• Invoices, receipts, or other documents evidencing the loss
• Details of any prior claims made to Kaye-Smith regarding the incident

How to submit a claim

To claim benefits, you can file a claim online or submit a paper claim form by mail. The claim form must be submitted or postmarked by November 20, 2024.

For mail submissions, send your completed claim form to:

Kaye-Smith Data Breach Settlement Administrator

PO Box 2378

Portland, OR 97208-2378

$2 million settlement fund

The settlement fund of $2,000,000 will cover:

• Payments to eligible class members who submit valid claims.
• Court-approved attorneys’ fees of approximately $667,000.
• Litigation expenses not to exceed $50,000.
• Service awards of up to $5,000 for named plaintiffs.

Important dates

• Deadline to File a Claim: November 20, 2024
• Final Approval Hearing: January 7, 2025

When is the Kaye-Smith Enterprises payout date?

Payments will be distributed approximately 30 days after the settlement becomes final, which is expected to be roughly 65 days after the January 7, 2025 Final Approval Hearing.

Why was there a class action settlement?

The lawsuit alleged that Kaye-Smith Enterprises, Inc. failed to adequately protect sensitive personal information and did not provide timely notification to affected individuals of the data breach. The settlement was reached to avoid the costs and uncertainties of a trial, and to provide compensation to those affected.