In the State Court of Gwinnett County, Georgia
Pena et al. v. Financial Asset Management Systems, Inc., Case No. 24-C-01218-S1
IF YOUR PERSONAL INFORMATION WAS POTENTIALLY IMPACTED BY A CYBERSECURITY INCIDENT THAT FINANCIAL ASSET MANAGEMENT SYSTEMS, INC., EXPERIENCED IN MARCH 2023, A PROPOSED CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS
- A Settlement has been reached with Financial Asset Management Systems, Inc., (“FAMS” or “Defendant”) in a class action lawsuit about a cybersecurity incident that occurred in or around March 2023 (“Security Incident”).
- The lawsuit is captioned Pena et al. v. Financial Asset Management Systems, Inc., 24-C-01218-S1 (In the State Court of Gwinnett County, Ga.). FAMS denies the allegations and all liability or wrongdoing with respect to any and all facts and claims alleged in the lawsuit but has agreed to a settlement to avoid the costs and risks associated with continuing this case.
- You are included in this Settlement if you are a Settlement Class Member. A Settlement Class Member is an individual who resides in the United States and to whom Defendant sent a notice concerning the Security Incident. Settlement Class Members under the Settlement Agreement will be eligible to receive:
- Documented Out-of-Pocket Losses – up to a total of $2,500 per person for Settlement Class Members that submit an Approved Claim and supporting documentation, for Out-of-Pocket Losses incurred as a result of the Security Incident; AND
- Identity Theft Protection and Credit Monitoring. In addition to documented
Out-of-Pocket Losses, Settlement Class Members may submit a claim to accept two (2) years of free identity theft and credit monitoring services; OR
- Pro Rata Cash Payment. Instead of documented Out-of-Pocket Losses and identity theft protection and credit monitoring, Settlement Class Members may submit a claim for a pro rata cash payment from the Settlement Fund, which will be calculated after payment of any attorneys’ fees, costs, and reimbursement of expenses, any Service Award Payments, the Settlement administration costs, documented Out-of-Pocket Losses, and identity theft protection and credit monitoring.
As Settlement Class Member, your rights are affected whether you act or don’t act. Please read the Notice carefully.
- Documented Out-of-Pocket Losses – up to a total of $2,500 per person for Settlement Class Members that submit an Approved Claim and supporting documentation, for Out-of-Pocket Losses incurred as a result of the Security Incident; AND
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | DEADLINE | |
SUBMIT A CLAIM | The only way to receive cash and other benefits from this Settlement is by submitting a valid and timely Claim Form. You can submit your Claim Form online or download the Claim Form 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. | May 13, 2025 |
OPT-OUT OF THE SETTLEMENT | You can choose to opt-out of the Settlement and receive no payment. 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 elect to retain your own legal counsel at your own expense. If you opt-out you will not be able to participate in the cash and other benefits from the Settlement. | April 14, 2025 |
OBJECT TO THE SETTLEMENT AND/OR ATTENDA HEARING | 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 benefits. | April 14, 2025 |
DO NOTHING | Unless you opt out of the Settlement, you are part of the Settlement. If you do nothing, you will not get a payment 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. | No Deadline |
- These rights and options—and the deadlines to exercise them—are explained in the Notice.
- The Court in charge of this case still has to decide whether to approve the Settlement.