AUS Settlement Resolves Lawsuit Over November 2022 Data Breach
Fernandez v. AUS, Inc.
Filed: August 26, 2024 ◆§ BURL000674-24
A settlement has been reached to resolve a class action that claimed AUS failed to protect consumers’ personal data during a November 2022 cyberattack.
A settlement has been reached to resolve a proposed class action lawsuit that claimed consulting and market research firm AUS, Inc. failed to protect consumers’ personal information during a November 2022 cyberattack.
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The official website for the AUS data breach settlement can be found at AUSDataSettlement.com.
The deal with AUS covers a class of approximately 3,365 people whose full names and other personally identifiable information were potentially compromised during the data breach, which reportedly occurred around November 28, 2022.
To receive an AUS settlement rebate, class members must submit a valid claim form online or by mail by the February 25, 2025 deadline.
You can file a claim form online on this page. You will need your unique settlement claimant ID, which can be found on the personalized settlement notice you should have received about the deal.
Alternatively, you can download a PDF copy of the claim form from the website to print and return by mail to the settlement administrator. You can also contact the settlement administrator to ask for a claim form to be mailed to you.
As part of the AUS class action settlement, class members who submit a timely, valid claim form are eligible to receive reimbursement of up to $400 per person for documented “ordinary” expenses that were “more likely than not” incurred as a result of the incident, the website says. For example, the site states that ordinary losses may include unreimbursed bank fees such as overdraft or late fees; phone or internet usage charges; or fees associated with credit reports, credit monitoring or other identify theft insurance products purchased between October 15, 2021 and November 1, 2024.
Additionally, the site relays, consumers can file a claim for up to four hours of lost time spent dealing with issues related to the data breach, at a rate of $30 per hour, and subject to the $400 cap for ordinary losses.
Moreover, class members may submit a claim for up to $4,500 in reimbursement for documented “extraordinary” expenses that were incurred between October 15, 2021 and February 25, 2025 as a result of the incident, the website shares. Extraordinary losses may include costs associated with identity theft, medical fraud, tax fraud or other misuse of personal data, the settlement website explains.
Per the site, in addition to the above-mentioned cash payments, consumers can file a claim to receive two years of credit monitoring services at no cost.
In lieu of the aforementioned benefits, class members may elect to receive a $115 cash payout, the settlement website states.
According to the settlement agreement, AUS has already implemented certain data security enhancements in response to the incident and has agreed to continue improving its cybersecurity going forward.
The deal with AUS was preliminarily approved by the court on November 1, 2024. It is now up to the court to decide whether to grant final approval to the settlement terms at a hearing set for March 3, 2025. Settlement benefits, including a credit monitoring enrollment activation code, will be issued to eligible class members only if the deal is ultimately approved and after any appeals are resolved, the website says.
Head to ClassAction.org’s settlements page for a complete list of data breach settlements.
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