Frequently Asked Questions

The Court authorized this Notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give Final Approval to the Settlement. This Notice explains the nature of the Action that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

The Judge Honorable Cheryl K. Thomas of the Thirteenth Judicial Circuit Court in and for Hillsborough County, Florida, is overseeing this case captioned as Cucuta v. FloridaCentral Credit Union, Case No. 24-CA-006065. The person who brought the lawsuit is called the Class Representative. The company being sued, FloridaCentral Credit Union, is called the Defendant.

The Action alleges that, on May 16, 2024, as a result of the cybersecurity incident, or Data Incident, Plaintiff filed a class action complaint in the United States District Court for the Middle District of Florida against Defendant, asserting causes of action for: (1) negligence and negligence per se; (2) breach of implied contract; (3) breach of fiduciary duty, and (4) unjust enrichment, seeking to represent a nationwide class of aggrieved individuals. 

Defendant denies any wrongdoing whatsoever. No Court or other judicial body has made any judgment or other determination that Defendant has done anything wrong.

In a class action, one or more people called “Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The Class Representative appointed to represent the Settlement Class, and the attorneys for the Settlement Class, Class Counsel think the Settlement is best for all Settlement Class Members.

You are affected by the Settlement and potentially a Settlement Class Member if you are a person in the United States whose Private Information was potentially accessible as a result of the Data Incident, including those who were sent notification from Defendant that their Private Information was potentially accessible as a result of the Data Incident.

Only Settlement Class Members are eligible to receive benefits under the Settlement. Excluded from the Settlement Class are: (a) all persons who are governing board members of the Defendant; (b) governmental entities; and (c) the Court, the Court’s immediate family, and Court staff, and (d) any Settlement Class Member who timely and validly requests to opt-out from the Settlement.

If you are not sure whether you are included in the Settlement, you may call +1(833) 876-1386 with questions. You may also write with questions to:

Florida Central Credit Union Settlement Administration

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

The Settlement provides the following Settlement Class Member Benefits available to Settlement Class Members who submit Valid Claims: (a) Cash Payment A – documented losses, up to $5,000 per Settlement Class Member, with supporting documentation; or (b) Cash Payment B – flat Cash Payment – an estimated $100 Cash Payment; and in addition to a Cash Payment (c) Credit Monitoring for three (3) years of Credit Monitoring with one bureau. 

Settlement Class Cash Payments will be subject to a pro rata increase from the Settlement Fund in the event the amount of Valid Claims is insufficient to exhaust the entire Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the amount of the Settlement Fund, the amount of the Cash Payments may be reduced pro rata accordingly.

Business practice changes – Defendant has undertaken reasonable steps to further secure their systems and environments, and the changes and improvements have been made to protect Settlement Class Members’ Private Information.

Settlement Class Members that submit a Valid Claim may select one of the following Cash Payments:

1. Cash Payment A – Documented Losses: Settlement Class Members may submit a Claim for up to a total of $5,000 per Settlement Class Member, upon submission of a Claim and supporting documentation. 

• To receive a Documented Loss Payment, a Settlement Class Member must elect Cash Payment A on the Claim Form attesting under penalty of perjury to incurring documented losses. Settlement Class Members will be required to submit reasonable documentation supporting the losses. Settlement Class Members shall not be reimbursed for expenses if they have been reimbursed for the same expenses by another source, including compensation provided in connection with the credit monitoring and identity theft protection product offered as part of the notification letter provided by Defendant or otherwise. If a Settlement Class Member does not submit reasonable documentation supporting a loss, or if their Claim is rejected by the Settlement Administrator for any reason, and the Settlement Class Member fails to cure his or her Claim, the Claim will be rejected and the Settlement Class Member’s Claim will not receive a Cash Payment.

1. Cash Payment B – Flat Cash Payment: As an alternative to Cash Payment A – Documented Losses above, a Settlement Class Member may elect to receive Cash Payment B – Flat Cash Payment, which is a Flat Cash Payment in an estimated amount of $100. 

OR

Cash Payments to Settlement Class Members will be subject to a pro rata increase from the Settlement Fund in the event the amount of Valid Claims is insufficient to exhaust the entire Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the amount of the Settlement Fund, the amount of the Cash Payments may be reduced pro rata accordingly.

In addition to electing a Cash Payment, Settlement Class Members may also elect:

3. Credit Monitoring: up to three (3) years of one-bureau Credit Monitoring that will provide the following benefits: one-bureau Credit Monitoring, dark web monitoring, identity theft insurance coverage for up to $1,000,000, and fully managed identity recovery services.

In the unexpected event the value of Credit Monitoring on its own exhausts the amount of the Settlement Fund, the length of the Credit Monitoring provided will be reduced as necessary to bring the cost within the Settlement Fund.

To receive a Settlement Class Member Benefit, you must complete and submit a Claim Form online on this website or by mail to FloridaCentral Credit Union Settlement Administration, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by June 2, 2025 or by mail postmarked by June 2, 2025. 

TO RECEIVE AN ELECTRONIC OR ACH PAYMENT FOR YOUR VALID CLAIM, YOU 

MUST FILE A CLAIM FORM ONLINE ON THIS WEBSITE
                                     
 

The Court will hold a Final Approval Hearing on June 16, 2025 at 9:30 a.m. ET to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time. It also takes time for all of the Claim Forms to be processed. Please be patient. Payments will begin after the Settlement has obtained Court approval and the time for all appeals has expired.

Defendant and its affiliates will receive a Release from all claims that could have been or that were brought against Defendant relating to the Data Incident. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and their present and former parents, subsidiaries, divisions, departments, affiliates, predecessors, successors and assigns, and any and all of their past, present, and future directors, officers, executives, officials, principals, stockholders, heirs, agents, insurers, reinsurers, members, attorneys, accountants, actuaries, fiduciaries, advisors, consultants, representatives, partners, joint venturers, licensees, licensors, independent contractors, subrogees, trustees, executors, administrators, clients, customers, data owners, associated third parties, predecessors, successors and assigns, and any other person acting on Defendant’s behalf and/or in their capacity as such, and assigns of each of them as well as covered entities associated with the Data Incident. These Releases are described in Section XIII of the Settlement Agreement, which is available here. If you have any questions, you can talk to the law firms listed in Question 17 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement.

No. Unless you exclude yourself, you give up any right to sue Defendant and any other Released Parties for any claim that could have been or was brought relating to the Data Incident. You must exclude yourself from the Settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. 

To exclude yourself, send an opt-out request or written notice of intent to opt-out that says you want to be excluded from the Settlement in Cucuta v. FloridaCentral Credit Union, Case No. 24-CA-006065. The opt-out request must be personally signed by the Settlement Class Member and contain the name, address, telephone number, and email address (if any), and include a statement indicating a request to be excluded from the Settlement Class. Any individual in the Settlement Class who does not timely and validly request to opt-out shall be bound by the terms of the Settlement Agreement even if he or she does not submit a Valid Claim. You must mail your opt-out request to the Settlement Administrator postmarked by May 16, 2025, to:

Florida Central Credit Union Settlement Administration

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

You can tell the Court that you do not agree with the Settlement, and/or Application for Attorneys’ Fees, Costs and Service Awards or some part of it by objecting to the Settlement. For an objection to be a valid objection under the Settlement, it must be in writing and mailed to the Clerk of the Court, Class Counsel, Defendant’s Counsel, and the Settlement Administrator at the addresses listed below, postmarked by no later than May 16, 2025. 

Your objection must be written and must include all of the following: 

1. the objector’s full name, mailing address, telephone number, and email address (if any); 
2. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel; 
3. the number of times the objector has objected to a class action settlement within the 5 years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case; 
4. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards; 
5. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the 5 years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding 5 years; 
6. any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other person or entity; 
7. the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing; 
8. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any); 
9. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and 
10. the objector’s signature (an attorney’s signature is not sufficient). 

Objecting is telling the Court that you do not like the Settlement or parts of it and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the Settlement. If you exclude yourself, you have no basis to object because you are no longer a Settlement Class Member, and the case no longer affects you. 

Yes. The Court appointed Mariya Weekes of Milberg Coleman Bryson Phillips Grossman, PLLC and William “Billy” Howard of The Consumer Protection Firm, as Class Counsel to represent the Settlement Class in Settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will file an Application for Attorneys’ Fees, Costs and Service Awards for an award of attorneys’ fees up to 33.33% of the Settlement Fund, plus reimbursement of costs not to exceed $5,000. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will include a request for Service Award payments for the Class Representative in recognition for their contributions to this Action not to exceed $2,500 for the Class Representative, from the Settlement Fund.

Any attorneys’ fees, costs and Service Award payments must be approved by the Court. The Court may award less than the amounts requested.

The Court will hold a Final Approval Hearing at 9:30 a.m. ET on June 16, 2025, via Zoom at https://zoom.us/j/93553574539, as ordered by the Court. The Zoom Meeting ID number is 935 5357 4539. If you are joining the hearing via telephone, call 1-786-635-1003 or 1-470-381-2552. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the Application for Attorneys’ Fees, Costs and Service Awards payments. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking the Settlement Website, or calling (833) 876-1386.

No. Class Counsel will present the Settlement Class to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 15, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 15, including all the information required. Your objection must be mailed to the Clerk of the Court, Class Counsel, Defendant’s Counsel and the Settlement Administrator, at the mailing addresses listed above, postmarked by no later than May 16, 2025.

If you do nothing, you will not receive any benefits from this Settlement. If the Settlement is granted Final Approval and becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the other Released Parties based on any claim that could have been or that was brought relating to the Data Incident.

This Notice summarizes the Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available here. You may also call the Settlement Administrator with questions or to receive a Claim Form at (833) 876-1386.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below, calling toll-free +1(833) 876-1386 or at the Contact page of the Settlement Website:

Florida Central Credit Union Settlement Administration

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

PLEASE DO NOT CONTACT THE COURT, CLERK OF THE COURT OR CLASS COUNSEL FOR INFORMATION ABOUT THE CLASS ACTION SETTLEMENT