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A Court authorized the notice to inform you how you may be affected by this proposed settlement. The notice describes the lawsuit, the general terms of the proposed settlement and what it may mean to you. The notice also explains how to participate in, or exclude yourself from, the Settlement if your information was compromised in the T-Mobile Data Breach.
For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this settlement, see Question 5.
On August 16, 2021, T-Mobile announced that it had been the victim of a criminal cyberattack on its systems. The attacker compromised the personal information of approximately 76 million U.S. consumers. The specific information accessed for each person included some combination of names, addresses, zip codes, phone numbers, dates of birth, social security number/tax identification number, and/or other government identification number including driver’s license number, account establish date, name of authorized user, phone number, IMSI, MSISDN, PIN, and personal unlock code.
Numerous lawsuits were brought on behalf of consumers whose personal information was compromised as a result of the T-Mobile Data Breach. Judge Brian C. Wimes of the U.S. District Court for the Western District of Missouri is overseeing these lawsuits. These lawsuits are known as In re: T-Mobile Customer Data Security Breach Litigation, MDL No. 3019, Case No. 4:21-md-03019-BCW. The consumers who sued are called the “Plaintiffs.” T-Mobile is the “Defendant.” Plaintiffs claim that Defendant did not adequately protect consumers’ personal information. The most recent version of the lawsuit, which describes the specific legal claims alleged by the Plaintiffs, is available here. T-Mobile denies any wrongdoing. No court or other judicial entity has made any judgment or other determination of any wrongdoing by T-Mobile.
In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “class” or “class members.” Because this is a class action settlement, even persons who did not file their own lawsuit can obtain benefits provided under the settlement, except for those individuals who exclude themselves from the settlement class by the deadline.
The Court has not decided in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement after a lengthy mediation process overseen by a neutral mediator. Settlements avoid the costs and uncertainty of a trial and related appeals, while more quickly providing benefits to members of the settlement class. The class representatives appointed to represent the class and the attorneys for the settlement class (“Class Counsel,” see Question 16) believe that the settlement is in the best interests of the Settlement Class Members.
You are a Settlement Class Member if you are among the approximately 76 million U.S. residents identified by T-Mobile whose information was compromised in the T-Mobile Data Breach. Identified Class Members were notified of the proposed Settlement, so if you received a notice, you are a likely member of the Settlement Class.
You can also confirm you are a Settlement Class Member, and eligible for benefits, by:
Excluded from the Settlement are:
T-Mobile will pay $350,000,000 into a Settlement Fund. The Settlement Fund will be used to:
Settlement Benefit: Payment for Unreimbursed Out-of-Pocket Losses: If you spent money trying to avoid or recover from fraud or identity theft that you believe was fairly traceable to the T-Mobile Data Breach, or to protect yourself from future harm as a result of the Data Breach, then you can submit a claim for reimbursement up to $25,000 (including your claim for Lost Time). Out-of-Pocket Losses that are eligible for reimbursement may include, without limitation, the following:
This list provides examples only, and other losses or costs that you believe are fairly traceable to the T-Mobile Data Breach may also be eligible for reimbursement.
To claim reimbursement for Out-of-Pocket Losses, you must also provide “Reasonable Documentation.” Reasonable Documentation means documentation supporting your claim, including, but not limited to credit card statements, bank statements, invoices, telephone records, and receipts. Except as expressly provided in the notice, personal certifications, declarations, or affidavits from the claimant do not constitute Reasonable Documentation but may be included to provide clarification, context or support for other submitted Reasonable Documentation.
The Settlement Administrator will decide if your claim for Out-of-Pocket Losses is valid. Only valid claims will be paid. The deadline to file a claim for Out-of-Pocket Losses is January 23, 2023.
Settlement Benefit: Alternative Cash Payment: As an alternative to making a claim for reimbursement for Out-of-Pocket Losses and Lost Time, you may submit a claim for an Alternative Cash Payment of $25, or $100 if you resided in California on August 1, 2021. You may not make a claim for an Alternative Cash Payment in addition to a claim for Out-of-Pocket Losses or Lost Time. The amount of the Alternative Cash Payment may change depending on the number of total claims for cash payments.
Settlement Benefit: Identity Defense Services: The Settlement provides a way to help protect yourself from unauthorized use of your personal information. Settlement Class Members may submit a claim to enroll in two (2) years of Identity Defense Services, provided through Pango, at no cost. These services include the following features:
To receive free Identity Defense Services you must file a claim for those services by January 23, 2023.
If you submit a valid claim form and elect to enroll in Identity Defense Services, you will receive enrollment instructions by email after the settlement is final. You may make a claim for both reimbursement for Out-of-Pocket Losses and/or Lost Time (or an Alternative Cash Payment) and Identity Defense Services.
All Settlement Class Members, even those who do not enroll in Identity Defense Services or do not submit a claim, will be entitled to utilize Restoration Services offered through Pango. This coverage is a separate benefit and provides all Settlement Class Members access to US-based fraud resolution specialists who can assist with important tasks such as placing fraud alerts with the credit bureaus, disputing inaccurate information on credit reports, scheduling calls with creditors and other service providers, and working with law enforcement and government agencies to dispute fraudulent information. All Settlement Class Members may access these free Restoration Services after the Settlement becomes final, even if you never make a claim from this Settlement, by going to this website, or calling toll free 1-833-512-2314.
The Settlement Fund will be used to pay claims for Out-of-Pocket Losses and Lost Time, for Alternative Cash Payments, for Identity Defense Services and Restoration Services, for Administrative and Notice Costs, and for Service Awards for Settlement Class Representatives and Attorneys’ Fees and Expenses as approved by the Court.
If there are leftover Settlement Funds, those funds will be added to approved claims for Out-of-Pocket Losses, Lost Time, and Alternative Cash Payments on a pro rata basis.
Any remaining Settlement Funds resulting from the failure of Settlement Class Members to timely negotiate a Settlement check or to timely provide required tax information such that a Settlement check should issue, shall be distributed to Settlement Class Members, or as otherwise ordered by the Court, but no money will be returned to T-Mobile.
To file a claim for Identity Defense Services, for reimbursement for Out-of-Pocket Losses or Lost Time, or for an Alternative Cash Payment you will need to file a claim form. The easiest way to submit a claim form is online. You can also download a paper claim form and return a completed claim form by mail.
The deadline to file a claim for Identity Defense Services, for reimbursement for Out-of-Pocket Losses or Lost Time, or for an Alternative Cash Payment is January 23, 2023 (this is the last day to file online and the postmark deadline for mailed claims).
Identity Defense Services claimed by Settlement Class Members will begin, and payments for valid claims for Out-of-Pocket Losses, Lost Time, and Alternative Cash Payments will be made, after the Court enters a final judgment and the Settlement becomes final. This may take several months or more; please be patient. Periodic updates will be posted on this website.
If you make a valid claim for Identity Defense Services, the Settlement Administrator will send you information on how to activate your Identity Defense Services once the Settlement is final.
Payments for valid claims for Out-of-Pocket Losses, Lost Time, and Alternative Cash Payments will be made by the Settlement Administrator in the manner you select (various digital payment options or a paper check).
If you make a claim under the Settlement, or if you do nothing, you will be releasing all of your legal claims relating to the Data Breach against T-Mobile (except SIM-swap Claims) when the Settlement becomes final. By releasing your legal claims, you are giving up the right to file, or to continue to pursue, separate legal claims against or seek further compensation from T-Mobile for any harm related to the Data Breach or the claims alleged in the lawsuits—whether or not you are currently aware of those claims.
Unless you exclude yourself from the Settlement (see Question 19) all of the decisions by the Court will bind you. That means you will be bound to the terms of the Settlement and accompanying court orders, and cannot bring a lawsuit or be part of another lawsuit against T-Mobile regarding the Data Breach.
Paragraph 2.30 of the Settlement Agreement defines the claims that will be released by Settlement Class Members who do not exclude themselves from the Settlement. You can access the Settlement Agreement and read the specific details of the legal claims being released here.
If you have any questions, you can contact the Settlement Administrator (see Question 22).
Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Class Counsel.”
Class Counsel have undertaken this case on a contingency-fee basis, meaning they have paid for all of the expenses in the case and have not been paid any money in relation to their work on this case. Accordingly, Class Counsel will ask the Court to award them Attorneys’ Fees of up to 30% of the Settlement Fund and reimbursement for costs and expenses to be paid from the Settlement Fund. The Court will decide the amount of fees and costs and expenses to be paid. You will not have to separately pay any portion of these fees yourself. Class Counsel’s request for Attorneys’ Fees and costs (which must be approved by the Court) will be filed by November 17, 2022 and will be available to view on this website.
The Class Representatives
in this action are listed in the Settlement Agreement, which is available here. Class
Counsel will ask the Court to award the Class Representatives “Service
Awards” of $2,500 each for the time that they spent, and the risks that
they undertook, in bringing this lawsuit on behalf of the class. This amount
will have to be approved by the Court. Any amount approved by the Court will be
paid from the Settlement Fund.
The deadline to submit an Exclusion has passed.
If you are a member of the Settlement Class but do not want to remain in the class, you may exclude yourself from the class (also known as “opting out”). If you exclude yourself, you will lose any right to participate in the Settlement, including any right to receive the benefits outlined in the notice.
If you decide on this option, you may keep any rights you have, if any, against T-Mobile, and you may file your own lawsuit against T-Mobile based upon the same legal claims that are asserted in this lawsuit, but you will need to find your own attorney at your own cost to represent you in that lawsuit. If you are considering this option, you may want to consult an attorney to determine your options.
IMPORTANT: You will be bound by the terms of the Settlement Agreement unless you submit a timely and signed written request to be excluded from the Settlement. To exclude yourself from the Settlement you must do so online here by December 8, 2022, or mail a “request for exclusion,” postmarked no later than December 8, 2022, to:
T-Mobile Data Breach Settlement
c/o Kroll Settlement Administration LLC
New York, NY 10150-5391
This statement must contain the following information:
If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude yourself from the Settlement Class, and your rights will be determined in this lawsuit by the Settlement Agreement if it is approved by the Court.
You are not a Settlement Class Member if you, before July 26, 2022, either (1) filed or served a written arbitration demand or petition against T-Mobile relating to the Data Breach, or (2) provided written notice to T-Mobile of your intent to pursue arbitration against T-Mobile relating to the Data Breach with a description of claims to the address provided in T-Mobile’s Terms and Conditions or to T-Mobile’s Counsel. You can find out if you are already excluded from the Settlement Class because you previously requested arbitration by contacting the Settlement Administrator here.
The deadline to submit an objection has passed.
If you are a Settlement Class Member, you have the right to tell the Court what you think of the Settlement. You can object to the Settlement if you don’t think it is fair, reasonable, or adequate, and you can give reasons why you think the Court should not approve it. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the Settlement as it is.
Additionally, if you intend to speak at the Final Approval Hearing (whether pro se or through counsel), your written objection must include:
To be considered by the Court, your written objection must be filed electronically with the Court by December 8, 2022 or mailed (and postmarked) no later than December 8, 2022, to the following address:
Clerk of the Court
United States District Court Western District of Missouri
400 E. 9th Street
Kansas City, Missouri 64106
If you do not comply with these procedures and the deadline for objections, you may lose any opportunity to have your objection considered at the Final Approval Hearing or otherwise to contest the approval of the settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed settlement. You will still be eligible to receive settlement benefits if the settlement becomes final even if you object to the settlement.
The Court has scheduled a Final Approval Hearing to listen to and consider any concerns or objections from Settlement Class Members regarding the fairness, adequacy, and reasonableness of the terms of the Settlement. That hearing is currently scheduled to take place on January 20, 2023, at 10:00 am (CT) before the Honorable Brian C, Wimes, at the United States District Court for the Western District of Missouri located in Courtroom 7D of the Charles Evans Whittaker United States Courthouse, 400 E. 9th Street, Kansas City, Missouri 64106. This hearing date and time may be moved. Please refer to this Settlement website for notice of any changes.
If you have questions about the Settlement, you may contact the Settlement Administrator through the contact section of this website. You can also contact the Settlement Administrator at 1-833-512-2314 or mail a letter to T-Mobile Data Breach Settlement (c/o Kroll Settlement Administration LLC, P.O. Box 225391), New York, NY 10150-5391, for more information. If you wish to communicate directly with Class Counsel, you may contact them (contact information noted above in Question 16). You may also seek advice and guidance from your own private lawyer at your own expense, if you wish to do so.
The notice is only a summary of the lawsuit and the Settlement. Other related documents can be accessed through the documents section of this settlement website. If you have questions about the proposed Settlement, or wish to receive a copy of the Settlement Agreement but do not have access to the Internet to download a copy online, you may contact the Settlement Administrator. The Court cannot respond to any questions regarding this notice, the lawsuit, or the proposed settlement.
Please do not contact the Court, its Clerk, or T-Mobile