Settlement Class Members who timely submit a Valid Claim may receive: (1) compensation for documented, out-of-pocket expenses incurred as a result of the Data Security Incident up to $350.00, and if extraordinary circumstances exist to establish good cause, up to $5,000.00; (2) compensation for up to five (5) hours of lost time spent as a result of the Data Security Incident at a rate of $20.00 per hour; and (3) eighteen (18) months of complimentary credit monitoring and credit restoration protections. ArbiterSports has also verified, and Plaintiffs have confirmed, that the security-system and practices enhancements relating to its information security are presently in place and/or will be put in place, and that ArbiterSports will implement third-party IT security audits to ensure compliance for the next two (2) years. Below are additional details for each of the Settlement benefits.
1. Ordinary Expense Reimbursement: All Settlement Class Members who submit a timely and Valid Claim are eligible to recover compensation for 100% of their documented out-of-pocket expenses, not to exceed $350.00 per Settlement Class Member, that were incurred between July 8, 2020 and November 19, 2021, as a result of the Data Security Incident. Documented, out-of-pocket expenses include:
- long distance telephone charges;
- cell minutes (if charged by minute), Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Data Security Incident), and text messages (if charged by the message and incurred solely as a result of the Data Security Incident);
- documented costs associated with miscellaneous expenses such as notary, fax, postage, copying, and mileage;
- documented costs associated with credit freezes;
- documented costs of credit monitoring services active between July 8, 2020 and November 19, 2021;
- reimbursement of ArbiterSports' fees incurred by Settlement Class Members for the issuance of paper checks between July 8, 2020 and November 19, 2021;
- documented professional fees and other costs incurred to address identity theft or fraud, including but not limited to falsified tax returns, new account fraud, existing account fraud, and account takeover;
- other documented unreimbursed losses, fees, or charges incurred as a result of identity fraud or theft, including but not limited to (a) unreimbursed bank fees, (b) unreimbursed card reissuance fees, (c) unreimbursed overdraft fees, (d) unreimbursed charges related to the unavailability of funds, (e) unreimbursed late fees, (f) unreimbursed over-limit fees, (g) unreimbursed charges from banks or credit card companies, and (h) interest on payday loans due to card cancellation or due to over-limit situations;
- up to three (3) hours of undocumented lost time compensated at $20.00 per hour upon attestation (i.e., a statement by you) that the time was spent as a result of the Data Security Incident; and
- up to two (2) additional hours of lost time compensated at $20.00 per hour upon attestation (i.e., a statement by you) that the time was spent as a result of the Data Security Incident, a brief written description of how the time was spent related to the Data Security Incident, and documentation regarding how the time was spent.
- If the claims rate for undocumented lost time is below 2%, ArbiterSports will distribute to Settlement Class Members who have submitted a Valid Claim for undocumented lost time an amount equal to a 2% claims rate for undocumented lost time on a per-hour-claimed-pro-rata basis.
2. Extraordinary Circumstances Increase: If a Settlement Class Member believes there are extraordinary circumstances sufficient to increase the individual cap from $350.00 up to an amount not to exceed $5,000.00 per Settlement Class Member, the Class Member must include a separate statement with supporting documentation.
The process for reviewing any separate statement and documentation for this Extraordinary Circumstances Increase will follow the dispute resolution process for claims identified in the Settlement Agreement. If a separate statement or supporting documentation is not provided, the Claim will be denied, but only after the Settlement Class Member is given notice of the defect and one (1) opportunity to fix the defect within thirty (30) days.
3. Credit Monitoring and Credit Restoration Protections: ArbiterSports agrees to offer eighteen (18) months of credit monitoring and credit restoration protections for all Settlement Class Members (the "Credit Monitoring Protections"). The credit monitoring will be provided through Identity Guard's Total Plan, powered by IBM Watson, and will include at least the following, or similar, services:
- Up to $1 million dollars reimbursement insurance from AIG ($0 deductible) covering losses due to identity theft and stolen funds;
- Three bureau credit monitoring providing notice of certain changes to the enrolled Settlement Class Member’s credit profile;
- Real time authentication alerts in as little as three seconds when someone attempts to make a change to enrolled Settlement Class Members’ personal account information within Identity Guard’s network;
- Alerts based on searches of payday-loan providers and court records and monitoring of the top ten largest U.S. financial institutions, for attempted or actual fraudulent use of the enrolled Settlement Class Members’ information;
- Dark Web Monitoring that will provide notification if an enrolled Settlement Class Member’s information such as Social Security number, credit card numbers, financial account numbers, health insurance number, passport number, or email address are found on the Dark Web;
- Threat Alerts powered by IBM “Watson’s” artificial intelligence of potential threats relevant to the enrolled Settlement Class Members found by IBM Watson’s artificial intelligence, for instance: breaches, phishing scams, and malware vulnerabilities;
- Customer support and victim assistance, including credit restoration services, provided by Identity Guard, where Settlement Class Members are assigned a specially trained dedicated case manager who monitors the Settlement Class Member’s account and acts as his or her primary point of contact for any potentially fraudulent activities;
- Anti-phishing Applications for iOS & Android Mobile devices; and
- Safe browsing software for personal computers and Macs to help protect the enrolled Settlement Class Member’s computer(s) against malicious content with an add-on for Safari, Chrome, and Firefox web browsers that delivers proactive malware protection by blocking various malware delivery channels including phishing, malvertisements, and Flash (the extension also blocks content and tracking cookies to help protect personal information).
Settlement Class Members may elect to (1) receive the Credit Monitoring Protections following the date upon which the Settlement becomes effective and final (the "Effective Date"); or (2) defer the Credit Monitoring Protections for one (1) year following the date upon which the Settlement becomes effective and final.
To receive the Credit Monitoring Protections benefit, you must submit a Claim Form by November 19, 2021, elect to either start the credit monitoring following the Effective Date or elect to defer the credit monitoring for one (1) year, and follow the enrollment instructions that will be emailed to you following Final Approval of this Settlement.
4. Confirmatory Discovery and Security Improvements: ArbiterSports has verified, and Plaintiffs have confirmed, that the security-system and practices enhancements relating to ArbiterSports' information security are presently in place and/or will be put in place. Generally, ArbiterSports will implement and enhance its security systems and practices. It will work to align its information security programs with the National Institute of Standards and Technology ("NIST") Cybersecurity Framework, or a reasonable equivalent. ArbiterSports will also implement third-party IT security audits to ensure compliance with applicable certifications for the next two years following Final Approval of this Settlement.