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Asked almost 5 years ago - Pullman, WA
FlagI recently received a Legal Notice about a class action settlement (see the: DataSettlement.com website for specifics) in the mail. I called the number provided and requested they send me the appropriate claim form(s). The original Legal Notice says that I am "...eligible for two years of bank monitoring performed by Certegy, and reimbursement for identity theft (up to $20,000) and certain out-of-pocket expenses." On the provided claim form there are four question/statements; I am to check the one(s) applicable to my situation. They are written as follows: (#1) "I certify that I am a Credit Card Consumer Member of the Settlement Class and request..." (#2) "I certify that I am a Bank Consumer Member of the Settlement Class and request..." (#3) "I certify that I incurred actual and un-reimbursed out-of-pocket expenses for..." ((*NOTE* I personally have NOT YET incurred any costs AT/BY THIS TIME OF CLAIM FORM FILING.)) I am then asked to submit proof of said debts incurred so as to receive reimbursement. (#4) "Please date and sign below". That is all the claim form constitutes. My questions are: do I check the #2 Bank Consumer Member box-- based on what the original Legal Notice says about my eligibility parameters? Do I have to have incurred any debts and/or related identity theft problems at this point to complete and submit the form? Is this form applicable to future problems incurred? And finally, I'm wondering if this settlement proposal is "fully worthwhile" considering the potential/damages done? Thank you very much for your consideration, time, and answers.
The notice should also have informed you that you can opt out of the class action settlement by a certain date. If you opt out, you would not share in the class action settlement but would still possess your individual claims which you could pursue later (only if they are not time-barred by statutes of limitations, etc.). If you do not stand to receive anything you consider worthwhile in this settlement, you probably should consider opting out.
You should be able to call the class plaintiff's attorneys and speak to someone in their offices about the settlement and about the claim's form and its questions/statements. The contact information should be on the notice.
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