In May 2022, a massive data breach at Green Valley Pecan Company, a pecan producer in Arizona, compromised the data of thousands of its customers.
The company notified those affected by the security breach promptly, but that meant that their data was already in the hands of bad actors.
Green Valley Pecan company suit
The plaintiffs of the lawsuit that was leveraged against the company states that Green Valley Pecan Company did not do enough to protect the data from a cyberattack and that their security measures were insufficient to even at least lessen the impact of the breach. This disregard for their client’s cybersecurity means that the settlement for “ordinary” losses due to the data breach is quite high, up to $400.
Not everyone will be able to get that much money, but for those who were charged fees by their bank, had expenses related to phone use, costs of travel, or even time lost dealing with the fallout, compensation has been set at $15 an hour for three hours. You will need to substantiate your claim with the appropriate evidence before receiving any compensation.
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But not everyone was just mildly inconvenienced, and the compensation scale for the lawsuit reflects that. Some of the affected individuals had to deal with serious issues, such as identity theft or fraud and so their compensation reflects that. For those who have had such serious problems due to the breach, the compensation could go up to $4,000, although their claims would also have to be substantiated and there are no guarantees that the maximum payment would be awarded.
While Green Valley hasn’t admitted to any wrongdoing, they’ve agreed to settle the matter by paying out a certain total amount, though they haven’t disclosed the exact figure, just the tiered compensation packages. On top of financial compensation, all members of the lawsuit will also get two years of free credit monitoring and identity theft protection.
If you are not planning to take part on the class action suit or want to bring forth a claim yourself, you have until November 15, 2024, if you want to exclude yourself from the settlement or object to it. For everyone else, the deadline to submit a claim is December 16, 2024. To successfully be able to claim, you’ll need to provide some proof of your breach-related expenses in order to substantiate the claim. This could be bank statements, phone bills, receipts for travel, or even invoices and credit reports showing extra costs you incurred. The final hearing to approve the settlement is scheduled for January 10, 2025.
The importance of class action suits when dealing with data breaches
Class action suits like this one allow groups of people with similar complaints against a company to join forces and take the case to court together.
Often, only a small group of people, sometimes even just an individual, file the initial lawsuit, but if it is approved as a class action suit, it can encompass a much larger group of people. This helps cover legal expenses and makes payouts more generous due to the mass of collective evidence presented.
When companies being sued decide to settle, it usually means they are trying to avoid a long and expensive legal battle, but it is common for them to plead no contest to avoid future lawsuits that might rely on the admission of fault. It is a way for companies to move forward without admitting guilt, even while paying to settle the case, and typically, class members who accept settlement payments give up their right to take additional legal action on the same issue.
Agreements like these are fairly common in cases involving things like pollution, discrimination, or false advertising, where many people are affected by the same actions.
