Frequently Asked Questions

The Court authorized this settlement website 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 settlement website explains the nature of the lawsuit that is the subject of the settlement, the general terms of the settlement, and your legal rights and options.

The Honorable Judge Eugene A. Gasiorkiewicz of the Circuit Court of the State of Wisconsin for the County of Racine is overseeing this case captioned as Dillon Schaefer, et al., v. Johnson Financial Group, Inc., Case No. 2023CV001483. The Person who brought the lawsuit is called the Representative Plaintiff. The company being sued, Johnson Financial Group, Inc., is called the Defendant. 

The Lawsuit alleges that on or about May 31, 2023, JFG conducted an investigation revealing evidence that an unauthorized third party potentially accessed certain files transferred through the MOVEit Transfer tool that contained some personal information of JFG customers and other individuals that may have tendered certain information to JFG, called the Data Security Incident. The personal information involved may have included some combination of individuals’ names, email addresses, addresses, phone numbers, account numbers, Social Security Numbers, dates of birth, drivers’ license numbers, credit card numbers and debit card numbers. In September of 2023, JFG began sending notices to the potentially 93,093 affected individuals. 

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

In a class action, one or more people called “Representative Plaintiff” or “Plaintiff” 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 Plaintiff or JFG. 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 Representative Plaintiff 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:

The Settlement Class specifically excludes: (i) JFG, FIS and any of their parents, subsidiaries, affiliates, officers and directors, and any entity in which JFG has a controlling interest; (ii) all individuals who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, counsels and/or subdivisions; (iv) the attorneys representing the Parties in the Lawsuit; (v) all judges assigned to hear any aspect of the Lawsuit, as well as their immediate family members; and (vi) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the Data Security Incident, or who pleads nolo contendere to any such charge.

If you are not sure whether you are included in the settlement, you may call toll-free (833) 421-8778 with questions. You may also write with questions to:

JFG Data Security Incident Lawsuit

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

The Settlement provides that JFG will create a Settlement Fund that pays for the following benefits: (a) compensation for ordinary losses, up to $250; (b) compensation for extraordinary losses, up to $5,000; (c) compensation for lost time for up to three (3) hours at $25 per hour; or (d) an alternative cash payment, not to exceed $45, instead of selecting compensation for ordinary losses, extraordinary losses or lost time; and (e) in addition to the cash payments, two (2) years of credit monitoring. Note that the compensation for lost time is subject to and applied against the $250 individual cap for ordinary losses.

The amount of the alternative cash payment may be decreased on a pro rata basis and be less than $45, depending upon the number of Valid Claims filed and the amount of funds available for these payments.

Each Settlement Class Member who submits a valid and timely Claim Form may qualify for one or more of the following: 

1. Documented Ordinary Losses: Settlement Class Members may submit a Settlement Claim for documented out-of-pocket expenses fairly traceable to the Data Security Incident, up to $250 per individual with submission of documentation;
   • Ordinary losses may include: (i) unreimbursed losses relating to fraud or identity theft; (ii) credit monitoring costs that were incurred on or after the date of the Data Security Incident through the date of claim submission; and (iii) bank fees, long distance phone charges, postage, or gasoline for local travel.
   • Settlement Class Members with ordinary losses must submit documentation supporting their claims with the Claims Form. This can include receipts or other documentation not “self-prepared” by the claimant that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support to other submitted documentation.
2. Documented Extraordinary Losses: Settlement Class Members are eligible for compensation for extraordinary losses resulting from the Data Security Incident, up to a maximum of $5,000, upon submission of a valid Claim Form and supporting documentation provided that: 
   1. the loss is an actual, documented, and unreimbursed monetary loss; 
   2. the loss was more likely than not caused by the Data Security Incident; 
   3.  the loss occurred between the date of the Data Security Incident and July 10, 2025; 
   4.  the loss is not already covered by one or more of the other reimbursement categories; 
   5. the Settlement Class Member made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring insurance and identity theft insurance.
      • Extraordinary losses may include, without limitation, the unreimbursed costs, expenses, losses or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of Private Information.
3. Lost Time: A Settlement Class Member who spent time remedying issues related to the Data Security Incident can receive reimbursement for up to three (3) hours of lost time at a rate of $25 per hour with an attestation that they spent the claimed time responding to issues raised by the Data Security Incident, a description of their actions and documentation.
   • Documentation of the activities in the form of emails, website printouts of information received or reviewed, phone records, or something other than Self-prepared documents showing the activities together with a Claim Form and a description of their actions shall be required for members of the Settlement Class to receive compensation for attested time spent. Claims made for time spent will be subject to and be applied against the $250 individual cap for ordinary loss.
   • Time spent may include (i) changing passwords on potentially impacted accounts; (ii) monitoring for or investigating suspicious activity on potentially impacted medical, financial, or other accounts; (iii) contacting a medical provider or financial institution to discuss suspicious activity; (iv) signing up for identity theft or fraud monitoring; or (v) researching information about the Data Security Incident, its impact, or how to protect themselves from harm due to a Data Security Incident.

OR

4. Alternative Cash Payment: Instead of selecting compensation for ordinary losses, extraordinary losses or lost time, a Settlement Class Member may elect to receive an alternative cash payment not to exceed $45. The amount of the alternative cash payment may be decreased on a pro rata basis and be less than $45, depending upon the number of Valid Claims filed and the amount of funds available for these payments. No documentation other than submission of a Claim Form is required to make this claim.

In addition to the settlement payments above, Settlement Class Members may also make a Settlement Claim for:

5. Credit Monitoring: All Settlement Class Members are eligible to enroll in two (2) years of Credit Monitoring Services through one bureau. 

To receive a payment, you must complete and submit a Settlement Claim using the claim form on this settlement website or by mail to JFG Data Security Incident Lawsuit, c/o Kroll Settlement Administration LLC, P.O. 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 July 10, 2025, or by mail postmarked by July 10, 2025.

The Court will hold a hearing on June 23, 2025, at 1:30 p.m. CT 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. 

JFG and its affiliates will receive a release from all claims that could have been or that were brought 
against JFG relating to the Data Security 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 JFG a and FIS and their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of JFG’s predecessors, successors, directors, officers, employees, principals, agents, attorneys, insurers, and reinsurers, and includes, without limitation, any Person related to any such entity who is, was or could have been named as a JFG in any of the actions in the Lawsuit, known as Related Entities, any or all of the above Persons or entities referenced in this paragraph, any Person related to any such entities relating to the Data Security Incident. This release is described in the Settlement Agreement, which is available at the Documents section of this settlement website. 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 JFG and any other Related Entity for any claim that could have been or was brought relating to the Data Security 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 Dillon Schaefer, et al., v. Johnson Financial Group, Inc., Case No. 2023CV001483. The letter must be individually signed by the Settlement Class Member and contain the requestor’s name, address, telephone number, and email address (if any), and include a statement indicating a request to be excluded from the Settlement Class. You must mail your opt-out request postmarked by May 26, 2025, to:

JFG Data Security Incident Lawsuit

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 or some part of it by objecting to the settlement. To object, must be mailed to Class Counsel and to JFG’s counsel, at the mailing addresses listed below, postmarked by no later than, May 26, 2025:

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

1. the objector’s full name, address, telephone number, and email address (if any); 
2. the case name and case number; 
3. information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of original notice of the Data Breach or a statement explaining why the objector believes he or she is a Settlement Class Member); 
4. a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; 
5. the identity of all counsel representing the objector in connection with the objection; 
6. a statement whether the objector and/or his or her counsel will personally appear at the Final Fairness Hearing; and 
7. the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative. 

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. If you submit both a valid objection and a valid opt-out request, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed J. Gerard Stranch, IV of Stranch, Jennings & Garvey, PLLC, 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 has agreed to request, and JFG has agreed to not object to and subject to Court approval, the amount not to exceed $290,000 to Class Counsel for attorneys’ fees and costs and expenses. 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.

Subject to Court approval, JFG has agreed to service awards in the amount of $2,500 to the Representative Plaintiff.

JFG shall pay the Court-approved amount of attorneys’ fees, costs, expenses, and service awards to the Representative Plaintiff. The amount(s) of any award of attorneys’ fees, costs, and expenses, and the service awards to the Representative Plaintiff, are intended to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness, and adequacy of the settlement.

The Court will hold a Final Fairness Hearing at 1:30 p.m. CT on June 23, 2025, via zoom, as ordered by the Court. 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 attorneys’ fees, costs as well as the request for a service award for the Representative Plaintiff. 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 this settlement website or calling (833) 421-8778.

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 Fairness 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 Class Counsel and JFG’s counsel, at the mailing addresses listed in Question 15, postmarked by no later than May 26, 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 JFG or the other Released Entities based on any claim that could have been or that was brought relating to the Data Security Incident.

More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available in the Documents section. You may also call the Claims Administrator with questions or to receive a Claim Form at (833) 421-8778.

It is your responsibility to inform the Claims Administrator of your updated information. You may do so at the address below, by calling (833) 421-8778 or at the Contact section of this settlement website.

JFG Data Security Incident Lawsuit

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391