Volusion, LLC Data Security Incident Settlement

Note: The claims filing deadline has now passed.

If you were mailed a notice by Volusion, LLC dated on or about April 21, 2020 regarding a Data Incident, you may be eligible for benefits from a class action settlement.

A Federal Court authorized this Website and the Notice.

This is not an advertisement or a solicitation from a lawyer.

A proposed Settlement has been reached in a class action lawsuit called Julio Lopez and Michael Oros, on behalf of themselves and all others similarly situated v. Volusion, LLC, United States District Court for the Western District of Texas, Austin Division (the “Court”), Case No. 1:20-cv-00761-LY (the “Settlement”).

Volusion, LLC (“Volusion”) is an e-commerce platform that hosts websites for businesses to set up e-commerce shops, including by offering services that allow businesses to accept credit card payments. The lawsuit relates to a data security incident that took place on or about October 8, 2019, potentially affecting certain personal information of some of Volusion’s merchant clients’ customers (the “Data Security Incident”). On or about October 8, 2019, Volusion learned that personal information of some customers of Volusion’s merchant clients may have been improperly exposed as a result of malware placed on Volusion’s e-commerce platform. Volusion denies all allegations of wrongdoing or liability made in the lawsuit.

The Court has not decided who is right or wrong. Instead, both sides have agreed to the Settlement to avoid the cost of further litigation. The proposed Settlement provides for a fund totaling not more than $4.3 million less additional defense expenses. The Settlement Fund will be used to pay for the following in the following order: (1) all notice and administration expenses; (2) any award of attorneys’ fees and expenses approved by the Court; (3) any Service Award to the Class Representatives; and (4) Settlement Benefits to Class Members for approved Claims for out-of-pocket losses and approved Claims for lost time.

Class Members’ rights and options—and the deadlines to exercise them—are explained in the Notice. The deadlines may be moved, canceled, or otherwise modified, so please check this Website regularly for updates and further details.

Payments will be made if the Court approves the Settlement and after any appeals are resolved. Please be patient.

Your legal rights may be affected whether or not you act.  Please read the Notice carefully.

PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK’S OFFICE.