Volusion, LLC Data Security Incident Settlement

United States District Court for the Western District of Texas,
Austin Division, Case No. 1:20-cv-00761-LY

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.


 

FILE A CLAIM                                         

  • File a claim for Settlement Benefits online or by mail
  • Be bound by the Settlement
  • Give up your right to sue or continue to sue Volusion for the claims in this case

 

Submit online or postmarked by September 6, 2022

 

ASK TO BE EXCLUDED

("OPT OUT")

  • Remove yourself from the Settlement and receive no Settlement Benefits
  • Keep your right to sue or continue to sue Volusion for the claims in this case

 

Postmarked by September 6, 2022

 

 

 

 

OBJECT

  • Tell the Court what you do not like about the proposed Settlement
  • You will still be bound by the Settlement, and you may still file a Claim
  • You cannot both request exclusion and object

 

 

Postmarked by September 6, 2022

 

 

 


ATTEND THE HEARING

  • Ask to speak in Court about the Settlement
  • If you want your own attorney to represent you, you must pay for him or her yourself
  • File your Notice of Intention to Appear by September 6, 2022

 

 

October 6, 2022 at 9:30 a.m.



DO NOTHING

  • Receive no Settlement Benefits
  • Give up your right to sue or continue to sue Volusion for the claims in this case

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.

This Website is authorized by the Court, supervised by Class Counsel, and designed and developed by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized Website for this case.

Call:
1-833-620-3589
Mail:
Volusion Privacy Settlement
PO Box 5324
New York, NY 10150-5324

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Class Notice Date

    Monday, June 6, 2022 Postcard and Email Notices sent to known members of the Class.
  • Exclusion ("Opt-Out") Deadline

    Tuesday, September 6, 2022

    The exclusion deadline has now passed. You must have completed and mailed your Request for Exclusion so that was postmarked or delivered no later than Tuesday, September 6, 2022. 

  • Objection Deadline

    Tuesday, September 6, 2022 The objection deadline has now passed.  You must have filed your Objection(s) and/or Notice of Intention to Appear at the Final Approval Hearing so that it/they were postmarked no later than Tuesday, September 6, 2022. 
  • Claim Form Deadline

    Tuesday, September 6, 2022 The claim filing deadline has now passed. You must have submitted your Claim Form online no later than Tuesday, September 06, 2022, or mailed your completed paper Claim Form so that it was postmarked no later than Tuesday, September 6, 2022. 
  • Final Approval Hearing Date

    Thursday, October 6, 2022 The Final Approval Hearing is scheduled for Thursday, October 6, 2022.   Please check this Website for updates.

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