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
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Submit online or postmarked by September 6, 2022 |
ASK TO BE EXCLUDED ("OPT OUT") |
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Postmarked by September 6, 2022 |
OBJECT |
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Postmarked by September 6, 2022 |
ATTEND THE HEARING |
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October 6, 2022 at 9:30 a.m. |
DO NOTHING |
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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.