1. Why was a notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The United States District Court for the District of Arizona authorized a notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Santos, et al. v. Backchecked, LLC, Case No. CV-24-03690-PHX-JJT. It is pending in the United States District Court for the District of Arizona. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Backchecked, LLC, is called the “Defendant.”
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This lawsuit alleges that during the September 2024 targeted cyberattack on Backchecked's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names, addresses, dates of birth, Social Security numbers, and driver’s license numbers.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out of the settlement. In this Settlement, the Class Representatives are Raul Santos, and Karlo Peralta. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial and to allow the Class Members to receive benefits. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “All living individuals residing in the United States whose Private Information may have been impacted in the Data Incident.”
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Yes. Excluded from the Class are: (1) Backchecked and its officers, directors, and related companies; (2) governmental entities; (3) the Judge in this case, and the Judge’s family and staff; and (4) anyone who validly excludes themselves from the Settlement.
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Backchecked will establish a Settlement Fund of $535,000.00. The Settlement Fund will first be used to pay the costs of administering the Settlement, Service Award payments to the Plaintiffs, and court-approved attorneys’ fees and costs. The net remaining money will be used to pay for Class benefits.
All Class Members may claim Credit Monitoring and one of two Cash Payment options.
The benefits are explained in more detail below.
Credit Monitoring. All Class Members are eligible to enroll in one year of three-bureau Credit Monitoring and Identity Protection Services. This benefit comes with $1 million in identity theft insurance, and includes:
real time monitoring of your credit file
dark web scanning
comprehensive public records monitoring
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payments
Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you can get back up to $2,500.00. The losses must have occurred between September 26, 2024, and August 26, 2026.
This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You need to send proof, like bank statements or receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Cash Payment B – Alternative Cash Payment. Instead of Cash Payment A, you may claim a one-time estimated $50.00 payment.
If it turns out that there is not enough money in the Settlement Fund to fully pay all Cash Payments, everyone’s payments will be reduced pro rata.
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If you stay in the class, you won’t be able to be part of any other lawsuit against Backchecked or any of the Released Parties about the issues that this Settlement covers. The “Releases” section of the Amended Settlement Agreement (Section XIII) describes the legal claims that you give up if you remain in the Class. The Amended Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Backchecked Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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If you are submitting a Claim Form online here, you must do so by August 26, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than August 26, 2026.
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The Court will hold a Final Approval Hearing on September 10, 2026, (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys Leanna A. Loginov of Shamis & Gentile, P.A and Jeff Ostrow of Kopelowitz Ostrow P.A., to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the court to approve one-third of the Settlement Fund as reasonable attorneys' fees, plus reimbursement of litigation costs. This amount will be paid from the Settlement Fund.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement by submitting a written request to opt-out of the Settlement. If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue Backchecked on your own about the legal issues in this case.
If you opt-out, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is August 26, 2026.
To be valid, your written request to opt-out of the Settlement must have the following information:
the name of the Action: Santos, et al. v. Backchecked, LLC, Case No. CV-24-03690-PHX-JJT, pending in the United States District Court for the District of Arizona;
your full name, mailing address, telephone number, and email address;
personal signature; and
a clear statement that you want to opt-out of the Settlement or that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Backchecked Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be submitted, postmarked, or emailed by August 26, 2026.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have opted out of the Settlement (see FAQ 15)
You must provide the following information for the Court to consider your objection:
the name of the Action: Santos, et al. v. Backchecked, LLC, Case No. CV-24-03690-PHX-JJT, pending in the United States District Court for the District of Arizona;
your full name, mailing address, telephone number, and email address;
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have objected in any other cases in the past five years, list the names, courts, the orders ruling on your objections, and civil action numbers for each of those cases;
if you have hired your own lawyer to represent you for this objection, provide their names and contact information (include any past lawyers who may be entitled to be paid for their work);
if your lawyer or their law firm have objected in any other cases in the past five years, list the names, courts, the orders ruling on your objections, and civil action numbers for each of those cases;
if you have hired your own lawyer, whether will they appear the Final Approval Hearing;
if you plan on calling witnesses at the Final Approval Hearing, provide a full list;
whether you intend to attend the Final Approval Hearing, and whether you want to speak at that hearing; and
your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by August 26, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendants.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Backchecked Data Incident Settlement |
Class Counsel | Counsel for Defendants |
Jeff Ostrow | Michael Jervis |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not opt-out of the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on September 10, 2026, at 9:00 a.m. Mountain Time, in Room 505 of the United States District Court for the District of Arizona, at 401 West Washington Street, Phoenix, AZ 85003.
At the final approval hearing, the Court will decide whether to approve the Settlement. The court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Settlement Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in FAQ 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 401 West Washington Street, Phoenix, AZ 85003.
Do not contact the Court or Clerk of Court regarding this Settlement.
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