Frequently Asked Questions

The Court authorized the Notice to inform you about a proposed Settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement.  The Notice explains the lawsuit, the Settlement, and your legal rights.

Judge Jamar K. Walker of the United States District Court for the Eastern District of Virginia is overseeing this class action. The case is called In Re R&B Corporation of Virginia d/b/a Credit Control Corporation, Data Security Breach Litigation, Case No. 4:23-cv-00066-JKW-RJK (E.D. Va.) (the “Action”). 

Veronica Huamani, Christina Pearson, Shiree Lackland, Stephanie Moxley, Douglas Monson, Merrette Blake, Jason Powers, and Michele Van Moppes are the Plaintiffs.  The company they sued, R&B Corporation of Virginia d/b/a Credit Control Corporation, is the Defendant.

A class action is a lawsuit in which one or more plaintiffs—in this case, Veronica Huamani, Christina Pearson, Shiree Lackland, Stephanie Moxley, Douglas Monson, Merrette Blake, Jason Powers, and Michele Van Moppes, sues on behalf of a group of people who have similar claims.  Together, this group is called a “Class” and consists of “Class Members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. After the Parties reached an agreement to settle this case, the Court granted preliminary approval of the Settlement and recognized it as a case that should be treated as a class action for settlement purposes.

The Plaintiffs claim that Defendant failed to implement and maintain reasonable security measures necessary to protect Private Information that it maintained on its database. 

Defendant denies that it is or can be held liable for the claims made in the Action. More information about the allegations in the Action and Defendant’s responses can be found in the "Documents" section of this Settlement Website.

The Court has not decided whether the Plaintiffs or Defendant should win this case. Instead, both sides agreed to this Settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Class Members will get compensation now rather than years later—if ever. The Class Representative and Class Counsel, attorneys for the Class Members, agree the Settlement is in the best interests of the Class Members. The Settlement is not an admission of wrongdoing by Defendant.

You are part of the Settlement as a Class Member if R&B sent you a notice indicating that your Private Information may have been compromised in the Data Incident, which occurred in March 2023 but was not publicly announced until May 2023. The Class specifically excludes: (i) all Persons who timely and validly request exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this settlement (including any members of the Court’s staff assigned to this case); (iii) Defendant’s officers and directors, and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge. Eligible Class Members will have been mailed notice of their eligibility by the Settlement Administrator, and Class membership will be verified against that mailed list. If you are still not sure whether you are included, you can contact the Settlement Administrator by calling toll-free at (833) 383-3353 or by visiting the Settlement Website at www.rbcorpdatasettlement.com.

This Settlement provides eligible Class Members with (1) up to $2,000 in reimbursement for out-of-pocket losses consisting of actual documented out-of-pocket losses or expenses that are fairly traceable to the Data Security Incident, or (2) a flat-fee cash payment that will be determined based on the money remaining in the Settlement Fund after the payment of attorneys’ fees and costs, Settlement Administrative Expenses, Class Representative Service Award, and valid claims for out-of-pocket losses. Valid Claims for out-of-pocket losses and flat-fee cash payments may not be combined. 

Who May Recover for out-of-pocket losses and for How Much?

• If you are a Class Member and you incurred documented out-of-pocket losses fairly traceable to the Data Security Incident and/or documented unreimbursed expenses incurred after March 2, 2023, that are related to the Data Security Incident, you may be eligible to receive reimbursement of your losses and expenses up to a total of $2,000 per Class Member. Eligible losses or expenses include, without limitation: (1) long distance telephone charges; (2) cell phone minutes (if charged by the minute); (3) internet usage charges (if either charged by the minute or incurred solely as a result of the Data Security Incident); (4) costs of credit reports purchased between March 2, 2023 and the Claims Deadline; (5) documented costs paid for credit monitoring services and/or fraud resolution services purchased between March 2, 2023 and the Claims Deadline; (6) Documented expenses directly associated with dealing with identity theft or identity fraud related to the Data Security Incident; and (7) other documented losses incurred by Class Members that are more likely than not related to the Data Security Incident as reasonably determined by the Settlement Administrator.                                                                                                                                                                                             
• Settlement Class Members who elect to submit a claim for reimbursement of out-of- pocket Losses must provide to the Settlement Administrator information required to evaluate the claim, including: (1) the Settlement Class Member’s name and current address; (2) documentation reasonably supporting their claim; and (3) a brief description of the nature of the loss, if the nature of the loss is not apparent from the documentation alone. Documentation supporting out-of-pocket Losses can include receipts or other documentation not “self-prepared” by the Settlement Class Member concerning the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to clarify or support other submitted documentation. For complete details, please see the Settlement Agreement, whose terms control, available at the "Documents" section of this Settlement Website. The Settlement Administrator will post additional information about the payment amount on this Settlement Website, if necessary.

Who May Receive a separate Flat-rate Cash Payment?                                                                                                                                                                                                                                                 

As an alternative to submitting a claim for out-of-pocket losses, all Class Members may make a claim to receive a flat-rate cash payment that will be determined based on the money remaining in the Settlement Fund after the payment of attorneys’ fees and costs, Settlement Administrative Expenses, Class Representative Service Award, and valid claims for out-of-pocket losses. Class Members do not need to suffer out-of-pocket losses for eligibility to file a claim for a flat-rate cash payment.                                                                                                                                                                                                                                                                                        

Maximum Settlement Contribution: Under this Settlement, the maximum total amount Defendant may be required to pay is $1,613,300.45. This maximum includes reimbursements for out-of-pocket Losses up to $2,000 and flat-rate cash payments, Fee Award and Costs, and expenses awarded by the Court to Class Counsel, any awarded class representative service awards, and notice and administrative costs for the Settlement. In no event shall Defendant’s total financial obligation under the Settlement exceed $1,613,300.45.

By submitting a valid claim form by on or before the Claims Deadline of October 11, 2024. If you received the May 2023 data breach notification letter, you can make a claim by filling out and submitting the claim form available in the "Documents" section of this Settlement Website.                                                                                                                                                                                                                                                 

You can also contact the Settlement Administrator to request a paper Claim Form by telephone ((833) 383-3353), email ([email protected]), or U.S. mail (In Re R&B Corporation of Virginia d/b/a Credit Control Corporation, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391).

Claims will be subject to a verification process. You will need the Unique ID provided on the front of your Summary Notice (or the top of your email notice) to fill out a Claim Form. If you do not know your Unique ID, please contact the Settlement Administrator. 

The hearing to consider the fairness of the Settlement is scheduled for January 29, 2025, at 11:30 AM ET. If the Court approves the Settlement, eligible Class Members whose claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible claims will be paid to Class Members via written check unless a Class Member chooses to receive payment electronically. All checks will expire and become void 180 days after they are issued. 

Yes, the Court has appointed Bryan L. Bleichner of Chestnut Cambronne PA, Benjamin F. Johns of Shub & Johns LLC, and Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman LLC as “Class Counsel.” 

Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.

Class Counsel will ask the Court for Fee Award and Costs that will be paid from the Settlement Fund. Class Counsel will not seek more than 1/3 of the Settlement Fund in attorneys’ fees, and additionally, litigation costs and expenses (not to exceed $50,000). Class Counsel will also request a Service Award of up to $5,000 for the Class Representatives. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Class Representatives. The Court may award less than the amounts requested.  

If you do not exclude yourself from the Settlement, you will not be able to sue the Defendant about the issues in this case, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included Release. This is true regardless of whether you submit a Claim Form.  You can read the Settlement Agreement available in the "Documents" section of this Settlement Website. However, you may exclude yourself from the Settlement (see Question 14). If you exclude yourself from the Settlement, you will not be bound by any of the Released Claims.                                                                                                                                                                                                                                  

“Released Claims” means any and all past, present, and future claims and causes of action related to the Data Incident, including but not limited to, any causes of action arising under or premised upon any statute, constitution, law, ordinance, treaty, regulation, or common law of any country, state, province, county, city, or municipality, including 15 U.S.C. § 45, et seq., and all similar statutes in effect in any states in the United States as defined below; state consumer-protection statutes; negligence; negligence per se; breach of contract; breach of implied contract; breach of fiduciary duty; breach of confidence; invasion of privacy; fraud; misrepresentation (whether fraudulent, negligent or innocent); unjust enrichment; bailment; wantonness; failure to provide adequate notice pursuant to any breach notification statute or common law duty; and including, but not limited to, any and all claims for damages, injunctive relief, disgorgement, declaratory relief or judgment, equitable relief, attorneys’ fees and expenses, pre-judgment interest, credit monitoring services, the creation of a fund for future damages, statutory damages, punitive damages, special damages, exemplary damages, restitution, and/or the appointment of a receiver, whether known or unknown, liquidated or unliquidated, accrued or unaccrued, fixed or contingent, direct or derivative, and any other form of legal or equitable relief that either has been asserted, was asserted, or could have been asserted, by any Class Member against any of the Released Persons based on, relating to, concerning or arising out of the alleged Data Incident or the allegations, transactions, occurrences, facts, or circumstances alleged in or otherwise described in the Litigation.                                                                                                                                                                                                                                                  

The Settlement Agreement in Subsections 1.36, 1.37, and 4 describe the Release and Released Claims in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available in the "Documents" section of this Settlement Website or the public court records on file in this lawsuit.                                                                                                                                                                                                                       

The Released Claims do not include any claims arising from or relating to any conduct by Defendant after the date the Agreement is executed. The Released Claims shall also not include the right of Plaintiff, any Class Member, or any Releasing Party to enforce the terms of the Settlement Agreement

If you do nothing, you will receive no payment under the Settlement for any losses incurred as a result of the Data Incident. You will be in the Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above.  Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this Settlement.

If you opt-out of the Settlement, you will not have any rights as a member of the Class under the Settlement terms; you will not receive any payment as part of the Settlement; you will not be bound by any further orders or judgments in this case; and you will keep the right, if any, to sue on the claims alleged in this lawsuit at your own expense.

You can ask to be excluded from the Settlement. To do so, you must mail a letter or exclusion form stating: (1) the name of the proceeding, In Re R&B Corporation of Virginia d/b/a Credit Control Corporation, Data Security Breach Litigation, Case No. 4:23-cv-00066-JKW-RJK (E.D. Va.); (2) your full name; (3) your current address; (4) your personal signature; and (5) a clear statement of your intent to opt-out of or exclude yourself from the Settlement. You must mail your Request for Exclusion, postmarked no later than October 11, 2024, to the following address:

In Re R&B Corporation of Virginia d/b/a Credit Control Corporation
c/o Kroll Settlement Administration LLC
PO Box 225391
  New York, NY 10150-5391

You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.

No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this Settlement even if you do nothing.

No. If you exclude yourself, do not submit a Claim Form to ask for a payment.

If you did not exclude yourself from the Class and think that the Court should not approve the Settlement, you can object to the Settlement and provide reasons why you think the Settlement should not be approved. Such notice must state: (i) your full name and address; (ii) the case name and docket number, In Re R&B Corporation of Virginia d/b/a Credit Control Corporation, Data Security Breach Litigation, Case No. 4:23-cv-00066-JKW-RJK (E.D. Va.); (iii) information identifying yourself as a Class Member, including proof that you are a member of the Class (e.g., copy of your Settlement Notice, copy of original notice of the Data Incident, or a statement explaining why you believe you are a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable; (v) the identity of any and all counsel representing you in connection with your objection; (vi) a statement whether you and/or your counsel will appear at the Final Approval Hearing; and (vii) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection. 

To be timely, written notice of an objection in the appropriate form must be mailed, with a postmark date no later than October 11, 2024, to the Settlement Administrator, Kroll, LLC, at In Re R&B Corporation of Virginia d/b/a Credit Control Corporation, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.  You or your counsel shall also file any objection with the Court through the Court’s ECF system or by submitting your objection to the Clerk of Court, which is located at The United States Courthouse 2400 West Avenue, Newport News, VA 23607.

For all objections mailed to the Settlement Administrator, Class Counsel will file them with the Court with the Motion for Final Approval of the Settlement, unless the objection(s) were previously filed on the docket. 

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing on January 29, 2025, at 11:30 AM ET at The United States Courthouse 2400 West Avenue, Newport News, VA 23607. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for Fee Award and Costs, and expenses and the Service Award Payments to the Class Representatives.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted to this Settlement Website or through the Court’s publicly available docket. You should check this Settlement Website to confirm the date and time have not been changed.
 

No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.

Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement.

This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available at the "Documents" section of this Settlement Website.                                                                                                                                                                

YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR ONLINE FOR MORE INFORMATION OR TO UPDATE YOUR CONTACT INFORMATION BY USING THE "CONTACT US" SECTION AVAILABLE ON THIS SETTLEMENT WEBSITE, BY CALLING TOLL-FREE AT (833) 383-3353, BY EMAIL AT [email protected], OR WRITING TO:

In Re R&B Corporation of Virginia d/b/a Credit Control Corporation
c/o Kroll Settlement Administration LLC
PO Box 225391
    New York, NY 10150-5391

PLEASE DO NOT CALL THE COURT, THE CLERK OF THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.