Frequently Asked Questions

BASIC INFORMATION

1. WHY WAS THE NOTICE ISSUED?

The United States District Court for the Eastern District of Missouri authorized the Notice because 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 captioned Schleicher v. API Financial Solutions, Inc., Case No. 4:23-cv-01431. The person that filed this lawsuit, Doris Schleicher, is called the “Plaintiff” (or “Class Representative”) and the entity she sued, API, is called the “Defendant.”

2. WHAT IS THIS LAWSUIT ABOUT?

This lawsuit alleges that a series of events took place that led to the loss of a small computer drive containing sensitive and private information of individuals for whom API kept information as part of its professional services. The lawsuit alleges the loss happened around June 28, 2023 and resulted in the disclosure of this information to unauthorized third parties. The information affected, depending on the individual, included, but was not limited to, Social Security numbers and financial account information.

3. WHAT IS A CLASS ACTION?

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “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 from a settlement. In this Settlement, the Class Representative is Doris Schleicher, and everyone included in this Action are the Settlement Class Members. Individuals who do not opt out of the Settlement are Participating Settlement Class Members.

4. WHY IS THERE A SETTLEMENT?

The Court did not decide in favor of the Plaintiff or the Defendant. Plaintiff and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow Participating Settlement Class Members to receive benefits from the Settlement. The Plaintiff and her attorneys think the Settlement is best for all Settlement Class Members.

WHO IS IN THE SETTLEMENT?

5. WHO IS INCLUDED IN THE SETTLEMENT?

The Settlement Class is defined as: “all individuals in the United States who were sent a notice of the Data Incident,” “Data Incident” is defined in the Settlement Agreement. There are approximately 31,000 Settlement Class members.

6. ARE THERE EXCEPTIONS TO BEING INCLUDED?

Yes. Excluded from the Settlement Class are API Financial Solutions, Inc., the Judge assigned to the Action, and that Judge’s immediate family and Court staff.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing or writing to the Settlement Administrator at:

API Financial Settlement

c/o Settlement Administrator

PO Box 25414, Santa Ana, CA 92799

info@APIFinancialSettlement.com

You may also view the Settlement Agreement HERE.

You may also call Class Counsel at: 888-747-4529

THE SETTLEMENT BENEFITS

7. WHAT DOES THE SETTLEMENT PROVIDE?

Under the Settlement, API will establish a non-reversionary settlement fund in the amount of Four Hundred Fifty-Seven Thousand Five-Hundred Dollars ($457,500). These funds will be used to pay for all valid claims made by Settlement Class Members, notice and administration costs, a service award, and attorneys’ fees and costs. In no event shall API pay more than $457,500.

Cash Award:Settlement Class Members may submit a claim to receive a payment from the Settlement Fund, which will be calculated by dividing (i) the amount of cash left in the Post Loss Payment Net Settlement Fund, which is the amount remaining in the Settlement Fund after the payment of the Settlement Administration Costs, Taxes and Tax-Related Expenses, attorneys’ fees and costs, Service Awards to Class Representatives, and approved claims for Documented Loss Payments (ii) by the number of valid and timely Claim Forms submitted by Settlement Class Members electing to receive a Cash Award.

IF YOU SELECT THE CASH AWARD, YOU MAY NOT CLAIM THE DOCUMENTED LOSS PAYMENT.

Documented Loss Payment: In the alternative to a Cash Award, Settlement Class Members may make a Claim for a Settlement Payment of up to $5,000 for reimbursement in the form of a Documented Loss Payment. To receive a Documented Loss Payment, Settlement Class Members must choose to do so on their Claim Form and submit to the Settlement Administrator the following: (i) a valid Claim Form electing to receive the Documented Loss Payment benefit; (ii) an attestation regarding any actual and unreimbursed Documented Loss; and (iii) reasonable documentation that demonstrates the Documented Loss to be reimbursed pursuant to the terms of the Settlement.

Identity Theft Protection and Credit Monitoring. All Participating Settlement Class Members may submit a Claim to accept three years of free credit monitoring services. All Participating Settlement Class Members who did previously enroll in the credit monitoring offered by API may still submit a Claim for this benefit. The credit monitoring shall provide three-bureau monitoring for all Valid Claims and shall include:

• Real time monitoring of credit file at all 3 bureaus;
• Dark web scanning with notification of potential unauthorized use;
• Comprehensive public record monitoring;
• Medical identity monitoring;
• Identity theft insurance (with no deductible); and
• Access to fraud resolution agents.

Participating Settlement Class Members will need to enroll to receive this benefit.

8. HOW MUCH WILL I RECEIVE IN MY SETTLEMENT PAYMENT?

If you submit a Claim for a Cash Award, the amount of your payment will depend on a formula discussed in response to Question 7. If you submit a Claim for Documented Losses, you can receive up to $5,000 subject to the conditions for payment. Please see the response to Question 7 for additional information. When submitting a Claim for Documented Losses, documents submitted may include credit card or bank statements, emails, invoices, receipts, or telephone records, including photographs of these documents. Personal statements, declarations, or other “self-prepared” documents are not considered reasonable documentation, but may be used to provide clarification, context, or support for other documentation.

9. WHAT CLAIMS AM I RELEASING IF I STAY IN THE SETTLEMENT CLASS?

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves regarding the Data Incident. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The claims being released are defined as the “Released Claims” and include “Unknown Claims.” The Settlement Agreement is available for review HERE.

SUBMITTING A CLAIM FOR SETTLEMENT BENEFITS

10. HOW DO I SUBMIT A CLAIM FOR A SETTLEMENT BENEFIT?

Claim Forms may be submitted online HERE or downloaded HERE and mailed to thevSettlement Administrator at: API Financial Settlement, c/o Settlement Administrator, PO Box 25414, Santa Ana, CA 92799.
You may also contact the Settlement Administrator by email to request a claim form at info@APIFinancialSettlement.com, or by U.S. mail at the PO box address above.

11. WHAT IS THE DEADLINE FOR SUBMITTING A CLAIM?

If you submit a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than December 18, 2024. If submitting a Claim Form online, you must do so by December 18, 2024.

12. WHEN WILL MY SETTLEMENT BENEFITS BE ISSUED?

The Court will hold a final approval hearing on January 28, 2025. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.

Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.

THE LAWYERS REPRESENTING YOU

13. DO I HAVE A LAWYER IN THE CASE?

Yes, the Court appointed Mason A. Barney and Tyler J. Bean of Siri & Glimstad LLP to represent you and other members of the Settlement Class (“Class Counsel”).

14. SHOULD I GET MY OWN LAWYER?

You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.

15. HOW WILL CLASS COUNSEL BE PAID?

Class Counsel will seek Court approval for attorneys’ fees of $152,500, and costs not to exceed $20,000 which, if approved by the Court, is to be paid out of the Settlement Fund.

EXCLUDING YOURSELF FROM THE SETTLEMENT

16. HOW DO I OPT OUT OF THE SETTLEMENT?

If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, you can exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is November 18, 2024.

To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:

• the name of the Action: Schleicher v. API Financial Solutions Inc., Case No. 4:23-cv-01431
• your full name; use;
• your current address;
• Claim number or other unique Settlement Class member ID assigned to you (it is included in the Postcard Notice sent to you);
• your signature (by hand if written; electronically if emailed); and
• the words “Request for Exclusion” or a similar, unambiguous statement that you do not wish to participate in the Settlement.

Your request for exclusion must be mailed to the Settlement Administrator at the address below or emailed to the address below, emailed or postmarked no later than November 18, 2024.

API Financial Settlement
ATTN: Exclusion Request
PO Box 25414, Santa Ana, CA 92799
info@APIFinancialSettlement.com

If you exclude yourself, 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. You may only exclude yourself—not any other person. By excluding yourself you remain able to pursue claims against the Defendant for the conduct alleged.

COMMENTING ON OR OBJECT TO THE SETTLEMENT

17. HOW DO I TELL THE COURT IF I LIKE OR DO NOT LIKE THE SETTLEMENT?

If you are a Participating Settlement Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.

• your full name, address, telephone number, and e-mail address (if any);
• information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident);
• a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable;
• the identity of any and all counsel representing you in connection with the objection;
• a statement as to whether you and/or your counsel will appear at the Final Fairness Hearing;
• your wet signature and the signature of your duly authorized attorney or other duly authorized representative, if any (along with documentation setting forth such representation); and
• a list, by case name, court, and docket number, of all other cases in which you and/or your counsel has filed an objection to any proposed class action settlement within the last three years.

Whether you submit a written objection or not, you may attend the Final Approval Hearing. At the Court’s discretion, you may address the Court at the hearing.

If you plan to file a written objection, it must be mailed to the Settlement Administrator at the address below or emailed to the address below, emailed or postmarked no later than November 18, 2024.

API Financial Settlement
ATTN: Objection
PO Box 25414, Santa Ana, CA 92799
info@APIFinancialSettlement.com

If you don’t follow the requirements for objecting, you’ll lose your ability to object to the Settlement and will be bound by all the terms of the Settlement and any orders approving the Settlement.

18. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?

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 exclude yourself from 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.

THE COURT’S FINAL APPROVAL HEARING

19. WHEN IS THE COURT’S FINAL APPROVAL HEARING?

The Court will hold a final approval hearing on January 28, 2025, at 3:00 p.m. C.T., at the Thomas F. Eagleton U.S. Courthouse, 111 South 10th Street, St. Louis MO 63102, in Courtroom 14N before Judge Stephen R. Clark.

At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class (Class Counsel is requesting $152,500 in attorneys’ fees, and up to $20,000 in costs), and whether to award a Service Award to the Class Representative who brought this Action on behalf of the Settlement Class (Class Representative is requesting $5,000). The Court will also consider any objections to the Settlement.

If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (See Question 17).

The date and time of this hearing may change without further notice. Please this website for updates.

20. DO I HAVE TO COME TO THE FINAL APPROVAL HEARING?

No. Class Counsel will answer any questions the Court may have about the settlement. For filed objections, Class Counsel will respond to questions the Court asks about those on behalf of the Settlement Class. If you file a written objection and wish to support it further before the Court, you would need to attend the Final Approval Hearing, but you do not have to attend. If you file an objection and do not appear at the hearing, the Court will still consider your objection. You and any counsel you have in the matter may attend at your expense.

IF I DO NOTHING

21. WHAT HAPPENS IF I DO NOTHING AT ALL?

If you are a Settlement Class Member and you do nothing, you will give up the rights described in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a payment or credit monitoring from this Settlement.

GETTING MORE INFORMATION

22. HOW DO I GET MORE INFORMATION?

The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents Page.

If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:

API Financial Settlement
PO Box 25414
Santa Ana, CA 92799
info@APIFinancialSettlement.com
(888) 836-1461

Publicly filed documents can also be obtained by visiting the office of the Clerk of Court for the United States District Court for the Eastern District of Missouri. There may be charges for obtaining documents that you would need to pay at your expense.

You may also contact Class Counsel. Contact information for Class Counsel is as follows:

Mason A. Barney
Tyler J. Bean
Siri & Glimstad, LLP
745 Fifth Ave, Ste. 500
New York, New York 10151