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OPM Data Breach Settlement

July 5, 2022

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If You Were Subject to the Data Breaches of the U.S. Office of Personnel Management and Its Contractor (Peraton Risk Decision Inc.), and You Experienced an Out-of-Pocket Loss After the Breaches, You Could Be Eligible for a Payment from a Class Action Settlement

You may be eligible to receive a payment from a proposed $63,000,000 class action settlement.

The lawsuit is about the data breaches of the U.S. Office of Personnel Management (“OPM”) in 2014 and 2015 and its security contractor in 2013 and 2014 that allegedly compromised personal information of then-current and former federal government employees and contractors, as well as certain applicants for federal employment. The Defendants in the case—OPM and its contractor, known now as Peraton Risk Decision Inc. (“Peraton”) and previously as KeyPoint Government Solutions, Inc.—deny that they did anything wrong and dispute that they have any liability, but have agreed to settle the lawsuit.

To be eligible to make a claim for payment, your personal information must have been compromised in the data breaches, and you must also have suffered an out-of-pocket expense or lost compensable time:

  1. to purchase a credit monitoring product, credit or identity theft protection product, or other product or service designed to identify or remediate the data breaches;
  2. to access, freeze or unfreeze a credit report with a credit reporting agency; or
  3. as a result of an identity theft incident or to mitigate an identity theft incident.

Eligible claimants under the Settlement will receive $700 or the actual amount of the claim—whichever is greater—up to a maximum of $10,000, unless the total value of all valid claims, plus any incentive awards to named plaintiffs, exceeds the amount of money in the fund.

The Settlement does not affect or release claims of anyone who was subject to the data breaches and who did not experience losses within any of the three categories listed above.

You can file your claim here. You can also opt out of or object to the Settlement.

OPM (as authorized by Congress) has made free credit monitoring and identity theft protection services available to all individuals whose personal information was compromised in the data breaches. If you have not signed up for these services but wish to do so, visit www.opm.gov/cybersecurity or call 1-800-750-3004 Monday through Saturday, between 9:00 a.m. and 9:00 p.m. Eastern Time.

 

Your Legal Rights and Options in This Settlement
Action Description Deadline
Submit a claim form This is the only way to receive a payment for losses suffered as a result of the data breaches. You can file a claim by filing online here, downloading a copy of the claim form from the Documents page and mailing it in, or you may call 1-855-917-3567 (Toll-Free) and ask that a claim form be mailed to you. For detailed information on how to submit a claim form, see FAQ 14. Postmarked by December 23, 2022
Exclude Yourself by Opting Out Get no payment. This is the only option that allows you to keep your right to bring any other lawsuit against the Defendants if you are a class member—meaning you were subject to the data breaches and experienced economic loss in at least one of the three categories listed above. Postmarked by September 9, 2022
Object to the Settlement and/or Attend a Hearing You can write the Court about why you like or do not like the Settlement. The Court cannot order a different settlement. You can also ask to speak to the Court at the hearing on October 14, 2022 about the fairness of the Settlement, with or without your own attorney. Received by September 9, 2022
Do Nothing Get no payment. Give up rights if you are a class member.

These rights and options—and the deadlines to exercise them—are explained further on the Frequently Asked Questions page of this website.

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