1. What is the Notice of Settlement, and why did I get it?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. How do I know if I am part of the Settlement?
6. What does the Settlement provide?
7. How will the Settlement help me protect against future identity theft and fraud?
8. What happens if the amount of claims exceeds the amount of the settlement?
9. How do I file a claim for credit monitoring, reimbursement of out-of-pocket losses, or an alternative pro rata cash payment?
10. How will claims be decided?
11. When will I get my payment?
12. What am I giving up as part of the Settlement?
13. Do I have a lawyer in this case?
14. How will the lawyers be paid?
15. Will the Settlement Class Representatives receive additional money?
16. How do I exclude myself from the Settlement?
17. How do I tell the Court that I like or do not like the Settlement?
18. How do I get more information?
A Court authorized the Notice of Settlement to inform you on how you may be affected by this proposed Settlement. The Notice describes the lawsuit, the general terms of the proposed Settlement and what it may mean to you. The Notice of Settlement also explains how to participate in, or exclude yourself from, the Settlement if you received notification that your personal information was compromised in the Cupertino Data Breach.
For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this Settlement, see Question 5.
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On or around June 24, 2023, Cupertino detected unusual activity on certain internal systems and discovered that, between June 14, 2023 and June 24, 2023, an unauthorized party accessed and acquired information maintained on Cupertino's systems (the "Data Breach"). The lawsuit claims that Cupertino is responsible for the Data Breach.
Cupertino denies these claims and any wrongdoing. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Cupertino.
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In a class action, one or more people called "class representatives" sue on behalf of themselves and other people with similar claims. All of these people together are the "class" or "class members." Because this is a class action settlement, even persons who did not file their own lawsuit can obtain benefits provided under the Settlement, except for those individuals who exclude themselves from the Settlement Class by the deadline.
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The Court has not decided in favor of Plaintiffs or Cupertino. Instead, both sides agreed to a settlement after months of settlement negotiations. Settlements avoid the costs and uncertainty of trial and related appeals, while quickly providing benefits to Settlement Class Members. The Class Representatives appointed to represent the Settlement Class and the attorneys for the Settlement Class ("Class Counsel," see Question 13) believe that the Settlement is in the best interests of the Settlement Class Members.
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You are a Settlement Class Member if you were sent notice of the Data Breach from Cupertino. These notices were sent by Cupertino on or around June 28, 2023.
If you are not sure whether you are included in the Settlement, you may call 1-833-360-6845 or email info@CupertinoElectricDataSettlement.com with questions.
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The Settlement provides:
Compensation for unreimbursed, documented out-of-pocket losses;
Two years of three-bureau credit monitoring (see Question 7);
Pro rata cash payments for all Settlement Class Members as an alternative to submitting a claim for documented out-of-pocket losses;
Payment of costs of notifying Settlement Class Members and administering the Settlement;
Payment of a Service Award to the Settlement Class Representatives, as approved by the Court (see Question 15);
Payment of Attorneys' Fees, Costs, and Expenses, as approved by the Court (see Question 14).
Injunctive relief, including a number of security commitments by Cupertino designed to prevent attacks similar to the Data Breach from occurring in the future.
Settlement Benefit: Payment for Unreimbursed Out-of-Pocket Losses: Settlement Class Members that have documented out-of-pocket losses as a result of the Data Breach can make a claim for reimbursement up to $5,000.00. Out-of-Pocket Losses that are eligible for reimbursement include, but are not limited to, the following:
costs and expenses spent addressing identity theft or fraud;
preventative costs including purchasing credit monitoring, placing security freezes on credit reports, or requesting copies of credit reports for review; and
other documented losses that were not reimbursed;
To claim reimbursement for out-of-pocket losses, you must submit documentation supporting this claim, including, but not limited to credit card statements, bank statements, invoices, telephone records, and receipts.
Settlement Benefit: Alternative Pro Rata Cash Payment: In lieu of submitting a claim for documented out-of-pocket losses, you may submit a claim for an alternative pro rata cash payment from the Residual Settlement Fund. As defined in the Settlement Agreement (available by clicking here), the Residual Settlement Fund means the amount of funds that remain in the $740,520.00 Settlement Fund after funds are paid from or allocated for payment from the Settlement Fund for the following: (i) Notice and Administrative Expenses; (ii) Taxes and Tax-Related Expenses; (iii) Approved Claim(s) for Out-of-Pocket Losses; (iv) Approved Claims for Credit Monitoring and Identity Theft Protection Services; (v) Service Awards Payments approved by the Court; and (vi) Attorneys' Fee Award and Expenses approved by the Court.
The election to receive a pro rata alternative cash payment does not preclude Class Representatives from receiving a Court approved Service Award Payment and does not preclude Settlement Class Members from receiving Credit Monitoring and Identity Theft Protection Services.
Settlement Benefit: Credit Monitoring and Identity Theft Protection Services: Settlement Class Members may submit a claim for two years of credit monitoring and identity theft protection services, which shall include: (i) three bureau credit monitoring, (ii) report and score, (iii) dark web monitoring, (iv) identity theft protection services, (v) identity resolution services, and (vi) $1,000,000.00 in identity theft insurance.
The Settlement Administrator will decide if your claim for out-of-pocket losses and/or an alternative pro rata cash payment is valid. Only valid claims will be paid. The deadline to file a claim for out-of-pocket losses, credit monitoring and identity theft protection services, and/or an alternative pro rata cash payment is November 6, 2025.
The amount of your claim may be reduced or increased depending on the total amount of claims, see Question 8.
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Settlement Class Members can submit a claim for two years of three-bureau credit monitoring services, including at least $1 million in identity theft insurance. The two years of three-bureau credit monitoring and identity theft services is in addition to the 24 months of complimentary credit monitoring services offered by Cupertino in its Notice of Security Incident Letter sent on or around June 28, 2023.
The deadline to file a claim for credit monitoring and identity theft protection services is November 6, 2025. If you submit a valid claim form and elect to enroll in credit monitoring and identity theft protection services, you will receive enrollment instructions by email after the settlement is final.
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The aggregate amount Cupertino shall be responsible to pay under this Settlement Agreement is $740,520.00. If the total amount of approved claims made by Settlement Class Members, together with the Administration and Notice Costs, Service Awards, Attorneys' Fees, and Expenses, exceeds $740,520.00, approved claims will be subject to a pro rata reduction such that the total amount of Settlement Benefits paid by Cupertino does not exceed the amount of the settlement.
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To file a claim for credit monitoring, documented out-of-pocket losses, or for an alternative pro rata cash payment, you will need to file a claim form with your Unique Class Member ID, which can be found on the post-card Notice of Settlement you received or by contacting the Settlement Administrator.
The easiest way to submit a claim form is online, by filling out the form, click here. You can also download a paper claim form here and return a completed claim form by mail addressed to:
Cupertino Data Breach Class Action Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
The deadline to file a claim is November 6, 2025 (this is the last day to file online and the postmark deadline for mailed claims).
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The Settlement Administrator will decide whether the information provided on each Claim Form is complete and valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner the claim will be considered invalid and will not be paid.
Approved claims are those submitted in a timely manner and found to be valid by and in an amount approved by the Settlement Administrator.
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The Court will hold a hearing on December 4, 2025, to decide whether to approve the Settlement Agreement. If the Court approves the Settlement Agreement, there may still be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.
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If you make a claim under the Settlement, or if you do nothing, you will be releasing all of your claims relating to the Data Breach against Cupertino and any Released Parties (which includes the entity, if any, listed on the Notice of Settlement you received) when the Settlement becomes final. By releasing your legal claims, you are giving up the right to file, or to continue to pursue, separate legal claims against or seek further compensation from Cupertino or any Released Parties for any harm related to the Data Breach or the claims alleged in the lawsuits—whether or not you are currently aware of those claims.
Unless you exclude yourself from the Settlement (see Question 16), all of the decisions by the Court will bind you. That means you will be bound to the terms of the Settlement and accompanying court orders, and cannot bring a lawsuit or be part of another lawsuit against Cupertino or any Released Parties regarding the Data Breach.
Paragraph 14 of the Settlement Agreement defines the claims and parties that will be released by Settlement Class Members who do not exclude themselves from the Settlement. You can access the Settlement Agreement and read the specific details of the legal claims being released by clicking here.
If you have any questions, you can contact the Settlement Administrator (see Question 18).
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Yes. The Court appointed William B. Federman and Tanner R. Hilton of Federman & Sherwood as Settlement Class Counsel. You will not be charged by these lawyers for their work on this case. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel has undertaken this case on a contingency-fee basis, meaning they have paid for all of the expenses in the case and have not been paid any money in relation to their work on this case. Accordingly, Class Counsel will ask the Court to award Attorneys' Fees and Costs. The Court will decide the amount of fees and costs and expenses to be paid. You will not have to separately pay any portion of these fees yourself. Class Counsel's request for Attorneys' Fees and Costs (which must be approved by the Court) will be filed by September 8, 2025, and will be available to view on the Important Documents page.
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The Settlement Class Representatives in this action are listed in the Settlement Agreement, which is available here. Class Counsel will ask the Court to award the Settlement Class Representatives a "Service Award" of $3,000.00 for the time that the Settlement Class Representatives spent, and the risks that the Settlement Class Representatives undertook, in bringing this lawsuit on behalf of the class. This amount will have to be approved by the Court.
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If you are a member of the Settlement Class, you may exclude yourself from the Settlement (also known as "opting out"). If you exclude yourself, you will lose any right to participate in the Settlement, including any right to receive the benefits outlined in this Notice of Settlement.
If you decide on this option, you may keep any rights you have, if any, against Cupertino, and you may file your own lawsuit against Cupertino based upon the same legal claims that are asserted in this lawsuit, but you will need to find your own attorney at your own cost to represent you in that lawsuit. If you are considering this option, you may want to consult an attorney to determine your options.
IMPORTANT: You will be bound by the terms of the Settlement Agreement unless you submit a timely and signed written request to be excluded from the Settlement. To exclude yourself from the Settlement you must do so by emailing your written “request for exclusion” to info@CupertinoElectricDataSettlement.com by October 7, 2025 or mail your written request, postmarked no later than October 7, 2025, to:
Cupertino Data Breach Class Action Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
The statement must contain the following information:
Identify the case name of the Action;
Identify the name and address of the individual seeking exclusion from the Settlement;
Be personally signed by the individual seeking exclusion;
Include a statement clearly indicating the individual's intent to be excluded from the Settlement; and
Request exclusion only for that one individual whose personal signature appears on the request.
If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude yourself from the Settlement, and your rights will be determined in this lawsuit by the Settlement Agreement if it is approved by the Court.
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If you are a Settlement Class Member, you have the right to tell the Court what you think of the Settlement. You can object to the Settlement if you don't think it is fair, reasonable, or adequate, and you can give reasons why you think the Court should not approve it. You can't ask the Court to order a larger settlement; the Court can only approve or deny the Settlement as it is.
To object, you must send a written objection stating that you object to the Settlement. Your objection must include:
The case name and number of the Action;
Documentation evidencing the objector's status as a Settlement Class Member;
The name, address, and telephone number of the objecting Settlement Class Member and, if represented by counsel, of his/her counsel;
A statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class;
A statement of the number of times in which the objector (and, where applicable, objector's counsel) has objected to a class action settlement within the three years preceding the date that the objector files the objection, along with the caption of each case in which the objector has made such objection;
A statement of the specific grounds for the objection; and
A statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally or through counsel.
In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearing.
To be considered by the Court, your written objection must be filed electronically with the Court by October 7, 2025 or mailed, postmarked no later than October 7, 2025, to the following addresses:
Clerk of the Court | Christopher J. Seusing | William B. Federman |
If you do not comply with these procedures and the deadline for objections, you may lose any opportunity to have your objection considered at the Final Approval Hearing or otherwise to contest the approval of the settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed settlement. You will still be eligible to receive settlement benefits if the settlement becomes final even if you object to the settlement.
The Court has scheduled a Final Approval Hearing to listen to and consider any concerns or objections from Settlement Class Members regarding the fairness, adequacy, and reasonableness of the terms of the Settlement Agreement. That hearing is currently scheduled to take place on December 4, 2025, at 9:00 a.m. either by video conference or in person before the Honorable Beth Labson Freeman, at the United States District Court for the Northern District of California located at 280 South 1st Street, San Jose, California 95113. This hearing date and time may be moved. Please check this Settlement website for notice of any changes.
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If you have questions about this Notice of Settlement or the Settlement, you may call 1-833-360-6845. You can also contact the Settlement Administrator at info@CupertinoElectricDataSettlement.com or by mailing a letter to the Cupertino Data Breach Class Action Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799, for more information or to request that a copy of this document be sent to you in the mail. If you wish to communicate directly with Class Counsel, you may contact them. You may also seek advice and guidance from your own private lawyer at your own expense, if you wish to do so.
This website and the Notice of Settlement are only a summary of the lawsuit and the Settlement. Other related documents can be accessed through the Important Documents page. If you have questions about the proposed settlement or wish to receive a copy of the Settlement Agreement but do not have access to the Internet to download a copy online, you may contact the Settlement Administrator. The Court cannot respond to any questions regarding this Notice of Settlement, the lawsuit, or the proposed settlement.
Please do not contact the Court, its Clerks, or Cupertino.
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