Frequently Asked Questions

The Court authorized this Notice because you have a right to know about the settlement, and all of your options, before the Court decides whether to give “final approval” to the settlement. This Notice explains the nature of the Litigation that is the subject of the settlement, the general terms of the settlement, and your legal rights and options. 

Judge Carla J. Ortega of the Superior Court for the State of California for the County of Ventura is overseeing this case captioned as McCartney et al v. Ventura County Credit Union, Lead Case No.: 2023CUPP011569. The people who brought the Litigation are called the Class Representatives. The company being sued, Ventura County Credit Union (“VCCU”), is called the Defendant.

The Litigation alleges that on or around December 14, 2022, VCCU became aware of suspicious activity in certain employee email accounts. Plaintiffs allege that during the 2022 Data Incident, cybercriminals potentially accessed sensitive Private Information belonging to Plaintiffs and Settlement Class Members. Plaintiffs and Settlement Class Members received notices of the 2022 Data Incident in or around July 2023. 

The Litigation further alleges that on or around January 30, 2024, VCCU became aware of suspicious activity in an employee email account, thereby allowing authorized access to Plaintiffs and Settlement Class Members’ Private Information (the “2024 Data Incident” and, together with the 2022 Data Incident, the “Data Incidents”). The Data Incidents may have impacted the Private Information of approximately 127,359 individuals, including approximately 107,991 California residents.

Defendant denies that it did anything wrong. No court or other judicial entity has made any judgment or other determination that Defendant has done anything wrong.

In a class action, one or more people called “Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the settlement. The settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The Class Representatives appointed to represent the Settlement Class, and the attorneys for the Class (“Class Counsel,” see Question 18) think the settlement is best for all Settlement Class Members.

You are affected by the settlement and a Settlement Class Member if you are a United States resident who VCCU identified as being among those individuals impacted by the Data Incidents, including all who were sent notice of the Data Incidents. You are a California Subclass Member if you are a California resident who VCCU identified as being among those individuals potentially impacted by the Data Incidents, including all who were sent notice of the Data Incidents.

The Settlement Class specifically excludes: (i) Defendant; (ii) any entity in which Defendant has a controlling interest, is a parent or subsidiary, or which is controlled by Defendant; (iii) the affiliates, legal representatives, attorneys, heirs, predecessors, successors, and assigns of Defendant; and (iv) the judges and court personnel in this case and any members of their immediate families.

If you are not sure whether you are included in the settlement, you may call (833) 627-7300 with questions. You may also write with questions to:

VCCU Data Incidents Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391 

All Settlement Class Members shall have the opportunity to submit a Claim Form for certain claimed benefits. The claimed benefits, as described below, shall include: (a) Credit Monitoring and Identity-Protection Services; (b) Out-of-Pocket Losses; (c) Reimbursement of Lost Time; and (d) CCPA Payments for California Subclass Members. 

You may submit a claim to be able to recover for each of these settlement benefits.

Also, as part of the settlement, VCCU acknowledges that the business practice changes already implemented were implemented in substantial part due to the pending Litigation. The cost of the business practice changes that have been implemented is approximately $550,000. Under this settlement, Defendant agrees to maintain these security improvements for a period of two (2) years, for a cost of approximately $100,000 per year. Thus, Defendant acknowledges that the total cost of the Business Practice Enhancements attributable to this Litigation is approximately $750,000. The costs of the Business Practice Enhancement are to be paid by Defendant separate and apart from the Settlement Fund.

Settlement Class Members who submit an Approved Claim are eligible to receive:

• Credit Monitoring Services – All Settlement Class Members who submit a valid Claim Form shall receive access to Credit Monitoring and Identity-Protection Services for a period of two (2) years (with $1,000,000 in insurance);
   
• Reimbursement for any Out-of-Pocket Losses – Every Settlement Class Member may submit a claim for up to $5,000 for out-of-pocket expenses and losses including proven actual monetary losses, upon submission of a valid Claim Form provided that:
  • the loss is an actual, unreimbursed monetary loss supported by third-party documentation;
  • the loss is fairly traceable to the Data Incident(s);
  • the claimant made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring insurance and identity theft insurance; and
  • the actual misuse or fraud loss occurred between December 14, 2022, and June 4, 2025;
     
• Lost Time – All Settlement Class Members may submit a claim for reimbursement of Lost Time. Those Settlement Class Members who submit a claim attesting that they spent time addressing the 2022 Data Incident would be compensated for that time up to four (4) hours at twenty ($20) per hour, and those Settlement Class members who submit a claim attesting that they spent time addressing the 2024 Data Incident would be compensated for that time up to four (4) hours at twenty ($20) per hour. Settlement Class Members who received notice for both the 2022 Data Incident and the 2024 Data Incident can receive reimbursement for up to eight (8) hours of Lost Time at $20 per hour with an attestation that the time spent was in response to both of the Data Incidents;
   
• CCPA Payment – All California Subclass Members may submit a claim to receive a cash payment of $75; AND
   
• Pro Rata Cash Payment - Following the payment of any Attorneys’ Fees and Expenses Award, any Service Award, the Costs of Claims Administration, the cost of Credit Monitoring and Identity-Protection Services, claims for Out-of-Pocket Losses, claims for Lost Time, and claims for CCPA Payments to the Settlement Subclass, any remaining amount in the Settlement Fund shall be distributed on a pro rata basis to all Settlement Class Members who submitted Valid Claims.

To receive a benefit under the settlement, you must complete and submit a claim online here, or by mail to:

VCCU Data Incidents Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by June 4, 2025, at 11:59 p.m. PT or by mail postmarked by June 4, 2025.

The Settlement Administrator will decide whether and to what extent any claim made on each Claim Form is valid. The Settlement Administrator may require additional information from you. If you do not provide the additional information in a timely manner, the claim will be considered invalid and will not be paid.

The Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (i) the claimant is a Settlement Class Member; (ii) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support a claim for Out-of-Pocket Losses; and (iii) the information submitted could lead a reasonable person to conclude that more likely than not the claimant has suffered the claimed losses or expenses as a result of the Data Incidents.

The Court will hold a hearing on June 16, 2025, at 8:30 a.m. PT to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals from that decision and resolving them can take time, perhaps more than a year. It also takes time for all of the Claim Forms to be processed. Please be patient.

The Released Persons gets a release from all claims covered by this settlement. Thus, if the settlement becomes final and you do not exclude yourself from the settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and it past or present parents, subsidiaries, divisions, and related or affiliated entities, of any nature whatsoever, whether direct or indirect, as well as each of Defendant’s and these entities’ respective predecessors, successors, directors, officers, principals, agents, attorneys, shareholders, employees, servants, representatives, advisors, consultants, vendors, partners, contractors, subrogees, insurers, and reinsurers, any or all of the above persons or entities referenced in this paragraph, any Person related to any such entities who is, was, or could have been named as a defendant in the Litigation. These Released Claims are described in the Settlement Agreement, which is available at the 'Document section'. If you have any questions, you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any benefits from the settlement and you will not be bound by any Final Judgment Order.

No. Unless you exclude yourself, you give up any right to sue any Released Persons for the Released Claims that this settlement resolves. You must exclude yourself from the settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for any benefit under the settlement.

To exclude yourself, send a request for exclusion or written notice of intent to opt-out that says you want to be excluded from the settlement in McCartney et al v. Ventura County Credit Union, Case No.: 2023CUPP011569. The letter must be individually signed (with a physical signature) and timely submitted to the Settlement Administrator. To be effective, the written request for exclusion must include the following: (a) the requestor’s name, address and email address; (b) the requestor’s physical signature; (c) the name and number of this Litigation, McCartney, et al. v. Ventura County Credit Union, Lead Case No. 2023CUPP011569; and (d) a statement that clearly manifests his or her wish to be excluded from the Settlement Class for purposes of this settlement. You must mail your exclusion request postmarked by May 5, 2025, to:

VCCU Data Incidents Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

You can tell the Court that you do not agree with the settlement or some part of it by objecting to the settlement. To object, you must mail your objection to the Settlement Administrator, at the mailing addresses listed below, postmarked by no later than, May 5, 2025:

VCCU Data Incidents Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Your objection must be written and must include all of the following: (a) the objector’s full name and address; (b) the case name and number, McCartney, et al. v. Ventura County Credit Union, Lead Case No. 2023CUPP011569; (c) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of the objector’s settlement notice, copy of original notice of one or both of the Data Incidents, or a statement explaining why the objector believes he or she is a Settlement Class Member); (d) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (e) the identity of any and all counsel representing the objector in connection with the objection; (f) a statement whether the objector and/or his or her counsel will appear at the Final Approval Hearing; (g) a list of any other objections submitted by the Settlement Class Member or Settlement Subclass Member, or their counsel, to any class actions submitted in any court, whether state, federal, or otherwise, in the United States in the previous five (5) years; and (h) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection.

Objecting is telling the Court that you do not like the settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the settlement. If you exclude yourself, you have no basis to object because you are no longer a Settlement Class Member, and the case no longer affects you. If you submit both a valid objection and a valid request for exclusion, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed John J. Nelson, A. Brooke Murphy, and Jason M. Wucetich as Class Counsel to represent the Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will file an application to be paid from the Settlement Fund. Class Counsel will request an Attorneys’ Fees and Expenses Award amount not to exceed one-third (1/3) of the Settlement Consideration and reimbursement of documented costs and expenses of an amount not to exceed $45,000. Defendant has agreed not to object to any Attorneys’ Fees and Expenses Award up to those amounts, to the extent approved by the Court. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the settlement and will be the only payment to them for their efforts in achieving this settlement. 

Class Counsel will also ask the Court for a Service Award up to $2,500 for each of the Class Representatives. 

Any Attorneys’ Fees and Expenses Award for Class Counsel, and for Service Award to the Class Representatives must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s papers in support of final approval of the settlement will be filed no later than May 19, 2025, and their application for attorneys’ fees and expenses will be filed no later than April 21, 2025 and will be posted on this Settlement Website.

The Court will hold a Final Approval Hearing at 8:30 a.m. PT on June 16, 2025, at the Superior Court of California, County of Ventura, Hall of Justice, Department 41, as ordered by the Court. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for Attorneys’ Fees and Expenses Award, as well as the request for Service Award for the Class Representatives. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends visiting this Settlement Website or calling (833) 627-7300.

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 16, including all the information required. Your objection must be mailed to the Settlement Administrator, at the mailing addresses mentioned below, postmarked by no later than May 5, 2025:

VCCU Data Incidents Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

If you do nothing, you will not receive any payment from this settlement. If the settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the other Released Persons based on any of the Released Claims.

This Notice summarizes the settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available at 'Document section'. You may also call the Settlement Administrator with questions or to receive a Claim Form at (833) 627-7300.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below:

         1. Sending mail to the following address:

VCCU Data Incidents Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

         2. Visiting the Contact Us section here.