Smith v. Kaye-Smith Enterprises, Inc.

If you received a Notice of Data Incident from Kaye-Smith Enterprises, Inc. or if you believe you were affected when Kaye-Smith Enterprises, Inc. (“Kaye-Smith”) was subjected to a data breach in June 2022 (the “Data Incident”), a proposed class action settlement may affect your rights.

A settlement has been reached in a class action lawsuit against Kaye-Smith. The lawsuit involves allegations that Kaye-Smith Enterprises, Inc. failed to protect sensitive personal information it received from Business Associates and failed to timely notify affected individuals after learning their information was exposed. Kaye-Smith denies these allegations.

The parties have agreed to a proposed settlement on behalf of those persons whose personal information may have been exposed in the Data Incident.

Kaye-Smith has agreed to pay no less than $2,000,000 into a fund that will be used to pay settlement awards to eligible persons who file claims, settlement administration expenses, any court-awarded service awards, and court-awarded attorneys’ fees and costs.

Court-appointed lawyers for the Settlement Class (“Class Counsel”) will ask the Court for a payment of one third of the fund (approximately $667,000) from the fund as attorneys’ fees. In addition, Class Counsel will ask the Court to reimburse them for out-of-pocket expenses they incurred in this case, which currently amount to approximately $50,000. Class Counsel will also request $5,000 service awards for named plaintiffs, Richard Smith, Noel Woodard, and Richard Krefting, and $2,500 for Named Plaintiff Washington Federal Bank to compensate for time and effort during the litigation.

Your legal rights are affected whether you act, or don’t act. Read this website and Notice carefully.

Your Legal Rights and Options in This Lawsuit

Submit a Claim Form By December 26, 2024	This is the only way to receive a payment.
Exclude Yourself By December 2, 2024	You will receive no benefits from the Settlement if you exclude yourself. You keep any rights to sue Kaye-Smith or its Business Associates separately about the same or similar legal claims.
Object By December 26, 2024	You may file a written objection with the Court if you disagree with any portion of the Settlement. If you exclude yourself from the Settlement, the Court will not consider an objection from you.
Attend a Hearing On January 7, 2025	You may ask to speak in Court about the fairness of the settlement.
Do Nothing	Get no payment. Give up your rights.

These rights and options—and the deadlines to exercise them—are explained in the Notice and on the Frequently Asked Questions (FAQs) page of this website.