Smith v. Kaye-Smith Enterprises, Inc.

Kaye-Smith’s records show that your sensitive personal information may have been compromised when Kaye-Smith was subjected to a cybersecurity hack in June 2022 (the “Data Incident”). You may have received a Notice of Data Incident from Kaye-Smith or one of its Business Associates. The purpose of the Notice is to let you know that the parties have reached a proposed settlement in the class action lawsuit entitled Smith et al. v. Kaye-Smith Enterprises, Inc., Cause No. 3:22-cv-01499-AR, pending in the United States District Court for the District of Oregon. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. Because your rights will be affected by this settlement, it is extremely important that you read the Notice carefully. The Notice summarizes the settlement and your rights under it.

The Named Plaintiffs allege that Kaye-Smith violated the Washington Consumer Protection Act, and state common law by failing to protect sensitive personal information Kaye-Smith received from Business Associates or by failing to timely notify affected individuals after learning their data was compromised in the Data Incident. Kaye-Smith denies the allegations.

In a class action lawsuit, one or more people called plaintiffs or “class representatives” sue on behalf of other people who have similar claims. The people together are a “class” or “class members.” The party they sue (in this case Kaye-Smith Enterprises, Inc.) is called the defendant. If the lawsuit proceeds as a class action, it resolves the issues for everyone in the class—except for those people who choose to exclude themselves from the class.

The Court did not decide in favor of the Plaintiff or Kaye-Smith. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The class representatives and their attorneys think the settlement is best for the Settlement Class.

You are in the “Settlement Class” if your personal information was included in the Data Incident.

The Settlement Class does not include any persons who validly request exclusion from the Settlement Class, as described under FAQ 11. A person who does not exclude themselves is a “Settlement Class Member.”

If you have questions about whether you are a part of the Settlement Class you may call 1-877-203-8209.

Kaye-Smith has agreed to pay no less than $2,000,000 to pay Settlement Class Members who submit valid claims, any court-approved attorneys’ fees, litigation expenses, service awards, and notice and settlement administration expenses. You will not receive any settlement payment unless you submit a Claim Form as described in FAQ 8.

Settlement Class Members may submit a claim for one of two payment options and are eligible for fraud monitoring without the need to file a claim. Kaye-Smith also agreed to change their business and cybersecurity practices.

The tax implications may vary based on your income, the amount you receive and other factors, so you should consult a tax professional to assess the specific tax implications of any payment you may receive. Class Counsel, and the settlement administrator cannot advise you with respect to your tax obligations.

The claim filing deadline of December 26, 2024 has passed. Claims are no longer being accepted in this matter.

Payments to validated claims were issued on July 29, 2025.

Unless you request to exclude yourself, you are staying in the Settlement Class and you will be a Settlement Class Member. If the Court approves the settlement and becomes final, you and other Settlement Class Members can’t sue, continue to sue, or be part of any other lawsuit against the “Released Parties” regarding the Data Incident.

The Settlement Agreement (available here) describes the claims you are releasing and against whom you are releasing claims, so read it carefully. To summarize, the release includes claims against Kaye-Smith or the Business Associates through which Kaye-Smith obtained the compromised data (the “Released Parties”) that arise out of or relate to the Data Incident.

The deadline to “opt out” or exclude yourself from the settlement was December 2, 2024, and has passed.

If you already have, or want to bring, your own lawsuit against the Released Parties regarding the Data Incident and want to continue with the lawsuit, you need to ask to be excluded from the Settlement Class. If you exclude yourself from the Settlement Class you won’t get any money from the Settlement. However, you may be able to sue or continue to sue the Released Parties regarding the Data Incident on your own. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

No. You will not receive any payment from the settlement if you exclude yourself.

The Court decided that the law firms of Rhodes Legal Group, Baxter & Baxter, Federman & Sherwood, and Heenan & Cook, are qualified to represent you and all Settlement Class Members. These law firms are referred to as “Class Counsel.” You will not receive a bill from these lawyers, who have asked the Court to be paid a percentage of the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense. The names and addresses of Class Counsel are:

You do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want to hire your own lawyer, you will have to pay that lawyer. For example, you can ask a lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you.

The Court approved payment of attorneys’ fees in the amount of $666,666.00, which is roughly one-third of the $2,000,000 Settlement Fund plus litigation costs of $27,613.67. This payment compensates Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. The Court also approved $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.

The deadline to object to this settlement was December 26, 2024, and has passed.

Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court approved the Settlement on January 10, 2025. The Court also approved fees, expenses and reasonable litigation costs to Counsel and the service awards to Class Representatives.

If you do nothing, you will be a member of the Settlement Class and you will not receive payment from the settlement. You will also be bound by the terms of the settlement, including the Release described in FAQ 10.

These FAQs summarize the proposed settlement. More details are in the Settlement Agreement. You may review and download or print a copy of the Settlement Agreement here. You can also get a copy of the Settlement Agreement by writing to Kaye-Smith Settlement Administrator at P.O. Box 2378 Portland, OR 97208-2378.

You can call 1-877-203-8209 toll free; write to Kaye-Smith Settlement Administrator at P.O. Box 2378 Portland, OR 97208-2378. The Settlement Agreement, Plaintiff’s Complaint, Class Counsel’s motion for an award of attorneys’ fees and costs, and other information are available here.

PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR KAYE-SMITH WITH QUESTIONS ABOUT THE SETTLEMENT.