Cavender Employee Data Settlement

OFFICIAL NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

RE: Sanchez v. Cavender Stores, LTD

This is not a solicitation from a lawyer, junk mail, or an advertisement. A court authorized this Notice. Please read this Notice carefully.

If you were mailed written notification by Cavender Stores, Ltd. that your private information was potentially compromised as a result of the Data Incident discovered by Cavender’s in April 2022, the United States District Court for the Eastern District of Texas, Sherman Division has preliminarily approved a class action settlement that may affect your legal rights.

• A proposed Settlement has been reached in a class action lawsuit known as Alexis Sanchez v. Cavender Stores, LTD., Case No. 4:22-cv-01016-ALM (“Lawsuit”), filed in the United States District Court for the Eastern District of Texas, Sherman Division.

• This Lawsuit arises out of unauthorized access to Cavender’s systems and certain files containing sensitive and/or personal information about Cavender’s employees including, but not limited to, names, addresses, dates of birth, Social Security numbers, driver’s license numbers, bank account numbers, treatment information and/or health insurance information (including health plan information) (collectively “Private Information”) and which was discovered by Cavender’s on or about April 28, 2022 (the “Data Incident”). Cavender’s disagrees with Plaintiff’s claims and denies any wrongdoing.

• All Settlement Class Members can receive the following benefits from the Settlement: (1) up to $500 for documented out-of-pocket expenses, (2) reimbursement for up to three (3) hours of lost time spent dealing with the Data Incident at $25 per hour, and (3) reimbursement for extraordinary losses up to $2,500 for documented expenses. Cavender’s also agrees to provide security related improvements.

• Settlement Class Members who previously enrolled in the credit monitoring product offered by Cavender will have that term automatically extended for one (1) year. Settlement Class Members who did not previously enroll for credit monitoring shall have the ability to claim two (2) years of credit monitoring by the same service previously offered by Cavender’s.

• You are included in this Settlement as a Settlement Class Member if you were mailed written notification that indicated your Private Information was potentially compromised as a result of the Data Incident discovered by Cavender Stores Ltd. in April 2022.

Your legal rights are affected even if you do nothing. Read this Notice carefully.

ACTION	EXPLANATION
Submit a Claim and/or Receive Credit Monitoring	You must submit a Valid Claim to get money from this Settlement. Claim Forms must be submitted online by October 23, 2023 or, if mailed, postmarked no later than October 23, 2023.  Submit A Claim You do not have to submit a claim to get Credit Monitoring if you previously enrolled. If you previously signed up for monitoring, your monitoring will be automatically extended for one (1) additional year. If you did not previously sign up for monitoring, you may enroll in the credit monitoring product previously offered by Cavender’s, for a period of two years, by submitting a request through the Claim Form.
DO NOTHING	If you do nothing, you remain in the Settlement. You give up your rights to sue and you will not get any money.
EXCLUDE YOURSELF	Get out of the Settlement. Get no money. Keep your rights. This is the only option that allows you to keep your right to sue about the claims in this lawsuit. You will not get any money from the Settlement. Your request to exclude yourself must be postmarked no later than September 22, 2023.
File an Objection	Stay in the Settlement but tell the Court why you think the Settlement should not be approved. Objections must be postmarked no later than September 22, 2023.
Go to a Hearing	You can ask to speak in Court about the fairness of the Settlement, at your own expense. See Question 18 for more details. The Final Fairness Hearing is scheduled for November 27, 2023.

These rights and options—and the deadlines to exercise them—are explained in the Notice of Class Certification.