Frequently Asked Questions
- Why was this notice issued and why should I read it?
- What is the lawsuit about?
- Why is this lawsuit a class action?
- Why is there a settlement?
- How do I know if I am included in the settlement?
- What if I am not sure whether I am included in the settlement?
- What does the settlement provide?
- What payments are available for Reimbursement of Documented Out-of-Pocket Losses?
- What payments are available for Unreimbursed Fees Incurred for Credit Monitoring?
- What payments are available for time spent?
- How do I get a payment?
- How will claims be decided?
- When will I get my payment?
- What am I giving up as part of the settlement?
- If I exclude myself, can I get a payment from this settlement?
- If I do not exclude myself, can I sue Belden for the same thing later?
- How do I exclude myself from the settlement?
- How do I tell the Court that I do not like the settlement?
- What is the difference between objecting and asking to be excluded?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- When and where will the Court decide whether to approve the settlement?
- Do I have to attend the hearing?
- May I speak at the hearing?
- What happens if I do nothing?
- How do I get more information?
- Why was this notice issued and why should I read it?
The Court authorized this notice because you may be included in the Settlement Class and have a right to know about the proposed settlement of this class action lawsuit and all of your options before the Court decides whether to give “final approval” to the settlement. This notice explains the legal rights and options that you may exercise before the Court decides whether to approve the settlement.
Judge John A. Ross of the United States District Court for the Eastern District of Missouri is overseeing this case known as Mackey v. Belden, Inc., Case No. 4:21-cv-00149 (the “lawsuit”). There is also a related case in the United States District Court for the Eastern District of Missouri known as Edke v. Belden Inc., Case No. 4:21-cv-00955. The people who sued are called the Plaintiffs. Belden is called the Defendant.
Top - What is the lawsuit about?
The lawsuit claims that Belden was responsible for the Cyberattack and asserts claims including: negligence, breach of implied contract, breach of confidence, invasion of privacy, breach of fiduciary duty, breach of the covenant of good faith and fair dealing, declaratory judgment, and violation of the Indiana Deceptive Consumer Sales Act. Belden denies these claims and says it did not do anything wrong.
Top - Why is this lawsuit a class action?
In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class and the individuals are called class members. One court resolves the issues for all class members, except for those who exclude themselves from the class. Here, the Representative Plaintiffs—Kia Mackey and Anand Edke—sued on behalf of a class of all individuals residing in the United States to whom Belden or its authorized representative sent a notice concerning the Cyberattack.
Top - Why is there a settlement?
The Court did not issue a ruling in favor of the Plaintiffs or Belden. Rather, both sides, with the assistance of a mediator, agreed to a settlement. The settlement is not an admission that Belden did something wrong, but rather is a compromise to end the lawsuit. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Representative Plaintiffs and their attorneys believe the settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class.
Top - How do I know if I am included in the settlement?
You are included in the settlement if you reside in the United States and you received a notice from Belden concerning the Cyberattack.
Top - What if I am not sure whether I am included in the settlement?
If you are not sure whether you are included in the settlement, you may call 1- 866-755-1865 with questions.
Top - What does the settlement provide?
The settlement provides cash payments and complimentary credit monitoring and identity theft protection to people who submit valid claims.
Reimbursements are available for documented unreimbursed out-of-pocket losses that are fairly traceable to the Cyberattack; unreimbursed fees for credit reports, credit monitoring, and identity theft protection services you purchased from November 24, 2020 to October 26, 2022 ; and reimbursement for time spent responding to the Cyberattack. The total amount that any Settlement Class Member may receive in reimbursement for these three types of payments is $5,000. If the aggregate amount for all Approved Claims made under Paragraph 2.1 of the Settlement Agreement plus the Costs of Settlement Administration exceeds $865,000, the amount paid for Approved Claims will be reduced on a pro rata basis. In order to receive payment, you must submit a Claim Form with the required documentation and attest under penalty of perjury that any cash compensation you are claiming is based on losses or expenses you reasonably believe, to the best of your knowledge, were incurred as a result of the Cyberattack.
In addition, you may claim complimentary identity protection and credit monitoring services for a period of forty-two (42) months. If you already have obtained monitoring and protection services offered through Belden as a result of the Cyberattack, you will receive an additional forty-two (42) months of monitoring and protection services from the expiration date of the monitoring and protection services already received.
You may submit a claim for all benefits for which you qualify. The requirements to qualify for the various benefits are set forth here (see Questions 8, 9, and 10), as well as in the Settlement Agreement and Claim Form.
Top - What payments are available for Reimbursement of Documented Out-of-Pocket Losses?
Settlement Class Members are eligible to receive reimbursement for unreimbursed out-of-pocket expenses incurred as a direct result of the Cyberattack, including:
- Unreimbursed out-of-pocket losses resulting from fraud or misuse of Settlement Class Members’ Personal Information;
- Bank fees;
- Long distance phone charges;
- Cellular telephone call charges (only if charged by the minute);
- Data charges (only if charged based on the amount of data used);
- Postage; or
- Gasoline for local travel.
To be eligible for reimbursement for documented out-of-pocket losses, the losses must be fairly traceable to the Cyberattack and must not have been previously reimbursed by a third-party. You are required to provide third-party documentation substantiating the full extent of the amount of loss or out-of-pocket expenses claimed. You must also reasonably describe how each of the charges for which you are providing documentation is fairly traceable to the Cyberattack. Examples of required third-party documentation and other required information are provided on the Claim Form.
Top - What payments are available for Unreimbursed Fees Incurred for Credit Monitoring?
Settlement Class Members are eligible to receive reimbursement for unreimbursed fees incurred for credit reports, credit monitoring services, or other identity theft insurance products purchased from November 24, 2020 to October 26, 2022 as a result of the Cyberattack.
To be eligible for reimbursement, you are required to provide third-party documentation substantiating the full extent of the amount of unreimbursed fees you incurred. Examples of required third-party documentation and other required information are provided on the Claim Form.
Top - What payments are available for time spent?
Settlement Class Members who spent time and effort dealing with repercussions of the Cyberattack are eligible to submit a Claim Form for time spent in an amount of $21.37 per hour up to five (5) hours. The time for which you claim compensation must be fairly traceable to the Cyberattack and reasonably described.
Top - How do I get a payment?
To receive a payment, you must complete and submit a Claim Form with the required documentation. Claim Forms are available at www.BeldenDataBreachSettlement.com or by calling 1-866-755-1865. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it online or mail it postmarked no later than February 8, 2023 to:
Belden Cyberattack Settlement Administrator
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P.O. Box 8060
San Rafael, CA 94912-8060 - How will claims be decided?
The Settlement Administrator will initially 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.
Belden’s payments under the settlement for (1) Approved Claims and (2) Costs of Settlement Administration are capped at $865,000. If the total amount of Approved Claims added to the Costs of Settlement Administration exceeds the $865,000 cap, the aggregate amount for Approved Claims shall be reduced on a pro rata basis such that the total aggregate amount of Approved Claims and Costs of Settlement Administration does not exceed the Aggregate Cap of $865,000. Belden’s payment obligations under the settlement are to pay the actual Approved Claims and Costs of Settlement Administration up to the cap of $865,000.
Top - When will I get my payment?
The Court will hold a hearing on April 19, 2023, at 10:00 a.m. to decide whether to approve the settlement. If the Court approves the settlement after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.
Top - What am I giving up as part of the settlement?
If the settlement becomes final and you do not exclude yourself from the settlement, you will remain a Settlement Class Member and you will give up your right to sue Belden and Released Persons for any Released Claims arising out of or relating to the Cyberattack. The specific claims being released are described below and in the “Release” section (Section VIII) of the Settlement Agreement. Capitalized terms in the Release below are defined in the Settlement Agreement. If you have any questions, you can talk to the law firms listed in Question 20 for free or you can, of course, talk to your own lawyer.
Plaintiffs’ Release
Upon the Effective Date, each Settlement Class Member, including Representative Plaintiffs, shall be deemed to have, and by operation of the Final Approval Order shall have, completely, fully, finally, irrevocably, and forever released, relinquished, and forever discharged all Released Claims. Further, upon the Effective Date, and to the fullest extent permitted by law, each Settlement Class Member, including Representative Plaintiffs, shall, either directly, indirectly, representatively, as a member of or on behalf of the general public or in any capacity, be permanently barred and enjoined from commencing, prosecuting, or participating in any recovery in any action in this or any other forum in which any of the Released Claims are asserted.
Top - If I exclude myself, can I get a payment from this settlement?
No. If you exclude yourself, you will not be entitled to any money from the settlement, but you will not be bound by any judgment in this case.
If you do not want to be part of this settlement, but you want to keep the right to sue Belden about the legal issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself from-or is sometimes referred to as “opting out” of-the Settlement Class.
Top - If I do not exclude myself, can I sue Belden for the same thing later?
No. Unless you exclude yourself, you give up any right to sue Belden (and the Released Persons) for the claims that this settlement resolves. You must exclude yourself from the Settlement Class 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 a payment.
If you are requesting exclusion because you want to bring your own lawsuit based on the matters alleged in this class action, you may want to consult an attorney and discuss whether any individual claim that you may wish to pursue would be time-barred by the applicable statutes of limitations or repose.
Top - How do I exclude myself from the settlement?
To exclude yourself, send a letter that clearly manifests your intent to be excluded from the settlement in Mackey v. Belden, Inc., Case No. 4:21-cv-00149. You must include the case name and number; your name and address; a statement that you want to be excluded from the Settlement Agreement; and your signature. You must mail your exclusion request postmarked by January 24, 2023 to:
Belden Cyberattack Settlement Administrator
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P.O. Box 8060
San Rafael, CA 94912-8060 - How do I tell the Court that I do not like the settlement?
You can tell the Court that you do not agree with the settlement or some part of it by objecting to the settlement. The Court will consider your views in its decision to approve the settlement. To object, you must file a written objection in this case, Mackey v. Belden, Inc., Case No. 4:21-cv-00149, with the Clerk of the Court, and mail copies to Class Counsel and Defense Counsel at the addresses below.
Your objection must include: (i) your full name, address, telephone number, and e-mail address (if any); (ii) information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., copy of the Short Notice, copy of original notice of the Cyberattack); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe applicable; (iv) the identity of all counsel representing you, if any; (v) the identity of all counsel representing you who will appear at the Final Fairness Hearing, if any; (vi) a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; (vii) a statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing; (viii) your signature and the signature of your duly-authorized attorney or other duly-authorized representative (along with documentation setting forth such representation), if any; (ix) a list, by case name, court, and docket number, of all other cases in which you (directly or through counsel) have filed an objection to any proposed class action settlement within the last 3 years; (x) a list, by case name, court, and docket number, of all other cases in which your counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last 3 years; and (xi) a list, by case name, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.
To be considered, your objection must be filed with the Clerk of the Court for the United States District Court for the Eastern District of Missouri no later than January 24, 2023. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel, postmarked no later than January 24, 2023:
COURT
Clerk of the Court
United States District Court
Thomas F. Eagleton Courthouse
111 South 10th Street
Suite 3.300
St. Louis, MO 63102CLASS COUNSEL
William B, Federman
Federman & Sherwood
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120M. Anderson Berry
Clayeo C. Arnold,
A Professional Law Corp.
865 Howe Avenue
Sacramento, CA 95825DEFENSE COUNSEL
Kristine M. Brown
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Gavin Reinke
Alston & Bird LLP
1201 West Peachtree Street
Suite 4900
Atlanta, GA 30309 - What is the difference between objecting and asking to be excluded?
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 member of the Settlement Class. 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 member of the Settlement Class and the case no longer affects you.
Top - Do I have a lawyer in this case?
Yes. The Court appointed William B. Federman of Federman & Sherwood and M. Anderson Berry of Clayeo C. Arnold, A Professional Law Corp. as Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees and litigation costs and expenses not to exceed $425,000. Any award for attorneys’ fees and litigation costs and expenses 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 and for their risk in undertaking this representation on a wholly contingent basis.
Class Counsel will also ask the Court for a service award of up to $3,500 each for the Representative Plaintiffs, Kia Mackey and Anand Edke.
Any award for attorneys’ fees, costs and expenses for Class Counsel and service awards to the Representative Plaintiffs must be approved by the Court. The Court may award less than the amounts requested.
Top - When and where will the Court decide whether to approve the settlement?
The Court will hold a Final Fairness Hearing at 10:00 a.m. on April 19, 2023, at the Thomas F. Eagleton United States Courthouse, 111 South 10th Street, St. Louis, MO 63102. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely 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 an award of attorneys’ fees and litigation costs and expenses, as well as the request for service awards for the Representative Plaintiffs. 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 it is a good idea to visit the website or call 1-866-755-1865.
Top - Do I have to attend the hearing?
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 come to 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 18, the Court will consider it.
Top - May I speak at the hearing?
You may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must file an objection according to the instructions in Question 18, including all the information required. Your objection must be filed with the Clerk of the Court for the United States District Court for the Eastern District of Missouri no later than January 24, 2023. In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel listed in Question 18, postmarked no later than January 24, 2023.
Top - What happens if I do nothing?
If you do nothing, you will not get any money from this settlement and, after 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 Belden and the other Released Persons about the Cyberattack, ever again.
Top - How do I get more information?
This notice summarizes the proposed settlement. More details are available in the Settlement Agreement. A copy of the Settlement Agreement is available in the Case Documents tab on this website. You may also call the Settlement Administrator with questions or to get a Claim Form at 1-866-755-1865.
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