Frequently Asked Questions

A class action is a lawsuit in which one or more representative plaintiffs (in this case, Plaintiffs) bring a lawsuit on behalf of themselves and other similarly situated persons (i.e., a class) who have similar claims against the defendant. The representative plaintiffs, the court, and counsel appointed to represent the class all have a responsibility to make sure that the interests of all class members are adequately represented.

Importantly, class members are NOT individually responsible for payment of attorneys’ fees or litigation expenses. In a class action, attorneys’ fees and litigation expenses are paid from the court-awarded judgment amount or, as in this case, from the settlement fund, and such payment must be approved by the Court. If there is no recovery on behalf of the class, the attorneys do not get paid.

When a representative plaintiff enters into a settlement with a defendant on behalf of a class, such as in this Settlement with NCB, the court will require that the members of the class be given notice of the settlement and an opportunity to be heard with respect to the settlement. The court then conducts a hearing (called a Fairness Hearing) to determine, among other things, if the settlement is fair, reasonable, and adequate.
 

The Notice was posted to the Settlement Website or otherwise distributed to you to advise potential Settlement Class Members of the proposed Settlement. As a potential Settlement Class Member, you have a right to know about the proposed Settlement with NCB before the Court decides whether to approve the Settlement.

This Website explains the Action, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how you can apply to receive your portion of the benefits if you are eligible. The purpose of this Notice is also to inform you of the Fairness Hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the Settlement, and to consider requests for awards of attorneys’ fees and expenses, and any Service Award for Plaintiffs.

The Notice incorporates by reference the definitions in the Stipulation and Agreement of Class Action Settlement with NCB (the “Settlement Agreement”). 

The Settlement Agreement and the Court’s Preliminary Approval Order are posted on the Documents page of this Settlement Website. All capitalized terms used in the Notice, but not otherwise defined, shall have the same meanings as in the Settlement Agreement and the Court’s Preliminary Approval Order.

Plaintiffs brought this Action against NCB, a national debt buyer, debt collector, and provider of Accounts Receivable Management and Call Center Management solutions for financial services companies, banks, and lenders such as Bank of America and Pathward. This Action arises out of the Data Breach, which Plaintiffs allege caused Settlement Class Members’ Personal Information to be accessed, stolen, or compromised as a result of the unauthorized third-party access to NCB’s systems identified on or around February 4, 2023. 

The Consolidated Complaint alleged that NCB was responsible for the Data Breach, and asserted legal claims for negligence, negligence per se, breach of implied contract, unjust enrichment, violations of state consumer protection and data privacy statutes and the Driver’s Privacy Protection Act, declaratory and injunctive relief, and breach of contract. The lawsuit seeks compensation for people whose information was exposed in the Data Breach.

NCB disputes Plaintiffs’ allegations and denies, among other things, that it failed to properly protect any personal data, had inadequate data security, or that it violated any state or federal laws. Nevertheless, to avoid the uncertainty and risk of further litigation and the duration, expense, difficulties, and delays inherent in such litigation, NCB has agreed to settle the claims in this lawsuit, and to pay a total of $2,625,000 to eligible Settlement Class Members (the “Settlement Amount”). 

If the Settlement is approved, each Settlement Class Member that has not timely filed a written request for exclusion and submits a timely and valid Settlement Claim Form will be entitled to a Settlement Benefit from the Net Settlement Fund and may elect to receive either a Cash Payment for Out-of-Pocket Losses, Lost Time or an Alternative Cash Payment.

If the Settlement is approved, the Action will be resolved against NCB. If the Settlement is not approved, the Action will continue, and Plaintiffs will continue to pursue their claims against NCB.

On February 4, 2023, NCB discovered that an unauthorized third-party gained access to NCB’s computer systems on February 1, 2023, and allegedly stole files containing Personal Information. The Data Breach may have included the Personal Information of up to approximately 1,631,422 individuals. NCB launched an investigation, and on or around February 18, 2023, NCB received confirmation and physical evidence from the threat actor that the data allegedly taken was destroyed. NCB and Bank of America sent a letter to impacted individuals advising of the Data Breach.

On March 30, 2023, Plaintiff Joseph Lindquist filed the class action complaint against NCB in the U.S. District Court for the Eastern District of Pennsylvania, asserting claims arising out of the Data Breach. See Lindquist v. NCB Management Services, Inc., Case No. 2:23-cv-01236 (E.D. Pa.). In total, eight (8) putative class actions against NCB and Bank of America were filed related to the Data Breach. On April 13, 2023, Plaintiffs moved to consolidate all of the then pending related actions in the U.S. District Court for the Eastern District of Pennsylvania against NCB and Bank of America, and to appoint Interim Co-Lead Class Counsel, Liaison Counsel, and a Plaintiffs’ Steering Committee. On June 5, 2023, the Court consolidated the eight (8) putative class actions against NCB and Bank of America as In re NCB Management Services, Inc. Data Breach Litigation, Case No. 2:23-cv-01236-KNS (E.D. Pa.).

On July 20, 2023, Plaintiffs filed their Consolidated Complaint against Defendants NCB, Bank of America, and Pathward. Defendants NCB, Bank of America, and Pathward moved to dismiss Plaintiffs’ Consolidated Complaint on October 3, 2023. The motion to dismiss was fully briefed by December 11, 2023. On August 28, 2024, Plaintiffs voluntarily dismissed their claims with prejudice against Bank of America and Pathward. On September 11, 2024, the Court granted NCB’s partial motion to dismiss. Since NCB had not moved to dismiss Plaintiffs’ claims for negligence and for declaratory and injunctive relief, these causes of action remained in the case following the Court’s decision on NCB’s motion to dismiss.

Plaintiffs and NCB participated in a hard-fought mediation on December 18, 2024, with mediator Bennett G. Picker of Stradley Ronon Stevens & Young, LLP and reached an agreement in principle to settle the Action. During the next several weeks, the Parties negotiated the details of the Settlement, and the Parties executed the Settlement Agreement on April 10, 2025.
 

Plaintiffs and Class Counsel believe that Settlement Class Members may have been injured by NCB’s conduct. NCB denies all material allegations of the Consolidated Complaint, including that it failed to properly protect any personal data, had inadequate data security, that it violated any state or federal laws, or that any individuals were harmed.

The Court has not decided the Action in favor of either Plaintiffs or NCB. Instead, Class Counsel and NCB mediated their dispute and reached a negotiated resolution of the Action. The Settlement allows both sides to avoid the risks and costs of lengthy litigation and the uncertainty of pre-trial proceedings, a trial, and appeals, and, if approved, will permit eligible Settlement Class Members to receive some compensation, rather than risk ultimately receiving nothing. Plaintiffs and Class Counsel believe the Settlement is in the best interest of all Settlement Class Members.

NCB has agreed to pay a total of $2,625,000 in cash for the benefit of the proposed Settlement Class. If the Settlement is approved, each Settlement Class Member that does not opt out of the Settlement and files a timely and valid Settlement Claim Form is eligible to receive either a Cash Payment for Out-of-Pocket Losses or an Alternative Cash Payment.

If the Settlement is approved, the Action will be resolved against NCB and all claims against NCB and the Released Parties will be released. If the Settlement is not approved, NCB will remain as a defendant in the Action, and Plaintiffs will continue to pursue their claims against NCB.
 

The Court has decided that everyone who fits the following description is a Settlement Class Member. In the Preliminary Approval Order, the Court preliminarily approved the following Settlement Class: 

All Persons in the United States whose Personal Information was compromised in the Data Breach disclosed by NCB on or about March 24, 2023, including all who were sent notice of the Data Breach. 

Not everyone who fits this description will be a Settlement Class Member. Please see FAQ 8 for who is excluded from the Settlement Class.

Yes. Excluded from the Settlement Class are: (i) NCB, Bank of America, and Pathward, or any entity in which they have a controlling interest, and any of their officers, directors, legal representatives, successors, subsidiaries, and assigns; (ii) any Settlement Class Member that timely and validly excludes themselves from the Settlement; and (iii) any judge, justice, or judicial officer presiding over the Action and the members of their immediate families and judicial staff.

If you are still not sure whether you are included, you can ask for free help. You can call toll-free (833) 421-6696 or visit this FAQ page of this Settlement Website for more information.

NCB has agreed to pay $2,625,000 in cash for the benefit of the proposed Settlement Class. If the Settlement is approved, each Settlement Class Member that does not opt out of the Settlement and submits a timely and valid Settlement Claim Form will be provided an opportunity to claim for one of the following two (2) categories of Settlement Benefits:

(A) Cash Payment for Out-of-Pocket Losses & Lost Time—Settling Class Members that provide documented evidence for reimbursement of Out-of-Pocket Losses directly attributable to the Data Breach may be reimbursed up to a total of $2,500. Settling Class Members must include: (i) documentation supporting their loss; and (ii) a brief description of the documentation describing the nature of their loss, if the nature of the loss is not apparent from the documentation alone. Documentation can include receipts or other documentation not “self-prepared” by the Settling Class Member that document the costs incurred. As part of the Out-of-Pocket Losses, Settling Class Members may also submit a claim for reimbursement of time spent remedying losses attributable to the Data Breach, up to four (4) hours at thirty dollars ($30) per hour and for any mitigation measures undertaken after March 24, 2023, such as purchasing credit monitoring services, fraud resolution services, and professional services incurred to address identity theft or fraud.

OR

(B) Alternative Cash Payment—Settling Class Members may receive a flat, pro rata share from the Alternative Cash Payment Fund. No Documentation is required. The amounts of these payments are unknown at this time but will be calculated based upon how many Settlement Class Members submit valid and Approved Claims for Alternative Cash Payments. Further, Approved Claims for Cash Payment for Out-of-Pocket Losses that are less than the Alternative Cash Payment will be converted to Approved Claims for Alternative Cash Payment.

You may only select one of the above options, which are explained in more detail in Section 7 of the Settlement Agreement, available on the Documents page of this Settlement Website.
 

If you are a Settling Class Member you must claim your Settlement Benefits by filing a Settlement Claim Form. If you file a Settlement Claim Form online on this Settlement Website, you may choose on the Settlement Claim Form to receive your Settlement Benefits either via check or via an electronic payment. If you file a paper Settlement Claim Form by mail, you will receive your Settlement Benefit via check. Settlement Claim Forms must be submitted either online at this Settlement Website on or before 11:59 p.m. Eastern Time on August 26, 2025 OR postmarked on or before August 26, 2025 and mailed to the Claims Administrator at the following address: 

In re: NCB Management Services, Inc. Data Breach Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

If you submit your Settlement Claim Form online and provide your email address, following the timely submission and receipt of your Settlement Claim Form, in which the Claims Administrator will send you a “Confirmation of Claim Receipt,” which will acknowledge receipt of your Claim. 

At this time, it is not known precisely how much each Authorized Claimant will receive from the Net Settlement Fund. This will depend on (1) what category of Settlement Benefits you select and (2) how many Settlement Class Members ultimately file claims. The Settlement Class is estimated to be approximately 1,631,422 individuals. The Settlement Fund shall be used to pay in the following order: (i) Taxes; (ii) Claims Administration Costs; (iii) attorneys’ fee and expenses approved by the Court; (iv) Service Awards approved by the Court; (v) Approved Claims for Cash Payments for Out-of-Pocket Losses & Lost Time; (vi) and Approved Claims for the Alternative Cash Payments.

The Court will hold the Fairness Hearing on September 29, 2025 at 10a.m. ET to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals after that. It can sometimes take a year or more for the appellate process to conclude. 

Please be patient; status updates will be posted on this Settlement Website.
 

After you file a Settlement Claim Form, the Claims Administrator will evaluate your Settlement Claim Form to determine if you have provided sufficient information to validate your membership in the Settlement Class. If the Claims Administrator determines that your Settlement Claim Form is deficient or defective, it may contact you. If you subsequently provide information that satisfies the Claims Administrator concerning the validity of your Settlement Claim Form, you will not have to do anything else. 

Unless you exclude yourself, you remain a Settlement Class Member. That means you cannot sue, continue to sue, or be part of any other lawsuit about the Released Claims in this Action against NCB and the Released Parties. Once the Settlement receives Final Approval from the Court, the Releasing Parties will finally and forever release and discharge from and covenant not to sue the Released Parties for the Released Claims. 

The capitalized terms used in this paragraph are defined in the Settlement Agreement, Preliminary Approval Order, or the FAQs on this Settlement Website. For easy reference, definitions of certain terms are copied below:

• “Released Parties” means NCB, Bank of America, Pathward, and all other entities which provided Personal Information to NCB that was compromised in the Data Breach, their respective predecessors, successors, and assigns, their direct and indirect parents, subsidiaries, affiliates, and joint ventures, and each of their respective current and former officers, directors, employees, managers, members, partners, agents, shareholders, attorneys, insurers, reinsurers, or legal representatives, and the predecessors, successors, heirs, executors, administrators, and assigns of each of the foregoing. As used in this provision, “affiliates” means entities controlling, controlled by, or under common control with a Released Party.
   
• “Releasing Parties” means each and every Plaintiff and each and every Settling Class Member on their own behalf or on behalf of their respective predecessors, successors and assigns.
   
• “Released Claims” means any and all manner of claims, including unknown claims, causes of action, cross-claims, counter-claims, charges, liabilities, demands, judgments, suits, obligations, debts, setoffs, rights of recovery, or liabilities for any obligations of any kind whatsoever (however denominated), whether class, derivative, or individual, in law or equity or arising under constitution, statute, regulation, ordinance, contract, common law or otherwise in nature, for fees, costs, penalties, fines, debts, expenses, attorneys’ fees, interest, and damages, whenever incurred, for restitution or any other payment of money, and for liabilities of any nature whatsoever (including joint and several), known or unknown, suspected or unsuspected, asserted or unasserted, in any jurisdiction that Releasing Parties or any of them ever had, now has, or hereafter can, shall or may have, representatively, derivatively or in any other capacity, against the Released Parties arising from or relating in any way to the Data Breach and the conduct alleged in the Action, or which could have been alleged in the Action against the Released Parties.

You are automatically a member of the Settlement Class if you fit the Settlement Class description. However, if you do not submit a timely and valid Settlement Claim Form, you will not receive any payment from the Settlement. You will be bound by past and any future Court rulings, including rulings on the Settlement and release. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be a part of any other lawsuit against NCB or any of the other Released Parties on the basis of the Released Claims. Please see FAQ 15 for a description of the Released Claims.

If you are a Settlement Class Member, do not want to remain in the Settlement Class, and do not want a payment from the Settlement, then you must take steps to exclude yourself from the Settlement. This is also sometimes referred to as “opting out” of a class. See FAQ 18.

If you act to exclude yourself from the Settlement Class of which you would otherwise be a member, you will be free to sue NCB or any of the other Released Parties on your own for the claims being resolved by this Settlement. However, you will not receive any money from the Settlement, and Class Counsel will no longer represent you with respect to any claims against NCB.

If you want to receive money from the Settlement, do not exclude yourself. You should file a Settlement Claim Form to receive a payment from the Settlement.

You can exclude yourself by sending a written Request for Exclusion to the Claims Administrator by U.S. Mail or other delivery service (i.e., FedEx or UPS). You cannot exclude yourself by telephone or on the Settlement Website. Your written Request for Exclusion must be received by Claims Administrator at the below address no later than August 26, 2025:

In re: NCB Management Services, Inc. Data Breach Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Your written Request for Exclusion must (a) identify the case name of the Action; (b) identify your full name and address, and, if represented by counsel, the name and address of your counsel; (c) include the Class Member ID code and other information included on the Short Form Notice provided by the Claims Administrator to you; (d) be personally signed by you, and, if represented by counsel, also be signed by your counsel; (e) include a statement clearly indicating your intent to be excluded from the Settlement; and (f) request exclusion only for you as the Person whose personal signature appears on the request.

A Request for Exclusion that does not include all of the information above, that seeks exclusion on behalf of more than one individual (i.e., mass opt-outs), that is sent to an address other than the one designated above, or that is not sent within the time specified shall be invalid. Any Person(s) filing such an invalid request shall be a Settlement Class Member and shall be bound by the Settlement, if approved.

All Persons who submit valid and timely Requests for Exclusion in the manner set forth above shall have no rights under the Settlement, shall not share in the distribution of the Net Settlement Fund, and shall not be bound by the Settlement. In addition, such Persons will not be entitled to object to the Settlement or appear at the Fairness Hearing.
 

No. Unless you exclude yourself from this Settlement, you give up any right to sue NCB or any of the Released Parties for the Released Claims that the Settlement resolves.

No. You will not get any money from the Settlement if you exclude yourself.

No. If you exclude yourself, you are no longer a Settlement Class Member and may not object to any aspect of the Settlement.

If you are a Settlement Class Member and you do not exclude yourself, you can tell the Court what you think about the Settlement by filing an objection. You can object to any part or all of the Settlement, the Fee and Expense Application for attorneys’ fees and expenses, and/or the motion for any Service Award for Plaintiffs. You can give reasons why you think the Court should approve them or not. The Court will consider your views. If you want to make an objection, you may enter an appearance in the Action, at your own expense, individually or through counsel of your own choice, by electronically filing with or otherwise delivering to the Clerk of the U.S. District Court for the Eastern District of Pennsylvania a notice of appearance and your objection, and serving copies of your objection concurrently by mail, hand, or overnight delivery service to Class Counsel and NCB’s Counsel by August 26, 2025 at the following physical addresses:
 

Any Settlement Class Member who does not enter an appearance will be represented by Class Counsel.

If you choose to object, you must submit a written objection to the Court. You cannot make an objection by telephone or email. Your written objection must include (a) the case name and number of the Action; (b) your full name, address, and telephone number and, if represented by counsel, the name, address, and telephone number of your counsel; (c) the Class Member  ID code and other information on the Long Form Notice or Short Form Notice provided by the Claims Administrator that identifies you as a Settlement Class Member; (d) a statement of whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class; (e) a statement of the number of times in which you (and, where applicable, objector’s counsel) have objected to a class action settlement within the three years preceding the date that you file the objection, along with the caption of each case in which you (or your counsel) have made such objection; (f) a statement of the specific grounds for the objection; and (g) a statement of whether you intend to appear at the Fairness Hearing, and if so, whether personally or through counsel.

If you object and intend to speak at the Fairness Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence you may offer at the Fairness Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Fairness Hearing.

If you do not timely and validly submit your objection as described above, your views will not be considered by the Court or any court on appeal. Check this Settlement Website for updates on important dates and deadlines relating to the Settlement.
 

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you remain a Settlement Class Member and do not exclude yourself from the Settlement. Objecting will not prevent you from receiving a payment from the Net Settlement Fund if you submit a valid Settlement Claim Form on or before August 26, 2025. Excluding yourself from the Settlement is telling the Court that you do not want to be a part of the Settlement Class. If you exclude yourself, you have no right to object to the Settlement because it no longer affects you.

The Court has appointed the lawyers listed below as Class Counsel to represent you and the Settlement Class in this Action:

These lawyers are called Class Counsel. Class Counsel may apply to the Court for payment of attorneys’ fees and expenses that will be paid from the Settlement Fund. You will not otherwise be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.

To date, Class Counsel have not been paid any attorneys’ fees or reimbursed for any out-of-pocket expenses incurred during the litigation of this Action. Any attorneys’ fees and expenses will be awarded only as approved by the Court in amounts determined to be fair and reasonable. The Settlement Agreement provides that Class Counsel may apply to the Court for an award of attorneys’ fees and litigation expenses paid from the Settlement Fund. Prior to the Fairness Hearing, Class Counsel will move for an attorneys’ fee award not to exceed one-third of the Settlement Fund ($875,000) and as well as reasonable litigation expenses of no more than $50,000. Plaintiffs may also seek a Service Award to be paid from the Settlement Fund not to exceed $2,000 per Plaintiff, for a total of $36,000.

This is only a summary of the request for attorneys’ fees and expenses. Any motions in support of the requests will be available for viewing on the Documents page of this Settlement Website after they are filed by August 12, 2025. If you wish to review the motion papers, you may do so by viewing them on the Documents page of this Settlement Website.

The Court will consider the motion for attorneys’ fees and expenses at or after the Fairness Hearing.
 

The Court will hold the Fairness Hearing on September 29, 2025, at 10:00 a.m. ET at the U.S. District Court for the Eastern District of Pennsylvania in Courtroom 13-B, located at the James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106. The Fairness Hearing may be moved to a different location, date, or time without notice to you. The Fairness Hearing may be conducted remotely. Although you do not need to attend, if you plan to do so, you should check this Settlement Website before making travel plans.

At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider whether to approve the requests for attorneys’ fees and expenses, and any Service Awards for Plaintiffs. If there are any objections, the Court will consider them at this time. We do not know how long the Fairness Hearing will take or when the Court will make its decision. The Court’s decision may be appealed.

No. Class Counsel will answer any questions the Court may have. You are, however, welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you file and serve your written objection on time, the Court will consider it. You may also hire your own lawyer to attend, but you are not required to do so.

You may ask the Court for permission to speak at the Fairness Hearing. If you want to appear at the Fairness Hearing, you may enter an appearance in the Action at your own expense, individually, or through counsel your own choice, by filing with the Clerk of Court a notice of appearance and your objection, and serving copies of your objection on Class Counsel and NCB’s Counsel at the addresses set forth in FAQ 22, such that they are received no later than August 26, 2025, or as the Court may otherwise direct. Any Settlement Class Member who does not enter an appearance will be represented by Class Counsel. You cannot request to speak at the Fairness Hearing by telephone or e-mail. 

The Court has appointed Kroll Settlement Administration LLC as the Claims Administrator. Among other things, the Claims Administrator is responsible for providing Notice of the Settlement and processing Settlement Claim Forms.

This Settlement Website summarizes the Settlement Agreement. More details are in the Settlement Agreement, which is available for your review on the Documents page of this Settlement Website. This Settlement Website also has answers to common questions about the Settlement, Settlement Claim Form, and other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment. You may also call toll-free (833) 421-6696 or write to the Claims Administrator at:

In re: NCB Management Services, Inc. Data Breach Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

If the Notice reached you at an address other than the one on the mailing label, or if your address changes, please enter your current information online via the Contact Us link on this Settlement Website, including a current and valid email or send it to the Claims Administrator at the address above in the event the Claims Administrator needs to contact you. 

****Please do not contact the Court or the Clerk’s Office regarding this Notice or for additional information. ****