Wall v. Wescom Central Credit Union, et al

 Wall v. Wescom Central Credit Union, et al

(Barracuda Networks Data Settlement)

What is thiS Lawsuit about?

A proposed Settlement has been reached with Barracuda Networks, Inc. (“Defendant”) arising out of a security incident. In October 2022, Class Members’ private information was potentially accessible by an unauthorized third-party who gained access to an email secure gateway (“ESG”) that Defendant provided to Wescom Central Credit Union (“Wescom”) (the “Incident”). The parties to the proposed Settlement have agreed to a Settlement of the lawsuit captioned as Wall v. Wescom Central Credit Union, et al., Case No. 5:23-cv-02293-CAS-SHK, which arises from the Incident (the “Lawsuit”). The Lawsuit alleges that the Incident potentially impacted Private Information of Plaintiff and the members of the Settlement Class. The Settlement is without any admission of liability or responsibility by any party and is solely to avoid the uncertainties and expenses associated with continuing the Lawsuit.

Who is in the Settlement Class?

The Settlement Class Members include all individuals who were sent a notice of data breach letter by Wescom concerning the Incident discovered on or around May 30, 2023.

What does the Settlement Provide?

The Settlement will provide Class Members with the opportunity to submit claims for (1) Documented Ordinary Losses; (2) Lost Time; (3) Documented Extraordinary Losses; and (4) Credit Monitoring as follows:

a) Documented Ordinary Losses: The Settlement Administrator will provide compensation, up to a total of $500.00 per person who is a member of the Settlement Class, upon submission of an approved Claim Form and supporting documentation, for out-of-pocket monetary losses incurred as a result of the Incident, including, without limitation, unreimbursed losses relating to unreimbursed bank fees, long distance phone charges, cell phone 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; fees for credit reports, credit monitoring, or any other insurance product purchased between October 2022 and the date of the Claims Deadline.

b) Lost Time: All Settlement Class Members are eligible to make a claim for compensation of up to 3 hours of lost time (at $20 per hour) spent dealing with the Incident, provided that the Settlement Class Member submits an attestation in the Claim Form affirming that the time was spent dealing with issues relating to the Incident.

c) Documented Extraordinary Losses: Settlement Class Members will be eligible for compensation up to $1,500 for proven Extraordinary Losses provided that (1) the loss is an actual, documented, and unreimbursed loss; (2) the loss was more likely than not caused by the Incident; (3) the loss occurred during the specified period; and (4) the loss is not already covered by one or more of the other categories of settlement benefits, and the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

d) Credit Monitoring: In addition to the benefits outlined above, all Settlement Class Members shall be automatically offered a 1-year membership of 3B credit monitoring with at least $1 million in fraud protection through CyEx. “Automatic” shall be understood to mean that the codes for the services will be sent with the Notice, and Settlement Class Members will not be required to file a formal claim to obtain this benefit, but rather will merely need to enroll and activate the service after the Effective Date.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Action Summary of Legal Rights
SUBMIT A CLAIM FORM This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form is January 27, 2026.
EXCLUDE YOURSELF FROM THE SETTLEMENT You will receive no payment, but you will retain any rights you currently have with respect to Defendant and the issues in this case. The deadline to exclude yourself from the Settlement is January 27, 2026.
OBJECT TO THE SETTLEMENT Write to the Claims Administrator explaining why you do not agree with the Settlement. The deadline to object is January 27, 2026.
ATTEND THE FINAL FAIRNESS HEARING You or your attorney may attend and speak about your objection at the Final Fairness Hearing. The Final Fairness Hearing will be held on February 2, 2026.
DO NOTHING You will not get any benefits from the Settlement, and you will give up certain legal rights. You will remain in the Settlement Class and be subject to the Release.

These rights and options, and the deadlines to exercise them, are explained in the Notice. For complete details, please see the Settlement Agreement, available on the Court Documents Page of this website.