ArbiterSports Data Breach Class Action

The plaintiffs alleged ArbiterSports’ network was accessed by cybercriminals in July 2020, potentially obtaining users’ names, passwords, Social Security numbers, and other personal information.

The Class includes about 539,199 individuals to whom ArbiterSports sent a mailed or emailed notification on or around Aug. 24, 2020, that their personal information may have been exposed to unauthorized third parties as a result of the ArbiterSports data breach.

The Court granted preliminary approval in this settlement July 19, 2021.

Class Members who submit a timely, valid claim in the ArbiterSports class action settlement are eligible for compensation of 100 percent of their documented out-of-pocket expenses — up to a cap of $350 — incurred between July 8, 2020, and Nov. 19, 2021, as a result of the data breach.

These documented expenses include:

• Long-distance telephone charges
• Cellphone minutes (if charged by minute), internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the data breach), and text messages (if charged by the message and incurred solely as a result of the breach)
• Postage
• Documented expenses such as notary, fax, postage, copying, and mileage
• Documented costs associated with credit freezes and credit monitoring services active between July 8, 2020, and Nov. 19, 2021
• Reimbursement of ArbiterSports’ fees incurred by Class Members for the issuance of paper checks between July 8, 2020, and Nov. 19, 2021
• Documented professional fees and other costs incurred to address identity theft or fraud, such as falsified tax returns or new account fraud
• Other documented unreimbursed losses, fees, or charges incurred as a result of identity fraud or theft, including but not limited to unreimbursed bank, card re-issuance, or overdraft fees; unreimbursed charges related to the unavailability of funds; unreimbursed late and over-limit fees; unreimbursed charges from banks or credit card companies; and interest on payday loans due to card cancellation or over-limit situations
• Up to three hours of undocumented lost time compensated at $20 per hour if the Class Member attests that the time was spent as a result of the data breach; and up to two additional hours of lost time compensated at $20 per hour if they attest that the time was spent as a result of the data breach, include a brief written description of how the time was spent related to the breach, and documentation of how the time was spent.

If the claims rate for undocumented lost time are below 2 percent, Class Members who submitted a valid claimf or undocumented lost time equal to a 2 percent claims rate on a per-hour-claimed-pro-rata basis.

Class Members who believe there are extraordinary circumstances to increase the $350 cap to $5,000 must include a separate statement with their claim, along with supporting documentation.

If a separate statement or documentation is not provided, the Class Member’s claim will be denied after they are given notice and an opportunity to resolve the defect within 30 days.

Also as part of the settlement agreement, ArbiterSports will offer 18 months of credit monitoring and credit restoration protection for all Class Members.

This monitoring will be provided by Identity Guard’s total Plan and will include services such as real-time authentication alerts, dark web monitoring, and anti-phishing iOS and Android mobile apps.

And finally, ArbiterSports also has put in place or agreed to put in place a number of enhancements to its information security system.

Claim forms must be submitted by Nov. 19, 2021.

The deadline to file a claim was Nov. 19, 2021.