P2ES Holdings data breach $1.25M class action settlement

A settlement has been reached in a class action lawsuit against P2ES Holdings LLC that claimed the company failed to protect its customers’ personally identifiable information (PII) during a data breach in which an unauthorized third party gained access to the company’s systems.

The settlement class is made up of anyone whose PII was compromised in the P2ES Holdings data incident, which the company first announced on or about Nov. 2, 2022. 

By allowing the security breach, the plaintiffs asserted, P2ES Holdings was guilty of negligence, negligence per se, breach of implied contract, breach of third-party beneficiary contract, breach of confidence, unjust enrichment and violations of the Colorado Consumer Privacy Act.

The private information that was allegedly compromised included names and Social Security numbers, which the company collects in order to provide software and data solutions to its clients. 

P2ES Holdings, doing business as P2 Energy Solutions, offers support to energy industry customers with digital supply-chain solutions.

The company denies any accusations of wrongdoing but agreed to the settlement to resolve the claims.

Settlement class members can receive a number of cash benefits from the settlement.

Class members who attest that time was spent as a direct result of the data incident are eligible for compensation at a rate of $25 per hour, capped at a total of $100. 

Additionally, the settlement offers reimbursement of documented out-of-pocket expenses — such as attorneys’ fees, credit-monitoring costs incurred after Nov. 11, 2021, cellphone charges and other expenses — reasonably traceable to the data incident, up to a maximum of $5,000. This cap includes a potential $250 payment for each verified and documented incident of fraud.

Class members may also receive a $50 pro rata cash payment from any remainder funds. This amount may be higher or lower depending on the number of claims submitted.

The deadline to opt out of or object to the settlement was Jan. 26, 2024.

A final approval hearing in the P2ES Holdings data breach class action lawsuit settlement will take place April 15, 2024.

Claim forms must be submitted online or postmarked by Feb. 26, 2024.

Who’s Eligible

Anyone whose PII was compromised in the P2ES Holdings data incident, which the company first announced on or about Nov. 2, 2022. 

Potential Award

Varies

Proof of Purchase

Receipts or other reasonable documentation supporting the class member’s claims of out-of-pocket expenses related to the data breach.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

02/26/2024

Case Name

Jones, et al. v. P2ES Holdings LLC, Case No.23-cv-00408-GPG-MEH, in the U.S. District Court for the District of Colorado.

Final Hearing

04/15/2024

Settlement Website

P2Settlement.com

Claims Administrator

Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

Class Counsel

Terence R Coates
Justin C Walker
Dylan J Gould
MARKOVITS STOCK & DEMARCO LLC

Gary M Klinger
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC

Defense Counsel

Casie D Collignon
Keeley O Cronin
BAKER & HOSTETLER LLP