Webster Bank, Guardian Analytics data breach $1.4M class action settlement

Webster Bank, Guardian Analytics and Actimize have agreed to a class action lawsuit settlement to resolve claims they failed to protect customers’ personally identifiable information (PII) during a data breach in which an unauthorized third party gained access to Guardian’s systems.

The settlement class is made up of anyone who was notified that their personally identifiable information may have been affected as a result of the data incident that occurred on Guardian’s systems between Nov. 27, 2022, and Jan. 22, 2023. 

By allowing the security breach, the plaintiff asserted, Guardian Analytics was guilty of negligence, negligence per se, breach of implied contract, breach of fiduciary duty, unjust enrichment, and violation of the Connecticut Unfair Trade Practices Act.

The private information that was allegedly compromised included full names, Social Security numbers and financial account numbers. 

Guardian Analytics, which Nice Actimize acquired in 2020, is a privately held American company that provides businesses with behavioral analytics and machine learning for preventing banking fraud, one of those businesses being Webster Bank. Webster Bank provided Guardian Analytics with its customers’ PII in exchange for these services, and third parties ultimately accessed this information during the data breach.

Under the terms of the Webster Bank data breach class action lawsuit settlement, class members can receive a number of benefits from the settlement.

Class members may make a claim for one or more of the following:

• 24 months of free identity protection and credit monitoring service
• Compensation for up to four hours of lost time at a rate of $25 per hour
• Up to $250 in compensation for unreimbursed ordinary losses incurred as a direct result of the data breach and up to $5,000 for extraordinary unreimbursed losses 

Ordinary losses include expenses such as documented bank fees, phone and data charges, credit report fees or identity theft insurance costs. 

Extraordinary losses include documented out-of-pocket expenses incurred due to identity theft or other fraud related to the data breach. These losses must have been incurred despite reasonable efforts by the class member to avoid or be reimbursed for the loss.

Alternatively, class members may elect to receive a pro rata cash payment. 

Class members whose Social Security number was not affected by the data breach are eligible to receive a Tier 2 payment, while class members whose Social Security number was affected are eligible for a Tier 1 payment equal to double the amount of a Tier 2 payment. 

No payment estimate is available.

The deadline to opt out of or object to the settlement is March 25, 2024.

A final fairness hearing in the Webster Bank data breach settlement will take place April 23, 2024.

Claim forms must be submitted by April 24, 2024. 

Who’s Eligible

The settlement class is made up of anyone who was notified that their personally identifiable information may have been affected as a result of the data incident that occurred on Guardian’s systems between Nov. 27, 2022, and Jan. 22, 2023. 

Potential Award

Varies

Proof of Purchase

For class members to claim reimbursements of out-of-pocket expenses, they will need to provide: bank statements, phone bills with charges, credit monitoring reports, postage costs, etc. 

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

04/24/2024

Case Name

Holden, et al. v. Guardian Analytics Inc., et al., Case No. 2:23-cv-2115-wjm-ldw, in the U.S. District Court for the District of New Jersey.

Final Hearing

04/23/2024

Settlement Website

WebsterClassActionSettlement.com

Claims Administrator

Webster Bank Data Incident Settlement Administrator
PO Box 2408
Portland, OR 97208-2408
info@websterclassactionsettlement.com
888-680-3314

Class Counsel

Ben Barnow
BARNOW AND ASSOCIATES PC

Charles E Shaffer
LEVIN SEDRAN & BERMAN

Defense Counsel

Christopher A Wiech
BAKER & HOSTETLER LLP

Joshua L Becker
SHOOK HARDY & BACON LLP