1. Why was the Notice issued?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What can I Get?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim and get a cash payment?
10. What is the deadline for submitting a claim?
11. When will I get my payment?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will the lawyers be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court's Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
A state court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Matthew Cariello, Terence Nicholas, and Cindy Cartwright v. NSC Technologies, LLC, 25EV000160 (In the State Court of Fulton County, Ga.). The people that filed this lawsuit are called the "Plaintiffs" and the company they sued, NSC Technologies, LLC, is called the "Defendant."
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This lawsuit alleges that personal information was impacted by the cybersecurity incident that affected NSC Technologies, LLC, in or around June 2023 ("Security Incident").
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals who sue are known as "Class Representatives" or "Plaintiffs." Together, the people included in the class action are called a "class" or "class members." One court resolves the lawsuit for all settlement class members, except for those who exclude themselves (sometimes called, "opting out") from a settlement. In this Settlement, the Class Representatives are Matthew Cariello, Terence Nicholas, and Cindy Cartwright.
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The Court did not decide in favor of the Plaintiffs or the Defendant. The Defendant denies all claims and contends that it has not violated any laws. Plaintiffs and the Defendant agreed to a Settlement to avoid the costs and risks of a trial, and through the Settlement, Settlement Class Members are eligible to claim payments and other benefits. The Plaintiffs and their attorneys, who also represent the Settlement Class Members, think the Settlement is best for all Settlement Class Members.
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The Settlement Class consists of all individuals who reside in the United States and to whom Defendant sent a notice concerning the Security Incident.
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Yes. Excluded from the Settlement Class are (i) NSC Technologies, LLC, its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Security Incident or who pleads nolo contendere to any such charge.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling, emailing or writing to the Settlement Administrator at:
NSC Technologies, LLC Security Incident
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-866-382-0528
info@DataSettlementNSC.com
You may also view the Settlement Agreement and Release ("Settlement Agreement") here.
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If you received a notice concerning the Security Incident, you may submit a claim for:
(1) compensation for up to $400.00 in documented out-of-pocket losses, including, for example, unreimbursed losses relating to fraud or identity theft, unreimbursed costs of credit monitoring incurred between the time of the Security Incident and the time the claim is submitted, and also including up to four (4) hours of lost time reimbursed at $20.00 per hour;
(2) compensation for up to $4000.00 in extraordinary losses; and
(3) 3 years of one-credit bureau credit monitoring services and identity protection services. Even if Settlement Class Members previously accepted the Defendant's offer of complimentary credit monitoring services, they may still claim this benefit.
Alternatively, in lieu of the benefits described above, you may elect to receive an Alternative Cash Payment of fifty dollars ($50.00) upon submission of a valid Claim Form.
The available benefits are described more fully here:
Reimbursement for Out-of-Pocket Expenses. Class Members may submit a Claim for reimbursement of documented out-of-pocket losses reasonably traceable to the Security Incident. This reimbursement is capped at $400.00 per Class Member.
Out-of-Pocket Expense Claims include, without limitation: unreimbursed losses relating to fraud or identity theft; professional fees including attorneys' fees, accountants' fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after the Incident through the date of claim submission; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.
You may also claim up to four (4) hours of lost time, reimbursed at a rate of $20.00 per hour, as part of a claim for reimbursement of Out-of-Pocket Expenses.
Reimbursement for Extraordinary Losses. Class Members may submit a Claim for reimbursement of extraordinary losses that are reasonably traceable to the Security Incident. The reimbursement is capped at $4,000.00 per Class Member. Extraordinary losses include:
(i) the loss is an actual, documented, and unreimbursed monetary loss arising from fraud or misuse;
(ii) the loss from fraud or misuse was more likely than not caused by the Data Security incident;
(iii) the actual misuse or fraud loss is not already covered by one or more of the ordinary loss compensation categories under Claim Category A;
(iv) the claimant made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring insurance and identity theft insurance; and
(v) the actual misuse or fraud loss occurred between the date that the Data Security Incident began (June 19, 2023) and the Claim Deadline.
You must submit documentation, such as receipts, to verify the costs you incurred. You may submit "self-prepared" documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.
You must also have tried to avoid these losses, or tried to get reimbursed from other sources, if possible. For all out of pocket expenses, you must also attest under penalty of perjury that these expenses or losses resulted from dealing with the Security Incident.
Identity Theft Protection and Credit Monitoring. All Class Members may claim three years of one bureau identity theft protection services. This protection includes up to $1 million in identity theft insurance.
Alternate Cash Payment. In lieu of all the benefits described above, Settlement Class Members may elect to receive an alternative cash payment of fifty dollars ($50.00) upon submission of a valid Claim Form. If you choose the Alternative Cash Payment, this is the only benefit that you may claim. Otherwise, you may claim any or all of the other benefits for which you qualify.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The "Releases" section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class.
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Claim Forms may be submitted online here or downloaded and printed here and mailed to the Settlement Administrator at:
NSC Technologies, LLC Security Incident
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You may also contact the Settlement Administrator to request a Claim Form by telephone 1-866-382-0528, by email info@DataSettlementNSC.com, or by U.S. mail at the address above.
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If you submit a claim by U.S. mail, the completed and signed Claim Form must be postmarked by October 30, 2025. If submitting a Claim Form online, you must do so by October 30, 2025.
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The short answer is -- after the Settlement is "finally approved" and challenges, if any, to that approval are finally resolved. The Court is scheduled to hold a final approval hearing on November 19, 2025, to decide whether to approve the Settlement, how much attorneys' fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award Service Awards to the Class Representatives who brought this Action on behalf of the Settlement Class.
If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.
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Yes, the Court appointed David K. Lietz of Milberg Coleman Bryson Phillips Grossman, PLLC, Tyler Bean of Siri & Glimstad LLP, and Andrew Shamis of Shamis & Gentile, P.A, to represent you and other members of the Settlement Class ("Settlement Class Counsel"). You will not be charged directly for these lawyers; instead, they will receive compensation from NSC Technologies, LLC, (subject to Court approval).
If you want to be represented by your own lawyer, you may hire one at your own expense.
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It is not necessary for you to hire your own lawyer because Settlement Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Settlement Class Counsel's attorneys' fees, costs, and expenses will be paid separate from the amounts paid to Settlement Class Members in an amount determined and awarded by the Court. Settlement Class Counsel will seek no more than $253,000.00. As approved by the Court, the Settlement Class Representatives will each be paid a Service Award by Defendant for bringing and settling the case. The Settlement Class Representatives will seek no more $2,500.00 each as an incentive award, for a total of $7,500.00 but the Court may award less than this amount.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called "opting out" of the Settlement Class. The deadline for requesting exclusion from the Settlement is September 30, 2025.
To exclude yourself from the Settlement, you must submit a written request for exclusion to the Court that includes the following information:
Your request for exclusion must be mailed to the Settlement Administrator at the address below postmarked no later than September 30, 2025.
NSC Technologies, LLC Security Incident
Settlement Administrator
ATTN: Exclusion Request
PO Box 25226
Santa Ana, CA 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You may only exclude yourself – not any other person.
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If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it, whether that be to the Settlement benefits, the request for attorneys' fees or service awards, the releases provided to the Defendant, or some other aspect of the Settlement. Through an objection, you give reasons why you think the Court should not approve the Settlement.
For an objection to be considered by the Court, the objection must include: (i) the name of the proceedings; (ii) the Settlement Class Member's full name and current mailing address; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) the identity of any attorneys representing the objector; (v) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; and (vi) the signature of the Settlement Class Member or the Settlement Class Member's attorney.
Any Settlement Class Member who does not file a timely and adequate objection in accordance with the above paragraph waives the right to object to the Settlement at the Final Approval Hearing and shall be bound by the terms of the Settlement Agreement and by all orders and judgments in the Action.
Objections must be mailed to the Settlement Administrator at the address below, postmarked no later than September 30, 2025.
NSC Technologies, LLC Security Incident
Settlement Administrator
ATTN: Objection
PO Box 25226
Santa Ana, CA 92799
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement means telling the Court you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court is scheduled to hold a final approval hearing on November 19, 2025 at 9:00 a.m. E.T., at 185 Central Ave., S.W., Atlanta, GA 30303, Courtroom 3C, to decide whether to approve the Settlement, how much attorneys' fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a service award payment to each Class Representative who brought this Action on behalf of the Settlement Class.
If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost. If you do not like the Settlement, remember you may object to it, but you have to follow certain requirements (see Question 16). The date and time of this hearing may change without further notice. Please check the Important Dates page for updates.
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No. Settlement Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you may but you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time and meets the requirements above.
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If you are a Settlement Class Member and you do nothing, you will give up your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will be bound by the releases of the Released Parties in the Settlement and not be eligible to receive a payment from this Settlement.
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This website summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
NSC Technologies, LLC Security Incident
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-866-382-0528
info@DataSettlementNSC.com
Publicly filed documents can also be obtained by visiting the office of the State Court for Fulton County, Georgia or by reviewing the Court's online docket. For those planning to visit the Court for more information, please contact the Court for its regular business hours and for any costs associated with obtaining documents maintained by the Court.
You may also contact your counsel in this matter, the Settlement Class Counsel, as follows:
Andrew J. Shamis | David K. Lietz | Tyler Bean |
Please do not Contact the court, NSC Technologies, LLC, or its attorneys.
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