1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is 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 does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel 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?
The Circuit Court for Broward County, Florida, authorized the Notice. 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 called Susan Toth, et al. v. Payactiv, Inc., Case No. CACE-26-005865. It is pending in the Circuit Court for Broward County, Florida. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Payactiv, Inc., is called the “Defendant.”
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This lawsuit alleges that during the April 2025 targeted cyberattack on Payactiv's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; dates of birth; financial account numbers; and Social Security numbers.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the settlement. In this Settlement, the Class Representatives are Susan Toth; Ashley Baker; Jessenia Gomez; Lillie Stokes; Blake Mijangos; Melea Akers; Emily Benard; and Erik Hanson. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “All living individuals residing in the United States who were sent a notice from Defendant that their Private Information may have been impacted in the Data Incident.”
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Yes. Excluded from the Class are: (a) all persons who are directors, officers, and agents of Defendant; (b) governmental entities; (c) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; and (d) all Settlement Class Members who timely and properly opt-out of the Settlement.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Payactiv Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25191
Santa Ana, CA 92799-9958
Email: info@PayactivDataIncidentSettlement.com
Call toll free, 24/7: (833) 421-7312
You may also view the Settlement Agreement here.
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Payactiv has agreed to provide the following benefits to all Settlement Class Members.
Credit Monitoring. All Class Members are eligible to enroll in two years of CyEx Financial Shield Complete. This comprehensive service comes with $1 million of financial fraud insurance, and includes monitoring for:
fraud or identity theft
unauthorized financial transactions
personal information associated with high-risk transactions
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Enrollment codes for credit monitoring were mailed or emailed to all Settlement Class Members. If you no longer have your enrollment code, please contact the Settlement Administrator. If you would like to sign up to receive an enrollment reminder when the enrollment period opens, please visit the Enrollment Instructions Request page. Once the enrollment period starts, this page will be updated with more information regarding the enrollment process.
Cash Payment for Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you can get back up to $2,500.00. The losses must have occurred between April 3, 2025, and September 12, 2026.
This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You need to send proof, like bank statements or receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Payactiv Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25191
Santa Ana, CA 92799-9958
Email: info@PayactivDataIncidentSettlement.com
Call toll free, 24/7: (833) 421-7312
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If you stay in the class, you won’t be able to be part of any other lawsuit against Payactiv about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section XI) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Payactiv Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25191
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by emailing info@PayactivDataIncidentSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online here, you must do so by September 12, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than September 12, 2026.
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The Court will hold a Final Approval Hearing on October 12, 2026, at 9:30 a.m. Eastern Time (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys Jeff Ostrow and Kristen Lake Cardoso of Kopelowitz Ostrow P.A. and Mariya Weekes of Milberg PLLC, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the Court to approve $700,000.00 as reasonable attorneys' fees and reimbursement of litigation costs. This amount will be paid by Payactiv.
Class Counsel will also ask for Service Award payments of $1,500.00 for each of the Class Representatives. Service Award payments will also be paid by Payactiv.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue Payactiv on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is September 12, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Susan Toth, et al. v. Payactiv, Inc., Case No. 2026-CACE-26-005865, pending in the Circuit Court for Broward County, Florida;
your full name, mailing address, telephone number, and email address;
personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Payactiv Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25191
Santa Ana, CA 92799-9958
Your Request for Exclusion must be submitted or postmarked by September 12, 2026.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see FAQ 15).
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Susan Toth, et al. v. Payactiv, Inc., Case No. CACE-26-005865, pending in the Circuit Court for Broward County, Florida;
your full name, mailing address, telephone number, and email address;
all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
the number of times the objector has objected to a class action settlement within the 5 years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;
the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards;
the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five years;
whether the objector and/or objector’s counsel will appear at the Final Approval Hearing;
a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by September 12, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendants.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Payactiv Data Incident Settlement |
Class Counsel | Counsel for Defendants |
Jeff Ostrow | Casie D. Collignon |
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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 is opting out and stating to the Court that 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 will hold a final approval on October 12, 2026, at 9:30 a.m. Eastern Time, in Courtroom WW16150 of the Circuit Court for Broward County, Florida, at 201 SE 6th Street, Fort Lauderdale, FL 33301.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in FAQ 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Payactiv Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25191
Santa Ana, CA 92799-9958
Email: info@PayactivDataIncidentSettlement.com
Call toll free, 24/7: (833) 421-7312
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 201 SE 6th Street, Fort Lauderdale, FL 33301.
Do not contact the Court or Clerk of Court regarding this Settlement
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