Frequently Asked Questions
- Why did I get a Notice of Settlement?
- What is this lawsuit about?
- Why is the lawsuit a class action?
- Why is there a settlement?
- How do I know if I am part of the Settlement?
- Are there exceptions to being included in the Settlement?
- What if I am still not sure whether I am part of the Settlement?
- What does the Settlement provide?
- Is there additional information available regarding the reimbursement of out-of-pocket expenses and compensation for time spent dealing with the data incident?
- What did I give up to receive Settlement benefits or stay in the Settlement Class?
- What are the Released Claims?
- How could I have made a claim for Settlement benefits?
- What happens if my contact information changes after I submitted a claim?
- When will I receive my Settlement benefits?
- Do I have lawyers in this case?
- How will Class Counsel be paid?
- How could I have gotten out of the Settlement?
- If I excluded myself, can I get anything from the Settlement?
- If I did not exclude myself, can I sue the Defendant for the same thing later?
- How could I have told the Court that I do not like the Settlement?
- What is the difference between objecting and asking to be excluded?
- When and where did the Court decide whether to approve the Settlement?
- Did I have to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- What happens if I did nothing at all?
- I received an email from EpiqPay. What is the email about and is the email legitimate?
- What is EpiqPay?
- How do I claim my EpiqPay payment?
- When will I receive my digital payment?
- After choosing my preferred payment options, will I receive my payment instantly?
- How do I get more information?
Why did I get a Notice of Settlement?
A federal court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible to receive benefits, and how to get them.
The Honorable Beth Labson Freeman of the United States District Court for the Northern District of California is overseeing this class action. The case is known as Ford et al. v. 7.ai, Inc., Case No. 5:18-cv-02770-BLF (the Litigation). The people who filed this lawsuit are called “Plaintiffs” and the company they sued, 7.ai, Inc., is called “7” or the “Defendant.”
To view a copy of the Settlement Notice, click here.Back To Top
What is this lawsuit about?
In the fall of 2017, Defendant was the target of a criminal cyberattack in which third-party criminals potentially obtained the payment card data (“PCD”) and other personally identifiable information (“PII”) of Plaintiffs and Settlement Class Members while they shopped on Best Buy’s website (“Data Incident”). Plaintiffs claim that Defendant failed to provide timely, accurate, and adequate notice to Plaintiffs and Settlement Class Members that their PCD and PII (collectively, “Customer Data”) had been potentially compromised as a result of the Data Incident. Following the Data Incident, Defendant maintains it cooperated with Best Buy, who notified approximately 396,116 individuals that their Customer Data may have been impacted by the Data Incident.
Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. Defendant denies these and all other claims made in the litigation. By entering into the Settlement, Defendant is not admitting that it did anything wrong.Back To Top
Why is the lawsuit a class action?
In a class action, one or more people called class representatives sue on behalf of all people who have similar claims. Together, all of these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves from the Settlement Class.
The proposed Class Representatives in this case are the Plaintiffs Michael Ford, Noe Gamboa, and Madison Copeland.Back To Top
Why is there a settlement?
Plaintiffs and Defendant do not agree about the claims made in this litigation. The litigation has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the litigation. Plaintiffs and the attorneys for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the Settlement benefits and the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendant.Back To Top
How do I know if I am part of the Settlement?
You are a Settlement Class Member if you were mailed notice by Best Buy of the Data Incident that occurred in the fall of 2017. If you were emailed a notice of this Settlement, you are a Settlement Class Member.Back To Top
Are there exceptions to being included in the Settlement?
Yes. The following are excluded from the Settlement Class:
- 7, Best Buy, and their respective officers and directors;
- All Settlement Class Members who timely and validly request exclusion from the Settlement Class;
- The Judge assigned to evaluate the fairness of this settlement; and
- 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 Data Incident or who pleads nolo contendere (a legal term that means "I do not wish to contend") to any such charge.
What if I am still not sure whether I am part of the Settlement?
If you are still not sure whether you are a Settlement Class Member, you may email the Claims Administrator at info@247ClassSettlement.com or call the Claims Administrator at 1-855-535-1873 (toll-free).Back To Top
What does the Settlement provide?
As part of the Settlement, Settlement Class Members could claim reimbursement of documented out-of-pocket expenses and/or compensation for time spent dealing with the Data Incident, as described below.
Reimbursement of Documented Out-of-Pocket Expenses:
All Settlement Class Members who file a Valid Claim using the Claim Form are eligible for reimbursement of the following documented out-of-pocket expenses that were incurred as a result of the Data Incident, not to exceed $2,000 per Settlement Class Member:
- Unreimbursed bank fees
- Unreimbursed card reissuance fees
- Unreimbursed overdraft fees
- Unreimbursed charges related to unavailability of funds
- Unreimbursed late fees
- Unreimbursed over-limit fees
- Long-distance telephone charges
- Cell 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 Incident), and text messages (if charged by the message and incurred solely as a result of the Data Incident)
- Unreimbursed charges from banks or credit card companies
- Interest on payday loans due to card cancellation or due to over-limit situations incurred solely as a result of the Data Incident
- Costs of credit report(s) purchased by Settlement Class Members between September 27, 2017, and December 22, 2021 (with affirmative statement by the Settlement Class Member that it was purchased primarily because of the Data Incident)
- Costs associated with freezing and/or unfreezing credit reports with any credit reporting agency (with affirmative statement by the Settlement Class Member that the charge was incurred primarily because of the Data Incident)
- Costs of fraud resolution services incurred by the Settlement Class Members between September 27, 2017, and December 22, 2021 (with affirmative statement by the Settlement Class Member that the cost was incurred primarily because of the Data Incident and not for other purposes, and with proof of purchase).
To receive reimbursement for any of the above-referenced out-of-pocket expenses, you must submit documentation of your out-of-pocket expenses.
Compensation for Time Spent Dealing with the Data Incident:
Settlement Class Members are also eligible to receive compensation for up to three hours of lost time spent dealing with the Data Incident (calculated at the rate of $20 per hour), but only if at least one full hour was spent, and only if you attest on the Claim Form to the time spent. To receive up to three hours in lost time, the Settlement Class Member need not submit any documentation of that lost time, but the Settlement Class Member must attest that the time claimed was spent dealing with the Data Incident. Settlement Class Members may claim an additional two hours of lost time if they can provide adequate documentation of those additional two hours spent dealing with the Data Incident.Back To Top
Is there additional information available regarding the reimbursement of out-of-pocket expenses and compensation for time spent dealing with the data incident?
Yes. Settlement Class Members seeking reimbursement must have completed and submitted a Claim Form to the Claims Administrator by December 22, 2021. This deadline has since passed. You must submit reasonable documentation that the out-of-pocket expenses and charges claimed were both actually incurred and plausibly arose from the Data Incident. Failure to provide supporting documentation of the out-of-pocket expenses referenced above as requested on the Claim Form will result in denial of a claim.
No documentation is needed for the first three hours of claimed lost-time expenses. If you wish to claim up to two hours of additional lost-time expenses, you must submit reasonable documentation that the additional time claimed was spent dealing with the Data Incident.
To be approved, claims for expenses must be complete and submitted to the Claims Administrator on or before the Claims Deadline. No payment shall be made for emotional distress, personal/bodily injury, or punitive damages, as all such amounts are not recoverable pursuant to the terms of the Settlement Agreement.Back To Top
What did I give up to receive Settlement benefits or stay in the Settlement Class?
Unless you excluded yourself, you have chosen to remain in the Settlement Class. All of the Court’s orders apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against 7 and related parties about the legal issues in this litigation that are released by this Settlement. The specific rights you are giving up are called Released Claims.Back To Top
What are the Released Claims?
Section 6 of the Settlement Agreement describes these “Released Claims” and the “Released Persons” in necessary legal terminology, so read these sections carefully. The Settlement Agreement is available here or in the public court records on file in this lawsuit. For questions regarding the Releases or what they mean, you can also contact one of the lawyers listed in FAQ 15 for free, or you can, talk to your own lawyer at your own expense.Back To Top
How could I have made a claim for Settlement benefits?
Settlement Class Members seeking reimbursement under the Settlement must have completed and submitted a Claim Form to the Claims Administrator, postmarked or submitted online on or before December 22, 2021.This deadline has since passed.Back To Top
What happens if my contact information changes after I submitted a claim?
If you change your mailing address or email address after you submitted a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by emailing to info@247ClassSettlement.com or by writing to:
7 Claims AdministratorBack To Top
P.O. Box 6509
Portland, OR 97228-6509
When will I receive my Settlement benefits?
Payment to Claimants who filed valid claims will commence on May 5, 2022. If you have questions about your payment, please contact the Claims Administrator at 1-855-535-1873 (toll-free) or info@247ClassSettlement.com.Back To Top
Do I have lawyers in this case?
Yes, the Court has appointed Michael F. Ram of Morgan & Morgan Complex Litigation Group and Melissa S. Weiner of Pearson, Simon, & Warshaw, LLP, as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own expense if you want someone other than Class Counsel to represent you in this litigation.
Michael F. Ram
Morgan & Morgan Complex Litigation Group
c/o 7 Settlement
20 North Orange Ave.
Orlando, FL 32801
Melissa S. Weiner
Pearson, Simon, & Warshaw, LLP
c/o 7 Settlement
800 LaSalle Ave.
Minneapolis, MN 55402
How will Class Counsel be paid?
Class Counsel filed a motion asking the Court to award them attorneys’ fees and costs not to exceed $450,000. They also asked the Court to approve $2,000 incentive awards to each of the Plaintiffs for participating in this litigation and for their efforts in achieving the Settlement. If awarded by the Court, Defendant will pay fees, costs, expenses, and incentive awards directly.
On January 28, 2022, the Court granted Class Counsel’s motion for Attorneys’ Fees and Costs and Service Awards. The Court’s Order Granting Plaintiff’s Motion for Final Approval of the Class-Action Settlement and for Attorneys’ Fees and Costs and Service Awards and Entering Final Judgment and Dismissal is available here.Back To Top
How could I have gotten out of the Settlement?
The deadline to submit requests for Exclusion was November 22, 2021.Back To Top
If I excluded myself, can I get anything from the Settlement?
No. If you excluded yourself, you told the Court that you do not want to be part of the Settlement. You can only get settlement benefits if you stayed in the Settlement and submitted a valid Claim Form.Back To Top
If I did not exclude myself, can I sue the Defendant for the same thing later?
No. Unless you excluded yourself, you gave up any right to sue Defendant and Released Persons for the claims that this Settlement resolves relating to the Data Incident. You must have excluded yourself from this litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Persons. If you have a pending lawsuit, speak to your lawyer in that case immediately.Back To Top
How could I have told the Court that I do not like the Settlement?
The deadline to object to the Settlement was November 22, 2021.Back To Top
What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (that is, do not exclude yourself). Requesting exclusion is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you exclude yourself, you cannot object to the Settlement.Back To Top
When and where did the Court decide whether to approve the Settlement?
The Court held the Final Approval Hearing on January 27, 2022, at 9:00 a.m. before the Honorable Beth Labson Freeman, United States District Judge for the Northern District of California, 280 South 1st Street, San Jose, CA 95113, in Courtroom 3 – 5th Floor.
At this hearing, the Court considered whether the Settlement was fair, reasonable, and adequate and decided whether to approve: the Settlement, Class Counsel’s application for attorneys’ fees, costs and expenses, and the incentive awards to Plaintiffs.Back To Top
Did I have to attend the Final Approval Hearing?
No. Class Counsel answered any questions the Court may have.Back To Top
May I speak at the Final Approval Hearing?
The fairness hearing was held on November 22, 2021.Back To Top
What happens if I did nothing at all?
If you are a Settlement Class Member and you did nothing, you will not receive any settlement benefits. You gave up rights explained in FAQ 10, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or any of the Released Persons about the legal issues in this litigation that are released by the Settlement Agreement relating to the Data Incident.Back To Top
I received an email from EpiqPay. What is the email about and is the email legitimate?
If you received an email from firstname.lastname@example.org, it is because you were determined to be eligible for a payment in a class action settlement and you elected to receive your payment as a digital payment. By default, individuals eligible for digital payments will first receive an initial email advising them of their upcoming digital payment a few days before they receive the email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.Back To Top
What is EpiqPay?
EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay.Back To Top
How do I claim my EpiqPay payment?
Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. If you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner email@example.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partners is available on these notifications, in case you experience any issues using you card.Back To Top
When will I receive my digital payment?
Emails regarding digital payments for this matter commenced on May 3, 2022, and digital payments will be available to claim through September 2, 2022. During that window, Epiq digital payment emails were or will be sent from firstname.lastname@example.org, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.Back To Top
After choosing my preferred payment options, will I receive my payment instantly?
No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.Back To Top
How do I get more information?
This website and the Settlement Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-855-535-1873 (toll-free), or by writing to the Claims Administrator at the following address:
7 Claims Administrator,
P.O. Box 6509,
Portland, OR 97228-6509
You can also access information about this case through the Court’s Public Access to Court Electronic Records (PACER) system. To learn about PACER and register for a PACER account, go to https://www.Pacer.gov. Once you have a PACER account, you can access and retrieve documents from the Court’s docket for the Action at https://ecf.cand.uscourts.gov/cgi-bin/login.pl. You can also access and retrieve documents from the Court’s docket by visiting the Clerk of Court's office located at United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
If you have questions, you may contact Class Counsel using the information in FAQ 15.
Please do not telephone the court or the Clerk of Court's office regarding the Notice.Back To Top