Frequently Asked Questions

The Court authorized the Notice because you have a right to know about the settlement, and all of your options, before the Court decides whether to give final approval to the settlement. This Notice explains the nature of the Litigation that is the subject of the settlement, the general terms of the settlement, and your legal rights and options.

The Judge Robert Pitman of the United States District Court for the Western District of Texas is overseeing this case captioned as In Re ESO Solutions, Inc. Breach Litigation, Case No. 1:23-cv-01557-RP. The people who brought the lawsuit are called the Class Representatives. The company being sued, ESO Solutions, Inc., is called ESO or the Defendant.

The Litigation arises from the alleged compromise of Private Information of Plaintiffs and Class Members as a result of the Data Incident. In response to the Data Incident, Defendant sent a Notice Letter informing affected individuals that their Private Information may have been compromised. 

Defendant denies any wrongdoing whatsoever. No court or other judicial body has made any judgment or other determination that Defendant has done anything wrong.

In a class action, one or more people called “Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Class,” and the individuals are called “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

The Court has not decided in favor of the Plaintiff or Defendant. Instead, both sides agreed to the settlement. The settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Class Members. The Class Representatives appointed to represent the Class, and the attorneys for the Class, Class Counsel, think the settlement is best for all Class Members.

You are affected by the settlement and potentially a Class Member if you are a Person who received a Notice Letter from ESO and were a resident of Texas at the time ESO distributed the Notice Letter. 

The Class specifically excludes: (i) all Persons who timely and validly request exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this settlement; and (iii) 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 to any such charge.

If you are not sure whether you are included in the settlement, you may call (833) 630-5360 with questions. You may also write with questions to:

In re ESO Solutions, Inc. Data Breach Litigation

c/o Kroll Settlement Administration LLC

P.O. Box 5324

New York, NY 10150-5324

The settlement provides the following Settlement Benefits available to Class Members who submit Valid Claims: (a) Reimbursement for Out-of-Pocket Losses; and (b) Pro Rata Cash Payments.

Class Members that submit a valid and timely Claim Form may select one or more of the following Settlement Benefits:

1. Reimbursement for Out-of-Pocket Losses: All Class Members who submit a Valid Claim are eligible to receive reimbursement for documented Out-of-Pocket Losses, if fairly traceable to the Data Incident, up to $5,000 per individual (Out-of-Pocket Loss Cap), which will be paid out of the Settlement Fund. 
   • Out-of-Pocket Losses are unreimbursed costs or expenditures incurred by a Class Member in responding to notice of the Data Incident. Out-of-Pocket Losses may include, without limitation, the following: 

(1) costs incurred on or after September 28, 2023, associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; 

(2) other miscellaneous expenses incurred related to any Out-of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges; 

(3) credit monitoring or other mitigative costs that were incurred on or after September 28, 2023, through the date of the Class Member’s Claim submission.

• Class Members who elect to submit a Claim for reimbursement of Out-of-Pocket Losses must provide to the Settlement Administrator the information required to evaluate the Claim, including: (1) the Class Member’s name and current address; (2) documentation supporting their Claim; (3) a brief description of the documentation describing the nature of the loss, if the nature of the loss is not apparent from the documentation alone; and (4) a verification, stating that the Claim is true and correct to the best of the Class Member’s knowledge and belief. 
• Documentation supporting Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” by the Class Member that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity to or support other submitted documentation. Out-of-Pocket Losses will be deemed fairly traceable to the Data Incident for purposes of this paragraph if the timing of the loss occurred on or after September 28, 2023.
• Class Members may submit multiple Claims for Out-of-Pocket Losses and the total of all amounts recovered for Out-of-Pocket Losses is subject to the $5,000 Out-of-Pocket Loss Cap.

AND

1. Pro Rata Cash Payments: Class Members may, in addition to making a Claim for reimbursement of Out-of-Pocket Losses, elect to receive a cash payment the amount of which will be determined pro rata to exhaust the Settlement Fund following the payment of any a Attorneys’ Fees, Costs, and Expenses and/or Service Awards for Plaintiffs, Settlement Administration Costs, Administration Fees, as well as all Valid Claims for Out-of-Pocket Loss reimbursements 

If a Claimant makes a Claim for documented losses that is found to be invalid for lack of documentation, but fails to Claim a pro rata cash payment, that Claimant shall be deemed to have made a Valid Claim for a pro rata cash payment.

To receive a Settlement Benefit, you must complete and submit a Claim Form online or by mail to In re ESO Solutions, Inc. Data Breach Litigation, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by March 12, 2026 or by mail postmarked by March 12, 2026.

TO RECEIVE AN ELECTRONIC OR ACH PAYMENT FOR YOUR VALID CLAIM, YOU MUST FILE A CLAIM FORM ONLINE 

The Court will hold a Final Fairness Hearing on April 16, 2026, at 9:00 a.m. CT to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals from that decision and resolving them can take time. It also takes time for all of the Claim Forms to be processed. Please be patient. Settlement Benefits will begin after the settlement has obtained Court approval and the time for all appeals has expired.

ESO and its affiliates will receive a release from all claims that could have been or that were brought against ESO relating to the Data Incident. Thus, if the Settlement becomes Final and you do not exclude yourself from the Settlement, you will be a Class Member and you will give up your right to sue ESO, and each entity which is controlled by, controlling or under common control with ESO and their respective past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, employees, principals, agents, attorneys, insurers, and reinsurers, and includes, without limitation, any Person related to any such entity who is, was or could have been named as a defendant in any of the actions in the Litigation, other than any Person who is 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 to any such charge, in its capacity as such and assigns of each of them as well as covered entities associated with the Data Incident. These releases are described in Section 6 of the Settlement Agreement, which is available here. If you have any questions, you can talk to the law firms listed in Question 17 for free or you can talk to your own lawyer.

If you do not want to be part of the settlement, then you must take steps to exclude yourself from the Class. This is sometimes referred to as “opting out” of the Class.

No. If you exclude yourself, you will not be entitled to receive any benefits from the settlement.

No. Unless you exclude yourself, you give up any right to sue ESO and any other Related Entities for any claim that could have been or was brought relating to the Data Incident. You must exclude yourself from the Settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. 

To exclude yourself, send an individually signed and timely submitted written notice of such intent to the Settlement Administrator at the address below. The written notice must clearly manifest the Person’s intent to opt-out of the Class. To be effective, written notice must be postmarked no later than February 10, 2026, to:

In re ESO Solutions, Inc. Data Breach Litigation

c/o Kroll Settlement Administration LLC

P.O. Box 5324

New York, NY 10150-5324

If you do not opt-out of the Class in the manner above, you will be bound by the terms of the Settlement Agreement and Judgment entered by the Court.

You can tell the Court that you do not agree with the settlement, and/or Attorneys’ Fees, Costs, and Expenses and/or Service Awards for Plaintiffs or some part of it by objecting to the settlement. Objections must be: (1) mailed, to Gary Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC, as Class Counsel; and Christopher J. Seusing of Wood Smith Henning & Berman, LLP, as counsel for Defendant; and (2) filed with the Court through the Court’s ECF system or submitted to the Clerk of the Court for the U.S. District Court for the Western District of Texas, with a postmark date no later than the February 10, 2026.

The objection must state: 

1. the objector’s full name, address, telephone number, and e-mail address (if any); 
2. the case name and docket number; 
3. information identifying the objector as a Class Member, including proof that the objector is a member of the Class (e.g., copy of the objector’s Settlement Notice, copy of original notice of the Data Incident, or a statement explaining why the objector believes they are a Class Member); 
4. a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; 
5. the identity of any and all counsel representing the objector in connection with the objection; 
6. a statement whether the objector and/or their counsel will appear at the Final Fairness Hearing; and 
7. the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection. 

Objecting is telling the Court that you do not like the settlement or parts of it and why you do not think it should be approved. You can object only if you are a Class Member. Excluding yourself is telling the Court that you do not want to be part of the Class and do not want to receive any Settlement Benefit from the settlement. 

Yes. The Court appointed Bryan L. Bleichner of Chestnut Cambronne PA, Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC, John A. Yanchunis of Morgan & Morgan Complex Litigation Group, and Bruce W. Steckler of Steckler Wayne & Love, PLLC, as Class Counsel to represent the Class in settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Plaintiffs and Class Counsel shall move for an award of Attorneys’ Fees, Costs, and Expenses at or below one-third (33.33%) of the Settlement Fund, or approximately $255,808, plus the reasonable litigation expenses actually incurred. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the settlement and will be the only payment to them for their efforts in achieving this settlement and for their risk in undertaking this representation on a wholly contingent basis.

Subject to Court approval, Plaintiffs intend to request Service Awards in the amount of $2,500 for each of the Plaintiffs as a result of Plaintiffs’ time and efforts expended on behalf of the Class.

Any Attorneys’ Fees, Costs, and Expenses and/or Service Awards payments must be approved by the Court. The Court may award less than the amounts requested.

The Court will hold a Final Fairness Hearing on April 16, 2026 at 9:00 AM CT, at the United States District Court, Western District of Texas, Austin Division, 501 W. 5th Street, Austin, Texas 78701 as ordered by the Court. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the Attorneys’ Fees, Costs, and Expenses and/or Service Awards payments. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this website or calling (833) 630-5360.

No. Class Counsel will present the Class to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 15, the Court will consider it.

You may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must file an objection according to the instructions in Question 15, including all the information required. Your objection must be: (1) mailed to Gary Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC, as Class Counsel; and Christopher J. Seusing of Wood Smith Henning & Berman, LLP, as counsel for Defendant; and (2) filed with the Court through the Court’s ECF system or submitted to the Clerk of the Court for the U.S. District Court for the Western District of Texas, at the mailing addresses listed above, with a postmark date no later than February 10, 2026.

If you do nothing, you will not receive any Settlement Benefits from this settlement. If the settlement is granted final approval and becomes Final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against ESO or the other Related Entities based on any claim that could have been or that was brought relating to the Data Incident.

The Notice summarizes the settlement. More details are in the Settlement Agreement itself.  A copy of the Settlement Agreement is available here. You may also call the Settlement Administrator with questions or to receive a Claim Form at (833) 630-5360.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below, calling toll-free (833) 630-5360 or at the Contact page of the Settlement Website:

In re ESO Solutions, Inc. Data Breach Litigation

c/o Kroll Settlement Administration LLC

P.O. Box 5324

New York, NY 10150-5324

PLEASE DO NOT CONTACT THE COURT, CLERK OF THE COURT OR CLASS COUNSEL FOR INFORMATION ABOUT THE CLASS ACTION SETTLEMENT