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 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 District Court for Oklahoma County, Oklahoma, 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 In re Communication Federal Credit Union Data Breach Litigation, Case No. CJ-2024-5388. It is pending in the District Court for Oklahoma County, Oklahoma. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, Communication Federal Credit Union, is called the “Defendant.”
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This lawsuit alleges that during the period December 31, 2023, through January 11, 2024, a targeted cyberattack affected CFCU's computer systems, through which certain files that contained private information were potentially accessed. These files contained personal information such as names; dates of birth; addresses; Social Security numbers; driver’s license numbers; and financial information (e.g., bank account information, and bank card 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 Breanna Arend; Donovan Jackson; Ann Corbly; Michael Traylor, on behalf of himself and on behalf of Minor Child T.N.T.; Frandelind Traylor, on behalf of herself and on behalf of Minor Child L.V.T.; Anthony Derieux; and Charlotte Hall, and everyone included in this Action are the Class Members.
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CFCU denies that it did anything wrong, and the Court has not decided 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 residents of the United States whose Personal Information was potentially exposed in the Data Incident, including all individuals who were sent a breach notification letter.” |
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Yes. Excluded from the Class are: (1) the Judge in this case, and the Judge’s family and staff, (2) CFCU and its officers and directors; (3) anyone who validly excludes themselves from the Settlement; and (4) anyone who perpetrated the Data Incident.
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:
CFCU Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
(844) 496-1149
info@CFCUDataIncidentSettlement.com
You may also view the Settlement Agreement here.
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CFCU will establish a Settlement Fund of $2,900,000.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, Service Award payments for the Plaintiffs, and the costs of administering the Settlement. All of the remaining money will be used to pay for the benefits described below.
You may enroll in Identity Theft Protection and Credit Monitoring services AND select one of two cash payment options. The options are explained below.
Identity Theft Protection and Credit Monitoring Services: All Class Members can enroll in three (3) years of Identity Theft Protection and Credit Monitoring services from a credit bureau. This benefit includes $1 million of identity protection insurance.
Cash Payment Options: All Class Members can also claim one of the following payment options:
Option 1: Out-of-Pocket Losses. If the Data Security Incident caused you actual, documented out-of-pocket losses, you can bet back up to $7,500.00. The losses must have occurred between December 31, 2022, and December 22, 2025. This benefit covers out-of-pocket expenses like:
fees for credit reports, credit monitoring, or freezing and unfreezing your credit;
cost to replace your IDs;
postage to contact banks by mail; and
losses from identity theft or fraud
You need to send proof, like receipts or bank statements, 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.
Option 2: Pro Rata Cash Payment. Instead of submitting a claim for Out-of-Pocket Losses, you can claim a share of the Settlement Fund. This payment is expected to be about $125.00 but may be smaller or larger. The actual amount will depend on the number of claims filed.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
CFCU Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
(844) 496-1149
info@CFCUDataIncidentSettlement.com
Full details are provided in Paragraph 4.1.2 of the Settlement Agreement.
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If you stay in the class, you won’t be able to be part of any other lawsuit against CFCU about the issues that this Settlement covers. The “Release” section of the Settlement Agreement (Section 9) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online. If you prefer, you can download a printable Claim Form and mail it to the Settlement Administrator at:
CFCU Data Incident Settlement
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, toll free, (844) 496-1149, by email info@CFCUDataIncidentSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by December 22, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than December 22, 2025.
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The Court will hold a final approval hearing on January 7, 2026 (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 William B. Federman of Federman & Sherwood and A. Brooke Murphy of Murphy Law Firm, 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 an award of attorneys’ fees of up to one-third (1/3) of the Settlement Fund and reimbursement of litigation expenses up to $35,000.00, which will be paid from the Settlement Fund.
Class Counsel will also ask for Services Award payments of $2,500.00 for each of the Class Representatives. Service Award Payments will also be paid from the Settlement Fund.
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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 CFCU 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 November 21, 2025.
To be valid, your Request for Exclusion must have the following information:
the name of the Action: In re Communication Federal Credit Union Data Breach Litigation, Case No. CJ-2024-5388, pending in the District Court for Oklahoma County, Oklahoma;
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:
CFCU Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799
Your Request for Exclusion must be postmarked or emailed by November 21, 2025.
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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 Action: In re Communication Federal Credit Union Data Breach Litigation, Case No. CJ-2024-5388, pending in the District Court for Oklahoma County, Oklahoma;
your full name, mailing address, telephone number, and email address;
a clear description of all the reasons you object; include any legal support you may have for your objection;
if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and telephone number;
if you or your lawyer have objected in any other cases in the past three years, list the names, courts, and civil action numbers for each of those cases;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
your signature (or, if you have hired your own lawyer, your lawyer’s signature).
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 November 21, 2025. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and CFCU’s lawyers.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | CFCU Data Incident Settlement |
Class Counsel | Counsel for Defendants |
William B. Federman | Nathan Whatley |
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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 January 7, 2026, at 10:00 a.m. Central Time, in Room 809 of the District Court for Oklahoma County, Oklahoma, at 321 Park Ave., Oklahoma City, OK 73102.
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 is a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page of this website.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
CFCU Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
(844) 496-1149
info@CFCUDataIncidentSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 321 Park Ave., Oklahoma City, OK 73102.
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