SETTLEMENT WEBSITE OF PROPOSED CLASS ACTION SETTLEMENT, SEPTEMBER 29, 2025
FAIRNESS HEARING AND SETTLEMENT CLASS MEMBERS’ RIGHTS
This Settlement Website of Proposed Class Action Settlement, September 29, 2025 Fairness Hearing and Settlement Class Members’ Rights is given pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the U.S. District Court for the Eastern District of Pennsylvania (the “Court”). It is not a junk website, an advertisement, or a solicitation from a lawyer. You have not been sued.
PLEASE READ THIS ENTIRE SETTLEMENT WEBSITE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY THE PROCEEDINGS IN THE ABOVE-CAPTIONED ACTION (“ACTION”). THIS SETTLEMENT WEBSITE ADVISES YOU OF YOUR RIGHTS AND OPTIONS WITH RESPECT TO THIS ACTION, INCLUDING WHAT YOU MUST DO IF YOU WISH TO SHARE IN THE PROCEEDS OF THE SETTLEMENT.
TO: ALL PERSONS IN THE UNITED STATES WHOSE PERSONAL INFORMATION WAS COMPROMISED IN THE DATA BREACH DISCLOSED BY NCB ON OR ABOUT MARCH 24, 2023, INCLUDING ALL WHO WERE SENT NOTICE OF THE DATA BREACH.
The purpose of this Website is to inform you of a proposed settlement in this Action (the “Settlement”) with
Defendant NCB Management Services, Inc. (“NCB”). Plaintiffs Joseph Lindquist, Lillian Mardikian, Howard Suh, Ernesto Medina, Benedict Lozada, Edward Del Hierro, Tobi Patterson, Jude-Law Palmer, Kevin Bliss, Michael Teixeira, Diane Ross, Jacqueline O’Brien, Kelly Matts, Micael Martin, Christine Neubauer, and Bryan Woodlow (“Plaintiffs”) entered into the Settlement Agreement with NCB on April 10, 2025.
If you were notified of this Settlement, your Personal Information may have been accessed, stolen or compromised during the unauthorized third-party access to NCB’s systems that was made public by NCB on or about March 24, 2023 (the “Data Breach”).
Please do not contact the Court regarding this Settlement Website. Inquiries concerning the Notice, the Settlement Claim Form, or any other questions by Settlement Class Members should be directed to the Claims Administrator:
In re: NCB Management Services, Inc. Data Breach Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
(833) 421-6696
Plaintiffs allege that NCB failed to implement reasonable data security measures to protect certain individuals’ Personal Information and, as a result of the Data Breach, Plaintiffs’ and Settlement Class Members’ Personal Information was accessed, stolen, or compromised. Plaintiffs sued NCB, asserting legal claims for negligence, negligence per se, breach of implied contract, breach of contract – third party beneficiaries, invasion of privacy, unjust enrichment, violations of state consumer protection and data privacy statutes and the Driver’s Privacy Protection Act, declaratory and injunctive relief, and breach of contract. NCB disputes Plaintiffs’ allegations and denies, among other things, that it failed to properly protect any personal data, had inadequate data security, or that it violated any state or federal laws. Plaintiffs and NCB have agreed to the Settlement to avoid the uncertainty and risk of further litigation.
The Court has preliminarily approved the Settlement with NCB. To resolve all Released Claims against all Released Parties, NCB has agreed to pay a total of $2,625,000. In exchange, Settlement Class Members who do not opt-out of the Settlement will release their claims against NCB and certain other Released Parties in the Action.
The following table contains a summary of your rights and options regarding the Settlement. More detailed information about your rights and options can be found in the Settlement Agreement, which is available on the Documents page of this Settlement Website.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|---|---|
DO NOTHING | If you do nothing, you will not receive any of the Settlement Benefits and you will give up your rights to sue NCB and the other Released Parties for the claims this Settlement resolves. You will be bound by past and any future Court rulings, including rulings on the Settlement, if approved, and the Settlement release. See FAQ 16. |
FILE A SETTLEMENT CLAIM FORM | Submitting a Settlement Claim Form is the only way that you can receive any of the Settlement Benefits provided by this Settlement. If you submit a Settlement Claim Form, you will give up the right to sue NCB and the other Released Parties (as defined in the Settlement Agreement) in a separate lawsuit about the legal claims this Settlement resolves. You must submit your Settlement Claim Form by August 26, 2025, via this Settlement Website. You may also mail your Settlement Claim Form to the Claims Administrator as long as it is postmarked on or before August 26, 2025. See FAQ 11. |
EXCLUDE YOURSELF FROM THE SETTLEMENT | If you wish to exclude yourself from the Settlement, you must submit a written request received by August 26, 2025. If you exclude yourself, you will not be bound by the Settlement, if approved, or the Settlement release, and you will not be eligible for any payment from the Settlement. See FAQs 17-21. |
OBJECT TO THE SETTLEMENT | If you wish to object to the Settlement, you must file a written objection with the Court and concurrently serve copies on Class Counsel and NCB’s Counsel received by August 26, 2025. You must be and remain a Settlement Class Member to object. See FAQs 22 and 23. |
ATTEND THE FAIRNESS HEARING | You may ask the Court for permission to speak about the Settlement at the Fairness Hearing by including such a request in your written objection, which you must file with the Court and serve on Class Counsel and NCB’s Counsel by August 26, 2025. The Fairness Hearing is scheduled for September 29, 2025, at 10AM ET. See FAQs 26-28. |
APPEAR THROUGH AN ATTORNEY | You may enter an appearance through your own counsel at your own expense. See FAQs 22 & 28. |
These rights and options, and the deadlines to exercise them are explained on this Settlement Website. The capitalized terms used on this Settlement Website are explained or defined below or in the Settlement Agreement, which is available on the Documents page of this Settlement Website.
The Court has appointed the lawyers listed below (“Class Counsel”) to represent you and the Settlement Class in this Action:
| Benjamin F. Johns SHUB JOHNS & HOLBROOK LLP Four Tower Bridge 200 Barr Harbor Drive, Suite 400 Conshohocken, PA 19428 Tel: (610) 477-8380 Email: [email protected] | Christian Levis LOWEY DANNENBERG, P.C. 44 South Broadway, Suite 1100 White Plains, NY 10601 Tel: (914) 733-7205 Email: [email protected] |
| Joseph M. Lyon THE LYON LAW FIRM, LLC 2754 Erie Avenue Cincinnati, OH 45208 Tel: (513) 381-2333 Email: [email protected] |
Please regularly visit this Settlement Website for updates relating to the Settlement.