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 17th Judicial Circuit of 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 captioned Stephanie Fisher, et al. v. Byte Federal, Inc., Case No. CACE25002678, pending in the 17th Judicial Circuit of Broward County, Florida. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, Byte Federal, Inc., is called the “Defendant.”
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This lawsuit alleges that during the November 18, 2024, targeted cyberattack on Byte's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names, dates of birth, addresses, phone numbers, Social Security numbers, government-issued identification documents, transaction information, and photographs.
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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 Stephanie Fischer, Olive Muriithi, Nelson Morris, and Jamie Ann Dawson. 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. 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 whose Private Information was impacted in the Data Incident.”
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Yes. Excluded from the Class are: (a) all persons who are employees, directors, officers, and agents of Defendant, or its respective subsidiaries and affiliated companies; (b) governmental entities; and (c) the Judge(s) assigned to the Action and their immediate family, and Court staff.
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:
Byte Data Incident Settlement
c/o Settlement Administrator
P.O. Box 26170,
Santa Ana, CA 92799
1-833-296-0996
info@ByteDataIncident.com
You may also view the Settlement Agreement here.
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Byte will pay for three benefits. You are not limited to one benefit. You may file a claim for each benefit that you qualify for.
Credit Monitoring Services. All Class Members are eligible to receive 2 years of Credit Monitoring Services from a credit bureau. This benefit is valued at approximately $90.00 per year, and includes the following features:
real time monitoring of the credit file at one bureau;
dark web scanning with immediate notification of potential unauthorized use;
comprehensive public record monitoring;
identity theft insurance (no deductible) up to $1,000,000.00; and
access to fraud resolution agents to help investigate and resolve instances of identity theft.
Cash Payment A – Attested Time Spent. Class Members who spent time responding to the Data Incident may claim up to 4 hours, at $20.00 per hour. You must have spent the time on tasks related to the Data Incident. Some examples include changing your passwords, investigating suspicious activity in your accounts, contacting banks or businesses about suspicious activity, and researching the Data Incident.
You must provide a brief description and attest that you spent the time claimed on tasks related to the Data Incident.
Cash Payment B – Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you may file a claim for reimbursement. The maximum amount of this reimbursement is $3,000.00.
This benefit covers out-of-pocket expenses like:
unreimbursed losses relating to fraud or identity theft;
professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services;
costs associated with freezing or unfreezing credit with any credit reporting agency;
credit monitoring costs that were incurred on or after mailing of the notice of the cybersecurity incident, through the date of claim submission; and
miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges;
You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to clarify or support other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Byte Data Incident Settlement
c/o Settlement Administrator
P.O. Box 26170,
Santa Ana, CA 92799
1-833-296-0996
info@ByteDataIncident.com
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Unless you opt out of the Settlement, you won’t be able to sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement (Section XIII) 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 here or using the “File a Claim” link above. If you prefer, you can download the Claim Form here and mail it to the Settlement Administrator at:
Byte Data Incident Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 95799.
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, 1-833-296-0996, by email info@ByteDataIncident.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 August 19, 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 August 19, 2025.
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The Court will hold a Final Approval Hearing on September 3, 2025, at 8:30 a.m. (see Question 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 appointed attorneys Jeff Ostrow of Kopelowitz Ostrow P.A.; Mariya Weeks of Milberg Coleman Bryson Phillips Grossman PLLC; Andrew Shamis of Shamis & Gentile, P.A., and A. Brooke Murphy of the 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 reasonable attorneys’ fees and costs of up to $150,000.00, which will be paid by Byte.
Class Counsel will also ask for Service Awards of $2,500.00 for each of the Class Representatives. Service Awards will 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 a Settlement payment, but you will keep any rights you may have to sue Byte 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 August 4, 2025.
To be valid, your Request for Exclusion must have the following information:
the name of the Action: Stephanie Fisher, et al. v. Byte Federal, Inc., Case No. CACE25002678, pending in the 17th Judicial Circuit of Broward County, Florida;
your full name, mailing address, telephone number, and email address (if any);
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:
Byte Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 26170
Santa Ana, CA 92799
Your Request for Exclusion must be submitted, postmarked, or emailed by August 4, 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 Question 15)
You must provide the following information for the Court to consider your objection:
the name of the Action: Stephanie Fisher, et al. v. Byte Federal, Inc., Case No. CACE25002678, pending in the 17th Judicial Circuit of Broward County, Florida;
your full name, mailing address, telephone number, and email address (if any);
a clear description of all the reasons you object; include any legal support you may have for your objection;
how many times you have objected to a class action settlement in the last 5 years, the caption of each case, and copies of any orders or rulings related to your objections that were issued by the court;
if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and contact information;
how many times your lawyer has objected to a class action settlement in the last 5 years, the caption of each case, and copies of any orders or rulings related to their objections that were issued by the court;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
clearly state whether you intend to personally appear at the Final Approval Hearing; and
your signature (or, if you have hired your own lawyer, your lawyer’s 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 August 4, 2025. You must also send copies of the objection to Class Counsel and both counsel for Defendant.
Clerk of the Court | Class Counsel | Counsel for Defendant |
Clerk of the Court | Jeff Ostrow | Alfred John Saikali |
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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 Hearing on September 3, 2025, at 8:30 a.m. Eastern Time, in Room 16155 of the 17th Judicial Circuit of Broward County, Florida, at the Broward County Courthouse, 201 SE 6th Street, Fort Lauderdale, Florida.
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 Awards to the Class Representatives who brought this Action on behalf of the Class. 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 Question 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 Question 8.
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This Website 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:
Byte Data Incident Settlement
c/o Settlement Administrator
P.O. Box 26170,
Santa Ana, CA 92799
1-833-296-0996
info@ByteDataIncident.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, Central Courthouse, Judicial Complex, West Building, 201 S.E. 6th Street, Fort Lauderdale, FL 33301.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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