DG3 Data Breach Litigation

A court authorized a Notice because you have the right to know about the 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 and this website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

The Honorable William J. Martini of the United States District Court for the District of New Jersey is overseeing this class action. The lawsuit is known as Daniel Cunningham, et al. v. DG3 North America, Inc., et al., Case No. 2:24-cv-07385 (the “lawsuit”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the companies sued, DG3 North America, Inc., John Hancock Investment Management, LLC, and UBS Financial Services, Inc., are called the “Defendants.”

Plaintiffs filed this lawsuit against Defendants on behalf of members of the Settlement Class regarding unauthorized access to the Private information of members of Settlement Class involved in the Data Incident.

Plaintiffs allege it was detected that a cybercriminal organization accessed Private Information belonging to DG3’s clients’ current and former customers between January 30, 2024, and March 19, 2024. Plaintiffs allege negligence, negligence per se, breach of implied contract, breach of third-party beneficiary contract, breach of fiduciary duty, breach of confidence, unjust enrichment, and violation of the Illinois Consumer Fraud Act by Defendants.

Defendants deny the legal claims and deny any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendants, or that any law has been violated. Instead, the Plaintiffs and Defendants have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt-out) from the class.

Plaintiffs and Defendants do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendants. Instead, the Plaintiffs and Defendants have agreed to settle the lawsuit. The Class Representatives, Defendants, and their lawyers believe the Settlement is best for Settlement Class Members because of the Settlement Class Member Benefits available and the risks and uncertainty associated with continuing the lawsuit. The Settlement is not an admission of wrongdoing by the Defendants.

You are a member of the Settlement Class if you are a person residing in the United States whose Private Information was potentially compromised as a result of the Data Incident.

You are a Group 1 Settlement Class Member if your Social Security number was included in the Private Information compromised in the Data Incident.

You are a Group 2 Settlement Class Member if your Social Security number was not included in the Private Information compromised in the Data Incident.

Settlement Class Members will have been mailed notice of their eligibility.

Yes. Excluded from the Settlement Class are: (a) The Judge(s) to whom the lawsuit is assigned and any member of the Judge’s staffs or immediate family members; (b) counsel for the Parties, any member of their respective staffs who worked directly on the lawsuit, and any member of their immediate families; (c) any governmental entity; (d) any entity in which any of the Defendants have a controlling interest; and (e) any of Defendants’ subsidiaries, parents, affiliates, and officers, directors, legal representatives, heirs, successors, or assigns.

Settlement Class Members have been mailed notice of their eligibility. You may also send your inquiry to the Settlement Administrator:

DG3 Data Breach Litigation
Settlement Administrator
PO Box 2668
Portland, OR 97208-2668

Under the proposed Settlement, Defendant DG3 North America, Inc. will pay (or cause to be paid) $600,000 into a Settlement Fund. The Settlement Fund, plus interest accrued thereon, will pay notice and administration costs, Court-approved attorneys’ fees and costs, Court-approved service awards for class representatives, and certain Settlement Fund taxes and tax expenses (the “Net Settlement Fund”). The Net Settlement Fund will be used to provide eligible Settlement Class Members with payments and benefits described below.¹

If you are a member of the Settlement Class and you submit a timely and valid Claim Form here, you may be eligible to receive the following Settlement Class Member Benefits:

Reimbursement for Documented Losses

You may submit a Claim Form and provide reasonable documentation for losses related to the Data Incident for up to $2,500 per Settlement Class Member.

Documented Losses are unreimbursed costs or expenditures including, without limitation, the following: (i) unreimbursed costs, expenses, losses or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of class member’s personal information;
(ii) costs incurred on or after January 30, 2024, associated with purchasing or extending additional credit monitoring or identity theft protection services and/or accessing or freezing/unfreezing credit reports with any credit reporting agency; and (iii) other miscellaneous expenses incurred related to any Documented Losses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

Personal certifications, declarations, or affidavits from the Settlement Class Member do not constitute reasonable documentation but may be included to provide clarification, context, or support for other submitted reasonable documentation. You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the identity protection and credit monitoring services offered as part of the notification letter provided by Defendants or otherwise.

Alternative Cash Payment

In lieu of a claim for reimbursement of Documented Losses or an Alternative Cash Payment, you may submit a Claim Form for an Alternative Cash Payment. Claims for an Alternative Cash Payment are capped at a maximum of $100.00 for Group 1 Settlement Subclass Members and $50.00 for Group 2 Settlement Subclass Members.

Credit Monitoring

In addition to a claim for reimbursement of Documented Losses or an Alternative Cash Payment, you may also submit a Claim Form to receive up to three years of free Credit Monitoring.

Confirmatory Discovery: Defendant DG3 North America, Inc. has also agreed to provide documents and information to Class Counsel showing that it has taken data security measures to remedy the issues that led to the Data Security Incident and has implemented other business practices to help ensure information security.

For complete details, please see the Settlement Agreement, available here.

¹If the benefits claimed by all Settlement Class Members meets or exceeds the amount of the Net
Settlement Fund, then the payments and/or benefits for your Claim may be reduced pro rata by the
Settlement Administrator so that the aggregate cost of all payments and benefits does not exceed the
amount of the Net Settlement Fund.

Unless you exclude yourself (opt-out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will 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 the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

Section XIII of the Settlement Agreement describes the Releases, Released Claims, and Released Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here. For questions regarding the Releases, Released Claims, Released Parties, and what the language in the Settlement Agreement means, you can also contact Class Counsel listed below for free, or you can talk to your own lawyer at your own expense.

Kenneth Grunfeld
Kopelowitz Ostrow P.A.
One West Las Olas Blvd., Ste. 500
Fort Lauderdale, FL 33301
grunfeld@kolawyers.com

John Nelson
Milberg Coleman Bryson Phillips Grossman PLLC
402 W. Broadway, Suite 1760
San Diego, CA 92101
jnelson@milberg.com

The deadline to submit a valid claim form passed on September 25, 2025.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

DG3 Data Breach Litigation
Settlement Administrator
PO Box 2668
Portland, OR 97208-2668

As of January 27, 2026, check and digital payments have been sent out to eligible Class Members who submitted a valid claim. Check payments are valid for 180 days.

The deadline to request exclusion from this Settlement passed on September 15, 2025.

No. If you opt-out, you will not be able to receive Settlement Class Member Benefits, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement Class Member Benefits if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you opt-out, you give up any right to sue any of the Released Parties about the Released Claims in this lawsuit, and you will be bound by all the terms of the Settlement, all proceedings, orders, and judgments in the lawsuit. You must opt-out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Released Parties about the Released Claims in this lawsuit. If you have a pending lawsuit, speak to your lawyer in that case immediately.

The deadline to object to this Settlement passed on September 15, 2025.

Yes. The Court has appointed Kenneth Grunfeld of Kopelowitz Ostrow P.A, and John Nelson of Milberg Coleman Bryson Phillips Grossman, PLLC 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 cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Kenneth Grunfeld
Kopelowitz Ostrow P.A.
One West Las Olas Blvd., Ste. 500
Fort Lauderdale, FL 33301
grunfeld@kolawyers.com

John Nelson
Milberg Coleman Bryson Phillips Grossman PLLC
402 W. Broadway, Suite 1760
San Diego, CA 92101
jnelson@milberg.com

Class Counsel will file a motion asking the Court to award attorneys’ fees of up to 1/3rd of the Settlement Fund ($200,000.00), plus reimbursement of reasonable costs. Class Counsel will also ask the Court to approve Service Awards for the Class Representatives of up to $2,500 each for their efforts. If awarded by the Court, the attorneys’ fees and costs, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.

The Court granted final approval on October 14, 2025. Payments to eligible Class Members are expected to occur in January 2026.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file your written objection by the deadline, the Court will consider it.

The Court granted final approval on October 14, 2025. Payments to eligible Class Members are expected to occur in January 2026.

The Notice summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You may get additional by calling toll-free 1-888-828-4857, or by writing to:

DG3 Data Breach Litigation
Settlement Administrator
PO Box 2668
Portland, OR 97208-2668