1. Why was the Notice issued?
2. What is a class action?
3. What is this lawsuit about?
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 United States District Court for the Western District of 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. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called In re Express Services, Inc. Data Breach Litigation, Case No. 5:24-cv-00974. It is pending in the United States District Court for the Western District of Oklahoma. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Express Services, Inc., is called the “Defendant.”
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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 Kurtis Sabo, Russell Karli, and Kristin Lunsford. Everyone included in this Action are the Class Members.
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This lawsuit alleges that during the May 2024, targeted cyberattack on Express Services' computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; Social Security numbers; driver’s license numbers; financial information; medical information; and health insurance information.
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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. The Plaintiffs and their attorney think the Settlement is best for all Class Members.
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The court has defined the Class this way: “All Persons whose Private Information was potentially compromised as a result of the Incident.”
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Yes. Excluded from the Class are: (1) the Judge in this case, and the Judge’s family and staff; (2) Express Services and its employees, 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:
Express Services Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4923
info@ExpressServicesDataSettlement.com
You may also view the Settlement Agreement by clicking here.
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Express Services has agreed to pay for a number of different benefits. All Class Members may enroll in three years of Credit Monitoring Services and one of two Cash Payment options. The benefits are explained below.
Credit Monitoring Services: All Class Members are eligible to enroll in three years of Credit Monitoring Services from by a credit bureau. This benefit comes with $1 million in identity theft insurance, and includes:
real time monitoring of your credit file
dark web scanning
comprehensive public records monitoring
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payment Options
Option 1: You may select one or more of the following payments if they apply to you.
Out-of-Pocket Expenses. If you incurred actual, documented out-of-pocket expenses due to the Data Incident, you can get back up to $800.00. The losses must have occurred between May 7, 2024, and January 15, 2026.
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
You need to send proof, like receipts, 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.
Losses for Identity Theft or Fraud. If you lost money because of identity theft or fraud, you can get back up to $5,000.00.
You will need to show that:
the theft or fraud was probably caused by the Data Incident
the losses are not already covered by Out-of-Pocket Expenses
you tried to prevent the loss or get your money back, such as by using insurance you already have
The losses must have occurred between May 7, 2024, and January 15, 2026.
You need to send proof, like receipts, 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.
Cash Payment for Lost Time. Class Members who spent time responding to the Data Incident may claim up to four hours, at $25.00 per hour, for a maximum of $100.00.
You must have spent the time on tasks related to the Data Incident. Some examples include things like:
changing your passwords
investigating suspicious activity in your accounts
researching the Data Incident
You must briefly describe how you spent this time.
If you are also claiming an Out-of-Pocket Expenses payment, the combined total is capped at $800.00.
Option 2: Alternative Cash Payment. Instead of any of the benefits in Option 1, you may claim a one-time cash payment of $75.00. You do not have to provide any proof or explanation to claim this payment.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Express Services Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4923
info@ExpressServicesDataSettlement.com
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If you stay in the class, you won’t be able to be part of any other lawsuit against Express Services about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section VI) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available by clicking here.
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The fastest way to submit your Claim Form is online by clicking here. If you prefer, you can download a printable Claim Form from here and mail it to the Settlement Administrator at:
Express Services Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833) 417-4923, by email info@ExpressServicesDataSettlement.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 January 15, 2026. 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 January 15, 2026.
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The Court will hold a final approval hearing on January 21, 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 attorney William B. Federman of Federman & Sherwood, 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 $222,500.00 as reasonable attorney's fees and costs of litigation. This amount will be paid by Express Services.
Class Counsel will also ask for Service Award payments of $3,000.00 for each of the Class Representatives. Service Award payments will also be paid by Express Services.
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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 Express Services 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 December 16, 2025.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: In re Express Services, Inc. Data Breach Litigation, Case No. 5:24-cv-00974, pending in the United States District Court for the Western District of 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:
Express Services Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked by December 16, 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 Litigation: In re Express Services, Inc. Data Breach Litigation, Case No. 5:24-cv-00974, pending in the United States District Court for the Western District of Oklahoma;
your full name, mailing address, telephone number, and email address;
information that proves that you are a Class Member (such as a notice you have received);
whether the objection applies only to you, or to other Class Members, as well;
a clear description of all the reasons you object; include any legal support, such as documents, 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 class action cases, 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;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your 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 December 16, 2025. You must also send a copy of the objection to the Settlement Administrator.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Express Services Data Incident Settlement |
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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 21, 2026, at 10:00 am Central Time, in Room 1210, of the United States District Court for the Western District of Oklahoma, at 200 NW 4th St, 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 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:
Express Services Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4923
info@ExpressServicesDataSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 200 NW 4th St, Room 1210 Oklahoma City, OK 73102.
Do not contact the Court or Clerk of Court regarding this Settlement.
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