Arreola v. Benworth Capital: Data Incident Settlement Claims

Who is included in the settlement?

• You must be a living person living in the United States who received Benworth’s notice saying your private information may have been affected.
• You are not included if you are a Benworth director, officer, or agent; a government entity; the assigned judge, the judge’s immediate family, or court staff; Joseph Boggan; or someone who properly leaves the settlement.

What cash options are available, and can I receive both?

• Documented Losses: You may claim up to $5,000 for qualifying losses, with documentation.
• Alternative Cash: You may instead claim an estimated $50 without providing loss documentation.
• These are cash alternatives, so the notice presents them as a choice between the two options. Credit monitoring is separate and is provided automatically to class members who remain in the settlement.

What do I need for a Documented Losses claim?

• The loss must be actual, documented, unreimbursed, and more likely than not caused by the data incident. For the examples in the notice, it also must have been incurred after the incident.
• Useful records can include telephone records, emails or other correspondence, and receipts. Handwritten or other self-prepared records alone are not enough.
• You cannot be paid again for an expense already reimbursed by another source. A claim can be denied if the documentation is not reasonable or if an incomplete claim is not corrected.

How do I seek a cash payment, and what is the deadline?

• A claim is required for either cash option. You may submit it online or mail it to the Settlement Administrator.
• Online claims must be completed and submitted by December 21, 2026. Mailed claims must be postmarked by that date.
• Mail claims to: Benworth Settlement, Settlement Administrator, P.O. Box 25226, Santa Ana, CA 92799.

How does the free credit monitoring work?

• You do not need to file a claim. The activation code is on your settlement notice.
• Keep the notice. The code can be activated only after the court gives final approval.
• After final approval, the notice directs class members to the settlement website or telephone number for activation instructions.

What happens if I opt out, and how do I do it?

• Leaving the settlement is called opting out. You will receive no settlement benefits, including no cash payment, and you cannot object to the settlement.
• To opt out, mail a signed written request with your name, address, telephone number, email address, and a statement that you want to opt out.
• It must be postmarked by December 4, 2026. You cannot opt out by telephone or email.

How do I object to the settlement?

• You may object only if you stay in the settlement; someone who opts out cannot object.
• File your written objection with the court so it is received by December 4, 2026. Also send it to Class Counsel, Benworth’s counsel, and the Settlement Administrator by U.S. mail or private courier, postmarked by December 4, 2026.
• The notice lists detailed information that an objection must contain, including your contact details, reasons for objecting, required information about prior objections, and your personal signature.

When will benefits be available?

• Benefits will be provided after the court approves the settlement, but the notice does not give a payment date.
• The final approval hearing is scheduled for January 15, 2027, at 8:45 a.m. EST. The hearing date or time may change.
• Court approval is required before benefits are provided, and credit monitoring cannot be activated until final approval.