EFS Advisors Aviben Data Breach Settlement: What You Can Claim

The proposed settlement covers people whose private information was accessed in the 2024 EFS Advisors and Aviben data breach. They can claim up to $2,500 for documented losses or a $50 cash payment, plus one year of three-bureau credit monitoring. Claims are due October 22, 2026, and the court has not yet approved it.

EFS Data Security Incident Settlement
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Benefit Summary

Eligible class members may receive choose one: Up to $2,500 documented losses plus One year credit monitoring or $50 alternative cash payment plus One year credit monitoring.

Aggregate benefits cap: $850,000.00.

Available Awards

Up to $2,500 documented losses OR $50 alternative cash payment

Who Is Included

The proposed class includes living people in the United States whose Private Information was potentially accessed in the Data Security Incident. Exclusions apply to Defendants’ directors, officers, and agents; governmental entities; the assigned judge, that judge’s immediate family, and court staff.

  • Proof required: A claim form is required for benefits. For documented out-of-pocket losses, submit reasonable non-self-prepared records supporting the costs, such as receipts, credit card or bank statements, invoices, or telephone records. Handwritten receipts alone are insufficient, though they may support other records. Claims cannot recover expenses already reimbursed by another source. Fraud or identity-theft loss claims also require reasonable efforts to seek reimbursement or avoid the loss, including exhausting available credit-monitoring and identity-theft insurance.

Claim and Payment Information

  • Claim method: Online submission or mail
  • Claim deadline: 2026-10-22
  • Instructions: Submit a claim online through the settlement website, or complete a claim form and return it by mail with any supporting documentation.

Questions & Answers

What benefits can I claim, and can I receive more than one?

The monitoring benefit can be claimed along with one of the cash options. The two cash options are alternatives, not payments that can be added together.

  • You may claim one year of three-bureau credit monitoring with at least $1 million in theft-protection insurance.
  • You must choose one cash option: reimbursement of eligible documented losses, up to $2,500, or a $50 one-time alternative payment. The $50 option is for people who are not seeking documented-loss reimbursement.
  • A timely, valid Claim Form is required for both the monitoring and cash benefits.

What losses may qualify for the up-to-$2,500 documented-loss payment?

The notice gives examples rather than a complete list. A claim for documented losses is not simply a payment for time spent dealing with the incident; it is reimbursement for qualifying losses that you can support and connect to the incident.

  • The loss must be an unreimbursed out-of-pocket loss fairly traceable to the data security incident.
  • Possible expenses include certain bank, phone, data, postage, and local-travel charges. It may also include qualifying credit-report, credit-monitoring, or identity-theft insurance purchases made from February 22, 2024, through October 22, 2026.
  • Fraud or identity-theft losses must have occurred after the incident and before October 22, 2026. The claimant must also have made reasonable efforts to obtain reimbursement or avoid the loss, including using available credit-monitoring and identity-theft insurance.
  • You cannot recover an expense that another source already reimbursed.

What proof do I need for a documented-loss claim?

Keep documents that show what you paid and help show why the expense is connected to the incident. The notice specifically requires documentation for ordinary documented-loss claims.

  • Provide reasonable records that support the costs, such as receipts, credit-card statements, bank statements, invoices, telephone records, or other records not prepared by the claimant.
  • A handwritten receipt or other self-prepared record cannot by itself establish a reimbursement claim, though it can help explain other records.
  • The notice does not state that supporting documents are needed for the $50 alternative payment or for credit monitoring.

How and when do I submit a claim?

The notice treats filing a claim as necessary: people who do not submit one do not receive benefits.

  • Submit a Claim Form online by October 22, 2026, or mail it so it is postmarked by October 22, 2026.
  • The notice says an online form and a downloadable mail form are available through the settlement website. A mailed claim and supporting documents go to: EFS Data Security Incident Settlement, Attn: Claim Forms, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
  • If you received a mailed notice with a Claim Form attached, you may complete and return that form.

Is the cash payment guaranteed, and when would benefits be sent?

The stated $2,500 maximum and $50 amount are not necessarily the final cash amounts paid because of the overall cap and possible proportional reductions.

  • The $850,000 cap covers much more than class-member payments. It also includes attorney fees and costs, service awards, notice and administration expenses, credit monitoring, and other settlement-required payments.
  • If approved claims and these other costs exceed the cap, cash payments will be reduced proportionally. The notice does not state the final amount any claimant will receive.
  • Credit-monitoring activation instructions will be emailed after approval and finality. Cash will be sent using the payment option selected on the Claim Form.
  • There is no promised payment date. Approval, finality, and possible appeals can delay benefits.

What happens if I do nothing?

Submitting a claim and deciding whether to remain in or seek exclusion from the settlement are separate choices. The notice says doing nothing does not preserve a payment claim or covered lawsuit rights.

  • A person who stays in the settlement class but does nothing will not receive settlement benefits.
  • If the settlement is approved and becomes final, that person will also give up the covered rights to sue, continue a lawsuit, or join another lawsuit against the defendants and other released parties over the claims resolved here.

What must I do if I want to object to the settlement?

Objecting means asking the Court not to approve some or all of the settlement. It is different from leaving the settlement. The notice says only someone who remains in the settlement class can object.

  • A written objection must be filed with the Isanti County (Minnesota) District Court by October 7, 2026.
  • A copy must also be sent to the settlement administrator, class counsel, and defendants' counsel by that date.
  • The objection has detailed content requirements, including the objector’s contact information, grounds for the objection, signature, and information about prior objections. Someone who wants to speak at the hearing must say so in the written objection.
  • The hearing is scheduled for November 6, 2026, at 9:00 a.m. CT by Zoom, but the notice says the date and time may change.

Other Important Dates

  • Exclusion deadline: 2026-10-07
  • Objection deadline: 2026-10-07
  • Final approval hearing: November 6, 2026, at 9:00 a.m. CT
  • Hearing location: via Zoom

Case Details

  • Case name: Kennedy, et al., v. EFS Advisors, LLC, et al.
  • Case number: 30-cv-24-649
  • Court: Isanti County (Minnesota) District Court
  • Administrator: EFS Data Security Incident Settlement
  • Official Settlement Website: https://www.EFSDataSettlement.com

Sources

Official Settlement Website
Claim form, FAQ, deadlines, administrator information
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Official Settlement Notice (PDF)
Court-approved notice describing eligibility and benefits
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Official Notice

Read the notice PDF or the text version below.

Official Notice PDF
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Information last updated on 2026-10-07