Gois v. Kisco Senior Living Data Incident Settlement

Receiving notice from Kisco is the basic requirement. The notice also lists exclusions, so receiving a notice alone does not necessarily settle every eligibility question.

• You must be an individual U.S. resident who received Kisco’s written notice of the Data Incident.
• Some people are excluded, including Kisco officers, directors, members, and shareholders; people who validly opt out; specified court personnel and their immediate families; and people found criminally responsible for causing or helping cause the incident.

The Residual Cash Payment is not a fixed amount. It depends on how much money remains in the Settlement Fund and how many people have timely approved claims.

• The residual amount is what remains after the benefits and costs listed in the notice are paid.
• It is divided equally among Settlement Class Members with timely approved claims.
• The notice says this includes people with an approved claim for a Residual Cash Payment or another settlement benefit. In other words, a qualifying approved claimant may receive a share of the remainder even if their approved claim was for another benefit.

The listed dollar figures are caps, not guaranteed payments. The amount can be lower if approved claims exceed the money available under the notice’s funding rules.

• Ordinary-loss, extraordinary-loss, Attested Time, and California statutory claims can be reduced proportionally if the available money left in the fund is not enough for all approved claims in those categories.
• The fund first covers credit-monitoring claims and specified settlement costs, including approved fees, expenses, and service awards, before the notice’s proportional-reduction calculation for those monetary claims.

A handwritten receipt by itself is not enough for a loss claim. The notice says the Claims Administrator may ask a claimant for more information, and not providing required information in time will invalidate the claim.

• For ordinary losses, provide supporting documentation, such as receipts or other records not prepared by you, plus a short explanation if the documents do not make the loss clear.
• For extraordinary losses, provide documentation and a description if needed. The loss must be actual, unreimbursed, and tied to identity theft, fraud, a false tax return, or other misuse of personal information. You also must have made reasonable efforts to avoid or recover the loss, including using available monitoring or identity-theft insurance.
• For time spent, you need an attestation and a brief description of what you did and the time spent on each action. You must claim at least one full hour, and may claim up to five hours at $30 per hour. That time amount is part of, not additional to, the $10,000 out-of-pocket-loss limit.

To seek an award, the notice requires a completed Claim Form submitted online or postmarked by January 19, 2027.

• You may complete a Claim Form online.
• You may download a paper Claim Form or request one by calling the Claims Administrator. A signed paper form and supporting materials can be submitted through the settlement website or mailed to the address in the notice.
• If you are not seeking ordinary- or extraordinary-loss reimbursement, the mailed notice’s prepaid tear-off form may be used for credit monitoring, Attested Time, the California payment, or a Residual Cash Payment.

Opting out, also called excluding yourself, preserves your ability to sue separately about the released claims. It is different from objecting: an objector stays in the Settlement Class.

• Doing nothing means you receive no award.
• Unless you exclude yourself, you will be bound by the final judgment once final approval is granted and the judgment becomes final. That means you cannot bring, continue, or join another case against Kisco and other released persons over the claims covered by this settlement.
• To leave the settlement, send an individually signed written request to the Claims Administrator’s post-office box. The request must clearly state that you want to be excluded and be postmarked by December 18, 2026. A person who opts out cannot receive a settlement award.

Objecting means telling the Court why you oppose the settlement while remaining in it. You cannot both object and opt out.

• A written objection may be filed electronically by the deadline or mailed to the Clerk of Court and postmarked by December 18, 2026.
• You must also serve the objection on proposed Class Counsel and Kisco’s counsel at the addresses given in the notice.
• The objection must include identifying and contact information, proof of Settlement Class membership, the reasons for the objection, and several other listed details. You may attend the hearing, but do not have to attend for a properly submitted written objection to be considered.

The final approval hearing is scheduled for March 18, 2027, but that hearing date is not a guaranteed payment date.

• No payments will be made unless the Court grants final approval and any appeals are resolved.
• If the settlement is approved and no appeal is taken, the Claims Administrator says it will send payments within the later of 60 days after the Effective Date or 30 days after all disputed claims are resolved.
• The notice does not give a specific calendar payment date. Payment timing can also be affected by an appeal or disputed claims.