NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
If YES Communities, LLC Notified You Of A Data Incident,
You May Be Eligible For Benefits From A Class Action Settlement.
This is not a solicitation from a lawyer, junk mail, or an advertisement.
A court authorized this Notice.
This notice summarizes the proposed settlement reached in a lawsuit entitled O’Leary v. YES Communities, LLC, Case No. 1:25-
cv-692 pending in the United States District Court for the District of Colorado (“Action”). For the precise terms and conditions
of the settlement, please see the Settlement Agreement available at www.YESCommunitiesDataIncident.com or by contacting
the Claims Administrator at 866-307-8556.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE
TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
This Notice explains the nature of the lawsuit and claims being settled, your legal rights,
and the benefits to the Settlement Class.
This notice may affect your rights – please read it carefully.
• A Settlement has been reached in the class action lawsuit against YES Communities, LLC (“YES Communities”)
concerning a data incident that occurred between December 9 and 11, 2024, in which YES Communities experienced
a system breach during which hackers targeted and accessed Defendant’s network systems, some of which contained
Private Information. YES Communities does not in any way acknowledge, admit to, or concede any of the allegations
made in any of the complaints or in the Complaint, and expressly disclaims and denies any fault or liability, or any
charges of wrongdoing that have been or could have been asserted in the Complaint.
• If you received this Notice, you have been identified as a part of the Settlement Class. More specifically, you are a part
of the Settlement Class because you have been identified as a living individual in the United States or its territories, who
was sent notice by Defendant that your Private Information was impacted in the Data Incident. Some limited exclusions
apply and can be found in the Settlement Agreement available at www.YESCommunitiesDataIncident.com and in
Section 1 below.
• All Settlement Class Members can receive the following benefits from the Settlement: (a) Cash Payment A – Documented
losses: up to $2,500 cash compensation for documented losses, (b) Cash Payment B – Lost Time: cash payment of
$20.00 per hour for up to four (4) hours of time spent resolving issues related to the Data Incident, or (c) Cash Payment
C – Alternate Cash: $50.00 cash compensation as the alternative to Cash Payment A and Cash Payment B.
• In addition to a Cash Payment, all Settlement Class Members may elect to receive three (3) years of credit monitoring
through IDX for one credit bureau. This shall be available to any Settlement Class Member regardless of whether they
previously received a credit monitoring product related to the Data Incident or otherwise.
• The deadline to submit a claim is November 5, 2026.
YOUR LEGAL RIGHTS & OPTIONS IN THIS SETTLEMENT
You must submit a valid Claim to get monetary relief or credit monitoring from this
Settlement.
Submit a Claim
Claim Forms must be submitted online by November 5, 2026, or, if mailed, postmarked no
later than November 5, 2026.
If you do nothing, you remain in the Settlement.
Do Nothing
You give up your rights to sue and you will not get any money.
Get out of the Settlement. Get no money. Keep your rights.
This is the only option that allows you to keep your right to sue about the claims in this Lawsuit.
Exclude Yourself
You will not get any money or credit monitoring from the Settlement.
Your request to exclude yourself must be postmarked no later than October 21, 2026.
Stay in the Settlement, but tell the Court why you think the Settlement should not be approved.
File an Objection
Objections must be postmarked no later than October 21, 2026.
You can ask to speak in Court about the fairness of the Settlement, at your own expense. See
Question 18 for more details.
Go to a Hearing
The Final Approval Hearing is scheduled for November 20, 2026, at 10:00 AM, and will be held
at 901 19th St, Denver, CO 80294, in Courtroom A701.
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WHAT THIS NOTICE CONTAINS
Basic Information...........................................................................................................................................................Page 4
1. How do I know if I am affected by the Lawsuit and Settlement?
2. What is this case about?
3. Why is there a Settlement?
4. Why is this a class action?
5. How do I know if I am included in the Settlement?
The Settlement Benefits............................................................................................................................................Pages 5-6
6. What does this Settlement provide?
7. How to submit a Claim.
8. What am I giving up as part of the Settlement?
9. Will the Class Representatives receive compensation?
Exclude Yourself......................................................................................................................................................... Page 6-7
10. How do I exclude myself from the Settlement?
11. If I do not exclude myself, can I sue later?
12. What happens if I do nothing at all?
The Lawyers Representing You.....................................................................................................................................Page 7
13. Do I have a lawyer in the case?
14. How will the lawyers be paid?
Objecting to the Settlement....................................................................................................................................... Page 7-8
15. How do I tell the Court that I do not like the Settlement?
16. What is the difference between objecting and asking to be excluded?
The Final Approval Hearing..........................................................................................................................................Page 8
17. When and where will the Court decide whether to approve the Settlement?
18. Do I have to come to the hearing?
19. May I speak at the hearing?
Do Nothing......................................................................................................................................................................Page 9
20. What happens if I do nothing?
Get More Information....................................................................................................................................................Page 9
21. How do I get more information about the Settlement?
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BASIC INFORMATION
1. How do I know if I am affected by the Lawsuit and Settlement?
You are a part of the Settlement Class if you have been identified as a living individual in the United States who was sent
notice by Defendant that your Private Information was impacted in the Data Incident.
The Settlement Class excludes: (a) all persons who are directors and officers of Defendant; (b) governmental entities; and
(c) the Judge assigned to the Action, that Judge’s immediate family, and Court staff.
This Notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Settlement
Class.
2. What is this case about?
This case is known as O’Leary v. YES Communities, LLC, Case No. No. 1:25-cv-692, pending in the United States District
Court for the District of Colorado. The persons who sued is called the “Plaintiff,” and the company they sued, YES
Communities, LLC, is known as the “Defendant” in this case.
Plaintiffs filed the Lawsuit against Defendant, on behalf of themselves and anyone whose Private Information was potentially
impacted as a result of the Data Incident.
On or about December 11, 2024, Defendant became aware of anomalous activity within its computer network, which
involved certain files being encrypted by ransomware. With the assistance of a third-party forensic specialist engaged
through counsel, a forensic investigation was conducted, which determined that between December 9 and 11, 2024,
Defendant experienced a ransomware attack that resulted in unauthorized access to its systems and theft of unencrypted
Private Information belonging to 10,675 individuals located in the United States or its territories. That information includes
name, Social Security number, driver’s license number, passport number, state ID card number, financial and credit/debit
account information, visa/work eligibility documentation, employee identification number/tax ID number, non-US national
identification number, and date of birth. On or about February 24, 2025, Defendant began sending notification letters to
impacted individuals. This Lawsuit was subsequently filed asserting claims against Defendant relating to this Data Incident.
Defendant denies any wrongdoing.
3. Why is there a Settlement?
By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Plaintiffs, Defendant, and
their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, in the best interests for Settlement
Class Members. The Court did not decide in favor of the Plaintiffs or Defendant. Full details about the proposed Settlement
are found in the Settlement Agreement available at www.YESCommunitiesDataIncident.com.
4. Why is this a class action?
In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims.
All of these people together are the “Settlement Class” or “Settlement Class Members.”
5. How do I know if I am included in the Settlement?
You are included in the Settlement Class if you have been identified as a living individual in the United States or its territories,
who was sent notice by Defendant that your Private Information was impacted in the Data Incident. Some limited exclusions
apply and can be found in the Settlement Agreement available at www.YESCommunitiesDataIncident.com and in Section
1 above. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the
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Settlement, visit www.YESCommunitiesDataIncident.com, call toll-free at 866-307-8556, or write to YES Communities
Data Incident, c/o Analytics Consulting LLC, P.O. Box 2002, Chanhassen, MN 55317-2002.
THE SETTLEMENT BENEFITS
6. What does this Settlement provide?
The proposed Settlement will provide the following benefits to Settlement Class Members:
Cash Payment A – Documented Loss: All Settlement Class Members are eligible to submit a claim for up to $2,500.00
per Settlement Class Member upon presentment of reasonable documentation of losses related to fraud and/or identity theft
as a result of the Data Incident. Documented expenses include, by way of example, unreimbursed losses relating to fraud
or identity theft: if (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was more likely
than not caused by the Data Incident; and (iii) the loss was incurred after the date of the Data Incident. To receive payment
for documented losses, a Settlement Class Member must complete and submit a Claim Form and include documentation
in support of the Claim. Except as expressly provided herein, personal certifications, declarations, or affidavits from the
Settlement Class Member do not constitute proper documentation, but may be included to provide clarification, context, or
support for other submitted reasonable documentation. Settlement Class Members shall not be reimbursed for expenses if
they have been reimbursed for the same expenses by another source, including compensation provided in connection with
any credit monitoring and identity theft protection product.
Cash Payment B – Lost Time: Settlement Class Members who spent time remedying issues related to the Data Incident
may receive reimbursement in the amount of $20.00 per hour for up to four hours of time (for a total of $80.00). Settlement
Class Members must attest to the amount of time spent. If a Settlement Class Member fails to identify how many hours of
time spent on the Claim Form, the Settlement Administrator may interpret such a Claim as a submission for one hour of
time.
Cash Payment C – Alternate Cash: As an alternative to Cash Payment A – Documented Losses and Cash Payment B –
Lost Time, all Settlement Class Members may elect to receive Cash Payment C - Alternate Cash which is a cash payment in
the amount of $50.00. There is no documentation required to claim this benefit.
Credit Monitoring: In addition to a Cash Payment, all Settlement Class Members may elect to receive three (3) years of
credit monitoring through IDX for one credit bureau. This shall be available to any Settlement Class Member regardless of
whether they previously received a credit monitoring product related to the Data Incident or otherwise.
Note: Defendant shall be solely responsible for the payment of all Settlement Administration Costs. The Settlement
Administrator and Defendant will enter into a separate agreement related to the payment of the Settlement Administration
Costs.
7. How to submit a claim.
All claims will be reviewed by the Claims Administrator for completeness and plausibility. You must file a Claim
Form to receive benefits from the proposed Settlement. Claim Forms must be submitted online by November 5,
2026, or postmarked no later than November 5, 2026. You can submit an online claim or download a Claim Form at
www.YESCommunitiesDataIncident.com, or you can call the Claims Administrator toll-free at 866-307-8556 for a Claim
Form.
8. What am I giving up as part of the Settlement?
If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue YES Communities,
LLC, and each entity which is controlled by, controlling or under common control with Defendant and their respective
past, present, and future direct and indirect heirs, assigns, associates, corporations, investors, owners, parents, subsidiaries,
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affiliates, insurers, reinsurers, divisions, officers, directors, shareholders, members, agents, servants, employees, partners,
predecessors, successors, managers, administrators, executors, and trustees (collectively “Released Parties”) regarding the
claims in this case.
The Settlement Agreement, which includes all provisions and definitions about settled claims, releases, and Released Parties,
is available at www.YESCommunitiesDataIncident.com.
The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the
Settlement Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.
9. Will the Class Representatives receive compensation?
Yes. Class Counsel, on behalf of the Class Representatives, will seek service awards of up to $2,500 each, to compensate
them for their services and efforts in bringing the Lawsuit. The Court will make the final decision as to the amount, if any,
to be paid to the Class Representatives.
EXCLUDE YOURSELF
10. How do I exclude myself from the Settlement?
If you do not want to be included in the Settlement, you must send a timely written request for exclusion. The exclusion
request must be personally signed by the Settlement Class Member and contain the requestor’s name, address, telephone
number, and email address, and include a statement indicating a request to be excluded from the Settlement. Mass or Class
opt-outs by an attorney or other representative of a group of Settlement Class Members will not be accepted. Any Settlement
Class Member who does not timely and validly request to opt-out shall be bound by the terms of this Agreement even if that
Settlement Class Member does not submit a Valid Claim.
Your written request for exclusion must be postmarked no later than October 21, 2026, and mailed to:
YES Communities LLC Data Incident
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
If you exclude yourself, you will not be able to receive any cash benefit or credit monitoring from the Settlement, and you
cannot object to the Settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the
Lawsuit, and you will keep your right to sue Defendant on your own for the claims that this Settlement resolves.
11. If I do not exclude myself, can I sue later?
No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up
the right to sue the Released Parties (listed in Question 8) for the claims this Settlement resolves.
12. What happens if I do nothing at all?
If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money or credit
monitoring services from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other
lawsuit against the Released Parties (listed in Question 8) about the settled claims in this case at any time.
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THE LAWYERS REPRESENTING YOU
13. Do I have a lawyer in the case?
Yes. The Court has appointed Kopelowitz Ostrow P.A., Strauss Borrelli PLLC, Eksm LLP, Mason LLP, and Milberg PLLC.
(called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for
these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
14. How will the lawyers be paid?
Class Counsel will apply to the Court for an award of combined attorneys’ fees, costs, and expenses in an amount not to
exceed $217,000. A copy of Class Counsel’s Motion for Attorneys’ Fees, Costs, Expenses, and Service Award for Class
Representative will be posted on the Settlement Website, www.YESCommunitiesDataIncident.com, before the Final
Approval Hearing. The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award
less than the amount requested by Class Counsel.
OBJECTING TO THE SETTLEMENT
15. How do I tell the Court that I do not like the Settlement?
If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you must file an objection
with the Court telling it why you do not think the Settlement should be approved.
For a written objection to be considered by the Court, the objection must also set forth:
a) the objector’s full name, mailing address, telephone number, and email address (if any);
b) all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s
counsel; a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection
(if any);
c) a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval
Hearing; and
d) the objector’s signature (an attorney’s signature is not sufficient).
Your Objection must be filed with, or mailed to, the Clerk of the Court no later than October 21, 2026.
United States District Court for the District of Colorado
Alfred A. Arraj Courthouse
901 19th Street
Denver, CO 80294
In addition, you must concurrently mail or hand deliver a copy of your objection to Class Counsel, Defendant’s Counsel, and
the Settlement Administrator at the addresses on the next page, postmarked no later than October 21, 2026.
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CLASS COUNSEL
Jeff Ostrow Raina Borrelli Leigh S. Montgomery
Kopelowitz Ostrow P.A. Strauss Borrelli PLLC EKSM, LLP
1 West Las Olas Blvd., Suite 500 One Magnificent Mile 4200 Montrose Blvd., Suite 200
Fort Lauderdale, FL 33301 980 N Michigan Avenue, Suite 1610 Houston, TX 77006
[email protected] Chicago IL, 60611 [email protected]
[email protected]
Gary E. Mason Gary M. Klinger
Mason LLP Milberg, PLLC
5335 Wisconsin Avenue, NW 227 W. Monroe Street, Suite 2100
Suite 640 Chicago, IL 60606
Washington, DC 20015 [email protected]
[email protected]
DEFENDANT’S COUNSEL
Carolyn Purwin Ryan
Mullen Coughlin LLC
426 W. Lancaster Avenue, Suite 200
Devon, PA 19333
[email protected]
SETTLEMENT ADMINISTRATOR
YES Communities LLC Data Incident
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
If you do not submit your objection with all requirements, or if your objection is not received by October 21, 2026, you will
be considered to have waived all Objections and will not be entitled to speak at the Final Approval Hearing.
16. What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in
the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you
exclude yourself, you have no basis to object because the Settlement no longer affects you.
THE FINAL APPROVAL HEARING
17. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on November 20, 2026, at 10:00 AM and will be held at 901 19th St, Denver,
CO 80294, in Courtroom A701. The hearing may be moved to a different date, time, or location without additional notice,
so it is recommended that you periodically check www.YESCommunitiesDataIncident.com for updated information.
At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best
interests of Settlement Class Members, and if it should be finally approved. If there are valid objections, the Court will
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consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court
will also consider the award of attorneys’ fees, costs, and expenses to Class Counsel and the request for a Service Award to
the Class Representatives.
18. Do I have to come to the hearing?
No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your
own expense.
If you submit an Objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly
and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is
not necessary. However, you must follow the requirements for making objections in Question 15, including the requirements
for making appearances at the hearing.
19. May I speak at the hearing?
Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to
speak, you must file an objection according to the instructions in Question 15, including all the information required for you
to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.
DO NOTHING
20. What happens if I do nothing?
If you do nothing, you will not get any money from the Settlement, you will not be able to sue for the claims in this case,
and you release the claims against Defendants and the Released Parties described in Question No. 8.
GET MORE INFORMATION
21. How do I get more information about the Settlement?
This is only a summary of the proposed Settlement. If you want additional information about this lawsuit, including
a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Class Counsel’s
Motion for Attorneys’ Fees, Costs, Expenses, and Service Award for Class Representative, and more, please visit
www.YESCommunitiesDataIncident.com or call 866-307-8556. You may also contact the Claims Administrator at:
YES Communities LLC Data Incident
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION
TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.
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