If you do not find an answer to your question below, click here to contact us.
A Federal Court authorized the Notice because 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. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and who is eligible to receive them.
Judge James D. Peterson of the United States District Court for the Western District of Wisconsin is overseeing this class action. The case is known as Sanger Powers, et al., v. Filters Fast, LLC, Case No. 3:20-cv-00982 (W.D.Wis.).
In August 2020, Filters Fast announced that it experienced a cybersecurity intrusion that caused the potential compromise of the Payment Card (debit card or credit card) information of certain of its customers who used Payment Cards to make purchases on the Filters Fast website at www.filtersfast.com between July 15, 2019 and July 10, 2020.
The Action was filed after Filters Fast’s announcement of the Incident. In the Action, Plaintiffs allege negligence, negligence per se, breach of implied contract, violation of the Wisconsin Deceptive Trade Practices Act, violation of the Maryland Consumer Protection Act, violation of the Maryland Personal Information Protection Act, unjust enrichment, and declaratory relief. Filters Fast denies Plaintiffs’ claims and denies liability. The Parties now agree to settle the Action in its entirety, without any admission of liability by Filters Fast. The Parties intend this Settlement Agreement to bind Settlement Class Representatives, Filters Fast, and all Settlement Class Members who do not timely and properly exclude themselves from the Settlement.
In a class action, one or more people called Plaintiffs or Class Representatives (in this case, Sanger Powers, Robert Legg, Jennifer McCreary, Betty Owen, and Lydia Postolowski) sue on behalf of other people who have similar claims. The people included in the class action are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Class Members, except for those who timely exclude themselves from the Settlement Class.
The Court did not decide in favor of Plaintiffs or Filters Fast, and there is no admission of fault or liability. Instead, both sides agreed to this Settlement, in order to avoid the cost and burden of further litigation and so the Class Members can receive benefits. The Class Representatives and their attorneys believe the Settlement is a fair and reasonable resolution of the claims asserted in this lawsuit.
You are part of the Settlement Class if you are a United States resident whose credit card or debit card was used to make a purchase on the Filters Fast website at www.filtersfast.com at any time from July 15, 2019 to July 10, 2020.
Excluded from the Settlement Class are the judges presiding over this matter, any members of judicial staff, the officers and directors of Filters Fast, and persons who timely and validly request exclusion from the Settlement Class.
On this Website you can enter the last four digits and name associated with a Payment Card that you believe was used on the Filters Fast website at www.filtersfast.com at a time from July 15, 2019 to July 10, 2020 and provide documentation related to any claim of loss or fraudulent transaction on the Payment Card. If you choose to enter this information, the Settlement Administrator will determine whether the information you submitted is consistent with a Payment Card used on the Filters Fast website at www.filtersfast.com at a time from July 15, 2019 to July 10, 2020 and the amount of any payment if the Settlement is approved.
If you are not sure whether you are included in the Settlement Class, you can call toll-free 1-833-460-1744, or send an email to the Settlement Administrator at [email protected]
There are three distinct benefits provided by the Settlement Agreement: (a) payments; (b) business practice changes; and (c) credit monitoring.
All Settlement Class Members who submit a valid, complete, and timely Claim using the Claim Form, are eligible to select up to one (1) of the following Tiers:
b. Business Practice Changes
In addition to the Settlement benefits described above, Filters Fast has taken numerous measures to further enhance the security of its customers’ data, including the measures set out below. These measures remain in effect as of the date of the Settlement Agreement:
i. Enhanced Website Security. Filters Fast moved the website to a new hosting provider (Rackspace) with greater focus on security. Rackspace also utilizes a change control process to approve and verify all website code changes.
ii. 24/7 Security and Breach Monitoring. Filters Fast hired Alert Logic for 24/7 security and breach monitoring and detection services. All website code that processes cardholder data is now controlled and managed by Alert Logic’s file integrity monitoring system.
iii. Ongoing Third Party Review of PCI DSS Compliance. Filters Fast has agreed to obtain third party review and assessments of its information security practices by a Payment Card Industry Security Standards Council Qualified Security Assessor (“QSA”) biennially for the next five years.
iv. Training and Appointment of an Information Security Program Employee. Filters Fast has agreed to appoint a qualified employee responsible for implementing, maintaining, and monitoring the Information Security Program. The appointed individual shall report regularly to the Chief Executive Officer concerning Filters Fast’s security posture, the security risks faced by Filters Fast, and the Information Security Program.
v. Addressing and Remediating Findings within the PFI’s Report. Filters Fast has addressed and remediated the PCI DSS deficiencies noted in the final report from the Payment Card Industry Forensic Investigator (“PFI”).
The business practices described above represent only certain significant business practice changes that Filters Fast has implemented following the Incident and the filing of the initial lawsuit relating to the Incident. The recitation of these business practices is intended to provide information to Settlement Class Members and the Court regarding certain of Filters Fast’s cybersecurity actions following the Incident and the filing of the initial lawsuit relating to the Incident and does not create any rights or obligation. Filters Fast may, in its discretion, undertake additional security measures, modify the business practices described in this Paragraph, or adopt other or alternate cybersecurity business practices in the future. Filters Fast will continue to implement business practice changes designed to enhance the security of its website in each of the years 2021 and 2022. The estimated value of these significant business practice changes is no less than $528,269.43.
c. Credit Monitoring
All Settlement Class Members who submit a valid and timely Claim Form and who did not previously enroll in the 12 months of ID Experts service offered by Filters Fast are eligible to receive 24 months of 1-bureau credit monitoring provided by ID Experts paid for by Filters Fast. Settlement Class Members who previously received and enrolled in the 12 months of ID Experts service offered by Filters Fast are eligible to receive an additional 12 months of 1-bureau credit monitoring provided by ID Experts paid for by Filters Fast.
In order to receive monetary benefits under this Settlement, Settlement Class Members should submit a Claim Form to the Settlement Administrator. The deadline for submitting Claim Forms is June 3, 2022 if submitted online via this Settlement Website, or must be postmarked by June 3, 2022 if submitted by U.S mail to the Settlement Administrator at:
FF Settlement Administrator
Sanger Powers v. Filters Fast
PO Box 5324
New York, NY 10150-5324
Claim Forms can also be downloaded from the Documents page on this Website, by calling toll-free 1-833-460-1744, emailing the Settlement Administrator at [email protected], or by mailing a request to the Settlement Administrator at the address set forth above.
To receive a payment, you must submit a timely Claim Form with information sufficient to establish that your credit or debit card was used to make a purchase at the Filters Fast website (www.filtersfast.com) between July 15, 2019 and July 10, 2020, provide the required documentation if electing Tier 1 or Tier 2, and comply with the instructions set forth in the Claim Form.
Unless you timely exclude yourself, you will remain in the Settlement Class. If the Settlement is approved and becomes final, you will not be able to sue Filters Fast regarding the legal claims that were litigated in this case, but you will be able to submit a Claim Form to receive benefits from this Settlement. The specific rights you are giving up are called Released Claims.
As of the Effective Date, the Releasing Parties, each on behalf of themselves individually and on behalf of their respective heirs, assigns, beneficiaries, and successors, shall automatically be deemed to have fully and irrevocably released and forever discharged Filters Fast and each of its present and former parents, subsidiaries, successors, and assigns, and the present and former directors, officers, employees, agents, members, managers, attorneys, successors and assigns of each of them(collectively the “Released Parties”), of and from any and all liabilities, rights, claims, actions, causes of action, demands, damages, penalties, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to theft of Personal Information related to the Incident that were or could have been alleged in the Actions, including, without limitation, any claims, actions, causes of action, demands, damages, penalties, losses, or remedies relating to, based upon, resulting from, or arising out of (1) the Incident, (2) the theft, exposure or disclosure of Settlement Class Members’ Personal Information; (3) Filters Fast’s maintenance or storage of Settlement Class Members’ Personal Information, if any; (4) Filters Fast’s information security policies and practices; (5) Filters Fast’s response to the Incident; or (6) Filters Fast’s notice of the Incident to Settlement Class Members (the “Released Claims”).
For the avoidance of doubt, the Released Claims include any claims that a Releasing Party may have under the law of any jurisdiction, including, without limitation, those arising under state or federal law of the United States (including, without limitation, any causes of action under the California Business & Professions Code § 17200 et seq., California Civil Code § 1750 et seq., California Civil Code § 1798.80 et seq., California Civil Code § 1798.100 et seq., California Civil Code § 56.10 et seq., Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 501/1 et seq., the Illinois Personal Information Protection Act, 815 ILCS 530/1 et seq., New York General Business Law § 349, 15 U.S.C. § 1681 et seq., and any similar statutes or data breach notification statutes in effect in the United States or in any states in the United States); causes of action under the common or civil laws of any state in the United States, including but not limited to: unjust enrichment, negligence, bailment, conversion, negligence per se, breach of contract, breach of implied contract, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, misrepresentation (whether fraudulent, negligent, or innocent), fraudulent concealment or nondisclosure, invasion of privacy, public disclosure of private facts, and misappropriation of likeness and identity; any causes of action based on privacy rights provided for under the constitutions of the United States or of any states in the United States; and also including, but not limited to, any and all claims in any state or federal court of the United States, for damages, injunctive relief, restitution, disgorgement, declaratory relief, equitable relief, attorneys’ fees and expenses, pre-judgment interest, credit or financial account monitoring services, identity theft insurance, the creation of a fund for future damages, statutory penalties, restitution, the appointment of a receiver, and any other form of relief. The Released Claims do not include any claims arising from or relating to any conduct by Filters Fast after the date the Agreement is executed.
As of the Effective Date, the Releasing Parties will be deemed to have completely released and forever discharged the Released Parties and Class Counsel from and for any and all liabilities, claims, cross-claims, causes of action, rights, actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys’ fees, losses, expenses, obligations, or demands, of any kind whatsoever, whether known or unknown, existing or potential, or suspected or unsuspected, whether raised by claim, counterclaim, setoff, or otherwise, including any known or unknown claims, which they have or may claim now or in the future to have, relating to the institution, prosecution, or settlement of the Actions.
The Settlement Agreement contains additional information about Released Claims.
Settlement Class Members have the right to request exclusion from (i.e., opt out of) the Settlement Class by sending a written request for exclusion to the Settlement Administrator postmarked by June 3, 2022. Requests for Exclusion must be mailed to:
FF Settlement Administrator
Sanger Powers, et al., v. Filters Fast, LLC
PO Box 5324
New York, NY 10150-5324
Requests for Exclusion must: (a) Include the individual’s name and address; (b) Contain a statement that he/she wants to be excluded from this Action; and (c) Must be signed personally by the Settlement Class Member who is requesting exclusion.
No request for Exclusion will be valid unless it complies with these requirements. If a timely and valid request for exclusion is made by a Settlement Class Member, then that person will no longer be a member of the Settlement Class and shall not be affected by or bound by the Settlement, and shall receive no benefits from the Settlement.
Settlement Class Members have the right to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees, Costs, and Expenses.
Any written objection to the Settlement must: (i) be submitted to the Court by filing the written objection through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, or by mailing the written objection to the Clerk for United States District Court for the Western District of Wisconsin, or by filing the written objection in person at any location of the United States District Court for the Western District of Wisconsin; (ii) be filed or postmarked on or before June 3, 2022; and (iii) be mailed first class postage prepaid to Class Counsel and Filters Fast’s counsel and postmarked by no later than June 3, 2022.
For an objection to be considered by the Court, the objection must also set forth:
(a) The case name and number of the Action;
(b) The objector’s full name, address, email address, and telephone number;
(c) An explanation of the basis upon which the objector claims to be a Settlement Class Member;
(d) All grounds for the objection, accompanied by any legal support for the objection;
(e) The identity of all counsel who represent the objector; including any former or current counsel who may be entitled to compensation for any reason related to the objection of the Settlement, the fee application, or the application for Service Awards;
(f) The identity of all counsel representing the objector who will appear at the Fairness Hearing;
(g) Any and all agreements that relate to the objection or the process of objecting, whether written or verbal, between objector and objector’s counsel and any other person or entity;
(h) A list of any persons who will be called to testify at the Fairness Hearing in support of the objection;
(i) A statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing; and
(j) The objector’s signature on the written objection (an attorney’s signature is not sufficient).
Clerk of Court:
U.S. District Court Western District Wisconsin
120 North Henry Street, Room 320
Madison, WI 53703
The Court has appointed the following lawyers to represent you and the other Settlement Class Members:
William B. Federman
Federman & Sherwood
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
- and -
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.
Class Counsel (set forth in FAQ #13) will seek an award of no more than $320,000 in Attorneys’ Fees, Costs, and Expenses. These fees must be approved by the Court, and will not reduce the amount of money available to Settlement Class Members.
Class Counsel will also request the Court to award $2,500 Service Awards to each of the five Settlement Class Representatives as compensation for their efforts in the litigation and commitment on behalf of the Settlement Class. If approved, these amounts will also be separate and apart from any funds available for payment to Settlement Class Members.
The Court will hold a hearing at 10:00 a.m. CT on July 22, 2022 by video conference to decide whether to grant Final Approval of the Settlement. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and will also consider Class Counsel’s application for an award of Attorneys’ Fees and Expenses, and the proposed Service Awards. Settlement Class Members are welcome to attend the Final Approval Hearing but it is not necessary for them to attend to receive their benefits under the Settlement. The Settlement will not become final until the Court grants Final Approval of the Settlement and any appeals have been resolved.
The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. You may can also call toll-free 1-833-460-1744, or write to the Settlement Administrator by mail or email:
FF Settlement Administrator
Sanger Power v Filters Fast
PO Box 5324
New York, NY 10150-5324
Email: [email protected]