Frequently Asked Questions

A Class Notice is provided pursuant to an order issued by the Court to inform you of the proposed Settlement and the Final Approval Hearing to be held by the Court to consider, among other things, (a) whether the Settlement is fair, reasonable and adequate and should be approved; and (b) Class Counsel’s request for Class Counsel Fees and Expenses and the Class Representatives’ request for a Service Award. The Class Notice explains the nature of the Action, the general terms of the proposed Settlement (including the benefits available), and your legal rights and obligations. The Class Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses asserted in the Action.

Judge Lee Yeakel of the United States District Court for the Western District of Texas is overseeing this Action, which is known as Yuan v. Hometrust Mortgage, Civil Action No. 1:22-cv-01355  (“Action”). The persons that filed the lawsuit are called the “Plaintiffs.” Hometrust Mortgage is the “Defendant.”

The Action alleges that as the result of a cyberattack by an unauthorized third party to certain computer systems of Hometrust Mortgage (“Hometrust”), personal information by Hometrust, including names, Social Security numbers, dates of birth, Social Security, or individual tax information and other information may have been compromised in or around July of 2022 (the “Incident”). 

Plaintiffs claim that Hometrust did not adequately protect personal information and that as a result of the Incident people were harmed. Hometrust denies any wrongdoing and that its actions have resulted in any harm to any individuals. No court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated.

In a class action, one or more people called “Class Representatives” sue on behalf of themselves and other people with similar claims. The Plaintiff (Connie Yuan), together with the people she represents, are called Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those people who timely exclude themselves from the Settlement Class. In this case, the Class Representative is Connie Yuan.

The Court has not decided in favor of Plaintiff or Hometrust. Instead, both sides agreed to a settlement. Settlement avoids the costs and uncertainty of trial and related appeals, while providing benefits to members of the Settlement Class. The Class Representative and attorneys for the Settlement Class (“Settlement Class Counsel”) believe the Settlement is in the best interests of the Settlement Class Members.

You are included in the Settlement Class if you are a member of the following:

All persons whose personal information was potentially exposed to unauthorized access as a result of an Incident affecting Defendant’s computer network that occurred in or around July of 2022.

Hometrust will provide Settlement Class Members the following benefits under the Settlement: (1) the ability to immediately enroll in credit monitoring and identity restoration services for one (1) year; (2) reimbursement of documented Economic Losses which are: (a) related to the Incident; (b) not otherwise reimbursable by another third party; (c) supported by required documentation; and (d) meets all requirements set forth in the Reimbursement Form and the Settlement Agreement; (3) Reimbursement of Attested Time up to ten (10) hours at forty dollars ($40) per hour, for a maximum of $400 per individual provided that the claim contains (a) a brief description of the actions taken in response to the Data Security Incident and (b) the time associated with each action; or (4) in the alternative to reimbursement of Economic Losses or Attested Time, a Cash Payment of fifty dollars ($50).  

Complete details regarding the settlement benefits are available in the Settlement Agreement.

All Settlement Class Members affected by the Incident are entitled to enroll in free credit monitoring and identity restoration services (“Credit Services”) provided by Equifax for a period of one (1) year, which will begin upon timely activation by the Settlement Class Member.

Credit Services Include:

• Credit Monitoring: Credit monitoring of  Settlement Class Members’ credit file for U.S. residents at all 3 major credit reporting agencies;

• Fraud Alerts

• Identity Restoration Services: Provide professional fraud resolution assistance to Settlement Class Members who experience identity theft or fraud. This includes assistance with disputing transactions, implementing fraud alerts, negotiating with banks, creditors, the IRS and other third parties, and preparing paperwork.

Credit Services provided by Equifax are available to all Settlement Class Members.  You must submit a Claim Form to receive a unique enrollment code and related activation instructions.  If you elect to receive Credit Services provided by Equifax, you must timely enroll using the enrollment code you were mailed, by following the enrollment instructions accompanying the code.  If you have any questions regarding enrollment in the Credit Services, you may contact Equifax as indicated in the letter containing your enrollment code, or you may contact the Settlement Administrator.

Any Settlement Class Member may submit a Claim for reimbursement for documented Economic Losses related to the Incident that have not been reimbursed by other third parties. Any Settlement Class Member whose Reimbursement Claim is rejected for failure to submit a claim within the Claims Period may not submit a Claim for reimbursement under this process.

Settlement Class Members who wish to make a timely and properly supported Claim for reimbursement of Attested Time spent in relation to the Incident must provide to the Settlement Administrator the information required to evaluation the claim, including: (a) the Claimant’s name and current address; (b) a brief description of the actions taken in response to the Data Security Incident and (c) the time associated with each action.

Any Settlement Class Member who does not submit a Claim for Economic Losses or Attested Time may submit a Claim for a Cash Payment for their injury related to the Incident. Claims may be submitted electronically or in paper format. Settlement Class Members who wish to make a timely and properly supported Claim for Cash Payment related to the Incident must provide to the Settlement Administrator the information required to evaluate the claim, including: (a) the Claimant’s name and current address and (b) a statement signed under penalty of perjury indicating that they are a member of the Class.

To receive the Credit Services from Hometrust, any person potentially affected by the Incident including Settlement Class Members must timely enroll in the Credit Services by using the unique enrollment code and related instructions sent by mail in a letter from the Settlement Administrator following submission of a Claim Form.

For reimbursement of documented Economic Losses related to the Incident that have not been reimbursed by Equifax or other third party, submit a Reimbursement Form and provide documentation proving the Economic Losses as described above. You can get the Reimbursement Form on this website or by calling (833) 747-4090. For the Reimbursement Form, you must read the instructions carefully, fill out the form completely, attach the required documentation, and either submit the form and documentation through the Settlement Website, or mail the form postmarked no later than September 11, 2023, to:

Yuan v. Hometrust Mortgage 

Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

If you have questions about how to file a Claim, call (833) 747-4090 or visit the FAQs.

For reimbursement of  Non-Economic Injury related to the Incident that have not been reimbursed by Equifax or other third party, the remaining of the $700,000 will be distributed on a pro rata basis after the payment of administration, attorneys’ fees and expenses, to those who submit a Claim Form as described above. The current estimate is that each claiming Settlement Class Member will receive $50. You can get the Claim Form on this website or by calling (833) 747-4090. For each Reimbursement Form, you must read the instructions carefully, fill out the form completely, attach the required documentation, and either submit the form and documentation through this Settlement Website, or mail the form postmarked no later than September 11, 2023, to:

Yuan v. Hometrust Mortgage Company

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

If you have questions about how to file a Claim, call (833) 747-4090 or visit the FAQs.

If you file a timely and valid Claim Form and submit required documentation, the Settlement Administrator will evaluate your Claim to confirm your eligibility and calculate your payment amount. The Settlement Administrator will notify you of any deficiencies with respect to your Claim. The Settlement Administrator will then issue a final decision on your Claim.

Please ensure you provide a current, valid email address with your Claim submission. If the email address you include with your Claim Form changes or becomes invalid for any reason, it is your responsibility to provide accurate contact information to the Settlement Administrator.

Payments for valid Claims will not be made until after the Settlement is finally approved and all appeals and other reviews have been exhausted

Unless you exclude yourself, you cannot sue Hometrust or be part of any lawsuit against Hometrust about any of the issues in this Action. Unless you exclude yourself, all of the decisions by the Court will bind you. The specific claims you are giving up are described in Paragraph 9 of the Settlement Agreement. You will be releasing your claims against Hometrust and all related people as described in Paragraph 9.

The Settlement Agreement is available on this website or by calling (833) 747-4090. The Settlement Agreement describes the Released Claims with specific descriptions, so please read it carefully. If you have any questions about what this means, you can talk to Settlement Class Counsel, or you can talk to your own lawyer at your own expense.

Yes, you do have a lawyer in the case. The Court appointed the law firms of Meyer Wilson, Turke & Strauss LLP, and Kendall Law Group to represent you and the Settlement Class. These firms are called “Settlement Class Counsel.” You will not be charged by these lawyers for their work on this case. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for Hometrust to pay for reasonable attorneys’ fees and expenses of up to one-third of the total Settlement Fund, and a Class Representative Service Award not to exceed $5,000 for Plaintiff. The Court will decide the amount of attorneys’ fees, expenses, and Service Awards. Any attorneys’ fees, expenses, and Service Awards approved will be paid by Hometrust and will not reduce the benefits provided to you or the other Settlement Class Members under the proposed Settlement.

If you want to keep the right to sue or continue to sue Hometrust about the legal claims in this case, you must take steps to exclude yourself from the Settlement Class. Excluding yourself is also called “opting out” of the Settlement.

If you exclude yourself, you cannot get anything from the Settlement. If you exclude yourself, you may not apply for any benefits under the proposed Settlement and you cannot object to the proposed Settlement.

If you do not exclude yourself, you cannot sue later. Unless you exclude yourself, you give up the right to sue Hometrust for all of the claims that this proposed Settlement resolves.

To exclude yourself from the proposed Settlement, you must timely submit, by U.S. Mail, written notice of your intent to opt-out of the Settlement to the Settlement Administrator’s designated address established for opt-outs. The written notice must clearly manifest your intent to be excluded from the Settlement Class in Yuan v. Hometrust Mortgage, Civil Action No. 1:22-cv-01355 in the United States District Court for the Western District of Texas, and must be signed by you. You can only request exclusion for yourself: you cannot request to exclude any other member of the Settlement Class. Mass opt-outs are not permitted.

To be effective, written notice must be postmarked by September 11, 2023 and mailed to:

Yuan v. Hometrust Mortgage 

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

You cannot ask to be excluded on the phone, by email, or on this Website.

If you are a Settlement Class Member, you can object to or comment on the Settlement, Settlement Class Counsel’s request for attorneys’ fees and expenses, and/or the Settlement Class Representative’s request for Service Awards. To object, you must state in writing that you object to the Settlement, and include the following information in your written objection:

1. The name of the Action;

2. Your full name, mailing address, telephone number, and e-mail address;

3. A statement of the basis on which you claim to be a Settlement Class Member;

4. A written statement of all grounds for your objection, accompanied by any legal support for the objection, and any evidence you wish to introduce in support of the objection;

5. The identity of all counsel, if any, representing you, including any former or current counsel who may claim entitlement to compensation for any reason related to the objection to the Settlement or the Fee Application;

6. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing and the identification of any counsel representing you who intends to appear at the Final Approval Hearing;

7. A list of any persons who will be called to testify at the Final Approval Hearing in support of the objection; 

8. A list by case name, court, and docket number, of all other cases in which you (directly or through counsel) have filed an objection to any proposed class action settlement within the last 3 years;

9. A list by case name, court, and docket number, of all other cases in which your counsel (on behalf of any person or entity ) has filed an objection to any proposed class action settlement within the last 3 years;

10. A list by case name, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative; and

11. Your signature signed under oath and penalty of perjury and the signature of your duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation). If legally incapacitated, the signature of your duly authorized representative (along with documentation setting forth such legal incapacitation and representation).

Failure to include this information may be grounds for the Court to disregard your objection.

To submit an objection, send a letter to the Court either by: (a) mailing it to the Clerk of the Court, United States District Court for the Western District of Texas,  Austin, TX Courthouse, 501 West 5th Street, Suite 7300, Austin, TX 78701 or; (b) filing the objection in person at Clerk of the Court, United States District Court for the Western  District of Texas,  Austin, TX Courthouse, 501 West 5th Street, Suite 7300, Austin, TX 78701. Mailed objections must be filed or postmarked on or before the Objection Deadline, which is September 11, 2023

 

The Court will hold a Final Approval Hearing at 9:00 a.m., on November 17, 2023, at the United States District Court for the Western District of Texas,  Austin, TX Courthouse, 501 West 5th Street, Suite 7300, Austin, TX 78701. At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Court may also consider Class Counsel’s request for Attorneys’ Fees and Expenses, and the Service Awards. If there are objections, the Court will consider them. After the Final Approval Hearing, the Court will decide whether to approve the proposed Settlement and how much to award to Class Counsel as fees and expenses, and the service award. You do not need to attend.

The Final Approval Hearing may be moved to a different date or time without additional notice, so if you wish to attend, it is recommended that you periodically check this website to confirm the date of the Final Approval Hearing. You may access the case docket via PACER at https://www.txwd.uscourts.gov/cmecf/ or in person at the clerk’s office of the Court’s physical location. You should monitor the Settlement Website or the Court’s PACER website to ensure that the final approval date does not change.

You do not have to attend the hearing. Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you submit a written objection, you do not have to come to the Fairness Hearing to raise your objection. As long as you timely mailed your written objection, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but their attendance is not necessary.

You may speak at the hearing. If you would like to do so, you must indicate your intent to personally appear and/or testify at the Final Approval Hearing, and identify any counsel representing you who intends to appear at the Final Approval Hearing, when providing written notice of your objection as noted above regarding how to object to the Settlement. You cannot speak at the hearing if you exclude yourself from the Settlement.

If you are a Settlement Class Member and you otherwise do nothing, you will be legally bound by the Settlement, but you will not receive any benefits related to the Incident. You will not be able to bring a lawsuit, continue a lawsuit, or be a part of any other lawsuit against Hometrust about the claims in this case.

If you would like to request benefits under the Settlement, you must follow the instructions described above.

This Notice summarizes the proposed Settlement. More details are included in the Settlement Agreement. You can get a copy of the Settlement Agreement on this website. You also may write with questions to the Settlement Administrator, at Yuan v. Hometrust Mortgage Company, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324. You can access Claim Forms and review additional documents on this Settlement Website. You can also request to receive Claim Forms, a copy of the Settlement Agreement, and a detailed notice by mail by calling the toll-free number, (833) 747-4090.