1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
Getting More Information
21. How do I get more information?
The Minnesota District Court for the Fourth Judicial District, Minneapolis, authorized the Notice. 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. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Coen-Pesch v. RBA, Inc., Case No. 27-CV-24-17505, pending in the Minnesota District Court for the Fourth Judicial District, Minneapolis. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the entity he sued, RBA, Inc., is called the “Defendant.”
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This lawsuit alleges that a targeted cyberattack on RBA's computer systems occurred on or around May 25, 2024, and that certain files containing private information were accessed. These files may have contained personal employee information such as name, address, Social Security number, date of birth, and limited benefits information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the settlement. In this Settlement, the Class Representative is Philip Coen-Pesch, and everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiff or the Defendant is right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. Plaintiff and his attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “all persons residing in the United States whose PII was compromised in the RBA, Inc. Data Breach that occurred on or around May 2024, including all those who received notice of the Data Breach from RBA, Inc.” The term “PII” stands for Personally Identifiable Information.
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Yes. Excluded from the Class are: (1) the Judge in this case, and the Judge’s family and staff; (2) RBA and related companies and corporate directors; (3) anyone responsible for perpetrating the Data Security Incident, and (4) anyone who timely removes themselves from the Settlement.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
RBA Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-(833) 360-6856
info@RBADataSettlement.com
You may also review the Settlement Agreement.
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RBA has agreed to pay up to $200,000.00 for the benefits that are explained below. If the total cost of all valid claims turns out to be more than $200,000.00, everyone’s payments will be equally reduced so that the total is no more than $200,000.00.
You may claim Credit Monitoring Services and either:
Claims for Documented Losses and/or Claims for Lost Time; or
An alternative cash payment of $60.00.
Credit Monitoring Services. All Class Members are eligible to receive credit monitoring services from a credit bureau. These services include:
dark web monitoring;
identity theft insurance coverage for up to $1,000,000.00; and
and fully managed identity recovery services.
If you signed up for credit monitoring services that were offered with the initial data security incident notice in July 2024, you can extend your coverage for another year, for a total of three (3) years.
If you did not sign up after the initial notice, you can do so now for three (3) years of coverage.
Claims for Documented Losses. If the Data Security Incident caused you real, documented losses, you may file a claim for reimbursement. You can get back up to $4,000.00.
This benefit covers out-of-pocket expenses like:
unreimbursed losses relating to fraud or identity theft;
professional fees, including attorneys’ and accountants’ fees;
fees for credit repair services;
costs associated with freezing or unfreezing credit with any credit reporting agency;
credit monitoring costs that were incurred on or after May 25, 2024, through the date you submit your claim; or
miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges
You must send proof, like receipts, to establish a valid claim. You can add your own notes to explain other papers, but those notes alone are not enough to make a valid claim.
Claims for Reimbursement for Lost Time. If you spent time responding to the Data Security Incident, you can get reimbursed for up to five (5) hours, at $25.00. You can claim Lost Time with Documented Losses, up to the $4,000.00 maximum.
Alternative Cash Payment. Instead of claiming Documented Losses and Reimbursement for Lost Time, you can claim a $60.00 Alternative Cash Payment. If you claim this payment, you can claim Credit Monitoring Services.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
RBA Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
(833) 360-6856
info@RBADataSettlement.com
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Unless you opt out of the Settlement, you won’t be able to sue, continue to sue, or be part of any other lawsuit against the Defendants about any of the legal claims this Settlement resolves. The “Releases” section of the Settlement Agreement (Section IX) describes the legal claims that you give up if you remain in the Class.
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The fastest way to submit your Claim Form is online through the Claim Module . If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
RBA Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
If you received a postcard with a tearaway Claim Form, you may use it to claim Credit Monitoring Services and either a Lost Time payment or the $60.00 Alternative Payment. Simply complete the form, tear at perforation, and return by U.S. Mail. Postage is already paid.
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833) 360-6856, by email at info@RBADataSettlement.com , or by U.S. mail at the address above.
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If you are filing online, complete your claim by September 29, 2025. If you are filing a paper copy, your signed Claim Form along with any necessary documentation must be postmarked by September 29, 2025.
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The Court will hold a final approval hearing on October 30, 2025 (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement benefits will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court appointed attorney Brittany Resch of Strauss Borrelli PLLC to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the court to approve attorneys’ fees and costs up to $125,000.00. Class Counsel will also ask for a Service Award of $2,500.00 for the Class Representative. These expenses along with the cost of administration will be paid directly by RBA and will not count toward the $200,000.00 maximum claims amount.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive a Settlement payment, but you will keep any rights you may have to sue RBA on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is September 15, 2025.
To be valid, your Request for Exclusion must have the following information:
the name of the Action: Coen-Pesch v. RBA, Inc., Case No. Case No. 27-CV-24-17505, pending in the Minnesota District Court for the Fourth Judicial District, Minneapolis;
your full name and current mailing address;
personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
RBA Data Security Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799
Your Request for Exclusion must postmarked by September 15, 2025.
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If you are in the Class and do not like the Settlement, you can object. That means telling the Court why you think it should not be approved. The Court will consider what you say.
You cannot object if you have excluded yourself from the Settlement (see Question 15).
To be valid, your objection must provide the following information:
the name of the Action: Coen-Pesch v. RBA, Inc., Case No. Case No. 27-CV-24-17505, pending in the Minnesota District Court for the Fourth Judicial District, Minneapolis;
your full name, current mailing address;
a clear description of all the reasons you object; include any legal support you may have for your objection and explain if your objection applies only to you or the entire Class;
if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and telephone number;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
proof showing that you are a class member (such as one of the notices you received);
your signature (or, if you have hired your own lawyer, your lawyer’s signature).
For your objection to be valid, it must meet each of these requirements.
You must file your complete objection with the Clerk of Court by September 15, 2025. You must also send copies of the objection to both Class Counsel and counsel for Defendant.
Clerk of the Court | Class Counsel | Counsel for Defendants |
Clerk of the Court | Brittany Resch | Kevin M. Ringel |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on October 30, 2025, at 1:30 p.m. CT via video. Video information will be posted on this website.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The court will also decide how Class Counsel should be paid, and whether to award a Service Award to the Class Representative who brought this Action on behalf of the Class. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The hearing date and time may change without further notice. Please check the Important Dates for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you want to, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was complete and filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in Question 8.
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This website is a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
RBA Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
(833) 360-6856
info@RBADataSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 300 South 6th Street Minneapolis, MN 55487.
Do not contact the Court or Clerk of Court regarding this Settlement.
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