OPM, Contractor Reach Preliminary Settlement in Data Breach Class Action

The Office of Personnel Management (OPM) and its security contractor Peraton Risk Decision reached last week a preliminary settlement with a class action lawsuit concerning data breaches between 2013 and 2015. The lawsuit, according to the class action, concerns a data breach that allegedly compromised the personal information of current and former federal employees, contractors, and applicants. While OPM and Peraton deny any wrongdoing on their part, they have agreed to settle.

You qualify as a class member if you were affected by:

1. OPM’s electronic information systems breach in 2014 and 2015; or

2. Peraton’s electronic information systems breach in 2013 and 2014; and

3. If, after May 7, 2014, the individual incurred an out-of-pocket expense:

   1. to purchase a product or service designed to identify or remediate the data breaches, including credit monitoring or identity theft protection;

   2. to obtain, freeze or unfreeze a credit report through a credit reporting agency;

   3. an attempt to detect or mitigate identity theft.

If you qualify as a class member, you are entitled to a payment settlement after submitting a claim form online here. The claims administrator can also provide you with a paper claim form by calling 1-855-917-3567 or downloading one online. You must submit the completed claim form online or by mail by December 23, 2022.  

The defendants will contribute $63,000,000 to a settlement fund, which will be distributed to class members submitting valid claims. Each class member who submits a valid claim will receive $700 or the amount of the claim, whichever is greater, up to a maximum of $10,000.

The U.S. Court of Appeals for the D.C Circuit has not approved the final settlement. The court is set to review the agreement on October 14, 2022. If the settlement is finalized, and any appeals are resolved in favor of the class action, money will be distributed to those who have submitted a timely, valid claim form and meet other eligibility requirements.

For insights into the class action, Shaw Bransford & Roth Attorney Conor Dirks discussed the initial case before the U.S. District Court for the District of Columbia and the subsequent appeal in a contemporary case law update.

Find more information about the lawsuit and claim member rights at OPMDataBreach.com or by call 1-855-917-3567.