1. Why was a 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 Settlement 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 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?
20. What happens if I do nothing at all?
21. How do I get more information?
The Circuit Court for Montgomery County, Maryland, authorized a 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. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Rush et al. v. Red Coats, Inc., Civil Action No. C-15-cv-26-001098. It is pending in the Circuit Court for Montgomery County, Maryland. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Red Coats, Inc., is called the “Defendant.”
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This lawsuit alleges that during the May 2025 targeted cyberattack on Red Coats' computer systems, certain files that contained Private Information were accessed. These files may have contained personal information such as names; addresses; Social Security numbers; and driver’s license numbers.
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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 proposed Settlement, the Class Representatives are Chloris Smith and Jermaine Jackson, Jr. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are 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. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class to include: “All persons who were sent written notification of the Data Incident.”
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Yes. Excluded from the Class are: (1) the Judge assigned to evaluate the fairness of this Settlement; and (2) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
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All Class Members may claim Credit Monitoring and Identity Theft Protection Services and one or more of the cash payment options.
Credit Monitoring and Identity Theft Protection Services. All Class Members are eligible to enroll in one year of CyEx Financial Shield Complete.This comprehensive service comes with $1 million of financial fraud insurance, and includes monitoring for:
fraud or identity theft
unauthorized financial transactions
personal information associated with high-risk transactions
If needed, you may contact a fraud resolution agent for assistance.
Cash Payments. Class Members who have documented losses may claim payment from Reimbursement for Ordinary Out-of-Pocket Losses and Reimbursement for Extraordinary Out-of-Pocket Losses. Additionally, Class Members who spent time responding to the Data Incident may claim payment from Reimbursement for Attested Time. You may claim one or more payments from these options.
Reimbursement for Ordinary Out-of-Pocket Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you can get back up to $2,000.00. The losses must have occurred between May 26, 2025, and January 7, 2027.
This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You must send proof, like receipts, to show how much you spent or lost. Your personal certifications, declarations, or affidavits do not constitute reasonable documentation to make a valid claim, but you may include that to provide clarification, context, or support for other submitted reasonable documentation showing that your expenses were because of the Data Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Reimbursement for Extraordinary Out-of-Pocket Losses. If you lost money because of identity theft or fraud, you can get back up to $3,000.00.
You will need to show that:
the theft or fraud was probably caused by the Data Incident
the losses are not already covered by Reimbursement for Ordinary Out-of-Pocket Losses
you tried to prevent the loss or get your money back, such as by using insurance you already have
The losses must have occurred between May 26, 2025, and January 7, 2027.
You need to send proof, like receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Incident.
Reimbursement for Attested Time. Class Members who spent time responding to the Data Incident may claim up to four hours, at $25.00 per hour, for a maximum of $100.00.
You must have spent the time on tasks related to the Data Incident. Some examples include things like:
changing your passwords
investigating suspicious activity in your accounts
researching the Data Incident
You must briefly describe how you spent this time.
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If you stay in the Class, you won’t be able to be part of any other lawsuit against Red Coats related to the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section III) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Red Coats Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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If you are submitting a Claim Form online here, you must do so by January 7, 2027. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than January 7, 2027.
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The Court will hold a Final Approval Hearing on January 4, 2027 (see FAQ 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 payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed law firms Milberg PLLC; Kopelowitz Ostrow P.A.; and Cole & Van Note, 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 up to $200,000.00 as reasonable attorneys' fees and costs of litigation. This amount will be paid by Red Coats. Class Counsel will also ask for Service Award payments of $1,500.00 for each of the Class Representatives. Service Award payments will also be paid by Red Coats.
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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 an Opt-Out Request. If you opt out, 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 opt out. However, you will keep any rights you may have to sue Red Coats on your own about the legal issues in this case.
The deadline to opt out from the Settlement is December 8, 2026.
To be valid, your Opt-Out Request must have the following information:
the name of the Litigation: Rush et al. v. Red Coats, Inc., Civil Action No. C-15-cv-26-001098, pending in the Circuit Court for Montgomery County, Maryland;
your full name, mailing address, telephone number, and email address;
personal signature; and
the words “Opt-Out Request” 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:
Red Coats Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked or emailed by December 8, 2026.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views. You cannot object if you have opted-out from the Settlement (see FAQ 15).
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Rush et al. v. Red Coats, Inc., Civil Action No. C-15-cv-26-001098, pending in the Circuit Court for Montgomery County, Maryland;
your full name, mailing address, telephone number, and email address (if any);
a statement of the specific grounds for the objection, as well as any documents supporting the objection;
the identity of any attorneys representing the objector; and
the signature of the Class Member or the Class Member’s attorney.
For your objection to be considered, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by December 8, 2026. You must also send a copy of the objection by U.S. Mail to the Settlement Administrator, Class Counsel, and Defendant’s Counsel.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Red Coats Data Incident Settlement |
Class Counsel | Counsel for Defendant |
Gary M. Klinger | Jenn O. Hatcher |
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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 opt out from the Settlement. Opting out from the Settlement is 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 January 4, 2027, at 10:00 a.m. Eastern Time in the Circuit Court for Montgomery County, Maryland, at 50 Maryland Avenue, Rockville, MD 20850. At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide Class Counsel’s request for an attorneys’ fees and costs award and the request for a Service Award to the Class Representatives. The Court will also consider any timely 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 FAQ 16).
The date and time of this hearing may change without further notice. Please check this website 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 wish, 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 filed on time pursuant to the requirements described in FAQ 16. 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 FAQ 8.
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This Settlement Website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page. You can also obtain copies of publicly filed documents by visiting the office of the Circuit Court for Montgomery County, Maryland, 50 Maryland Avenue, Rockville, MD 20850.
Do not contact the Court or Clerk of Court regarding this Settlement.
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