If You Are a Person Who Received A Notice Letter From ESO and Were a Resident of Texas at the Time Defendant Distributed the Notice Letter, You Are Eligible to Receive a Settlement Benefit from a Class Action Settlement
A Court has authorized the Notice. This is not a solicitation from a lawyer.
- A Court authorized the Notice, to those that are eligible to receive Settlement Benefits from a proposed class action settlement. The Litigation is titled In Re ESO Solutions, Inc. Breach Litigation, Case No. 1:23-cv-01557-RP and is pending in the United States District Court for the Western District of Texas. The people that filed the class action lawsuit are called Plaintiffs or Class Representatives and the company they sued is ESO Solutions, Inc. (ESO or Defendant). Defendant denies any wrongdoing whatsoever. A Court authorized the Notice, to those that are eligible to receive Settlement Benefits from a proposed class action
- Who is a Class Member?
All Persons who received a Notice Letter from ESO and were residents of Texas at the time ESO distributed the Notice Letter.
The Class specifically excludes: (i) all Persons who timely and validly request exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this settlement; and (iii) 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.
- The Settlement provides for Defendant to create a $757,500 non-reversionary common fund (the “Settlement Fund”) to resolve claims arising from September 2023 cyberattack that potentially impacted the highly sensitive information retained by ESO Solutions, Inc., a third-party software and data solutions company.
- Class Members under the Settlement Agreement will be eligible to receive the following Settlement Benefits:
- Reimbursement for Out-of-Pocket Losses: All Class Members who submit a Valid Claim are eligible to receive reimbursement for documented Out-of-Pocket Losses, if fairly traceable to the Data Incident, up to $5,000 per individual (Out-of-Pocket Loss Cap), which shall be paid out of the Settlement Fund upon submission of reasonable documented losses;
AND
- Pro Rata Cash Payments: Class Members may, in addition to making a Claim for reimbursement of Out-of-Pocket Losses, elect to receive a cash payment the amount of which will be determined pro rata to exhaust the Settlement Fund following the payment of any a Attorneys’ Fees, Costs, and Expenses and/or Service Awards for Plaintiffs, Settlement Administration Costs, Administration Fees, as well as all Valid Claims for Out-of-Pocket Loss reimbursements.
- Reimbursement for Out-of-Pocket Losses: All Class Members who submit a Valid Claim are eligible to receive reimbursement for documented Out-of-Pocket Losses, if fairly traceable to the Data Incident, up to $5,000 per individual (Out-of-Pocket Loss Cap), which shall be paid out of the Settlement Fund upon submission of reasonable documented losses;
- To obtain more information visit this website or call (833) 630-5360.
Please read the Notice carefully. Your legal rights will be affected, and you have a choice to make at this time.
| Summary of Legal Rights | Deadline(s) | |
Submit a Claim Form
| The only way to receive a Settlement Benefit from the settlement. | Submitted or postmarked on or before March 12, 2026. |
Exclude Yourself by Opting Out of the Settlement Class
| Receive no benefit from the settlement. This is the only option that allows you to keep your right to bring any other lawsuit against Defendant relating to the Data Incident. | Mailed and postmarked on or before February 10, 2026.
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Object to the Settlement and/or Attend the Final Fairness Hearing
| You can write the Court about why you agree or disagree with the settlement or the Attorneys’ Fees, Costs, and Expenses and/or Service Awards for Plaintiffs. The Court cannot order a different settlement. You can also ask to speak at the Final Fairness Hearing on April 16, 2026 at 9:00 AM CT, about the fairness of the settlement, with or without your own attorney. | Mailed and postmarked on or before February 10, 2026. |
Do Nothing
| You will not receive any Settlement Benefit from this class action settlement, but will remain a Class Member and be bound by the releases. | N/A |
- Your rights and options as a Class Member – and the deadlines to exercise your rights – are explained in the Notice.
- The Court still will have to decide whether to approve the settlement. Settlement Benefits will be made available only if the Court approves the settlement and after any possible appeals are resolved.