1. How do I know if I am affected by the Lawsuit and Settlement?
2. What is this case about?
3. Why is there a settlement?
4. Why is this a class action?
5. How do I know if I am included in the Settlement?
6. What does this Settlement provide?
7. How Do I Submit a Claim?
8. What am I giving up as part of the Settlement?
9. Will the Class Representative receive compensation?
10. How do I exclude myself from the Settlement?
11. If I do not exclude myself, can I sue later?
12. What happens if I do nothing at all?
13. Do I have a lawyer in the case?
14. How will the lawyers be paid?
15. How do I tell the Court that I do not like the Settlement?
16. What is the difference between objecting and asking to be excluded?
17. When and where will the Court decide whether to approve the Settlement?
18. Do I have to come to the hearing?
19. May I speak at the hearing?
20. What happens if I do nothing?
21. How do I get more information about the Settlement?
You are a Settlement Class Member if you reside in the United States and were mailed written notification by GFCU that your Personal Information was potentially accessed, viewed, and/or obtained as a result of the Data Incident which occurred between December 13, 2022, and December 15, 2022. Settlement Class Members will receive a postcard notice of the Settlement that includes their Class Member ID Number.
The Settlement Class specifically excludes: (i) Generations Federal Credit Union (“GFCU”), the Related Entities, and their officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) 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 Notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Settlement Class.
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This case is known as Jamarius Davis v. Generations Federal Credit Union, Case No. 2023-CI-17034, (“Lawsuit”), filed in the 131st Judicial District Court of Bexar County, Texas. The person who sued is called the “Plaintiff” and the company they sued, GFCU, is known as the “Defendant” in this case.
Plaintiff filed a lawsuit against Defendant, individually, and on behalf of anyone whose personal information was potentially impacted as a result of the Data Incident.
This Lawsuit arises out of unauthorized access to Generations Federal Credit Union’s (“GFCU”) email system and certain files containing personal information including names, addresses, dates of birth, Social Security numbers, driver’s license or state ID numbers, financial account numbers, credit/debit card numbers, digital signatures, usernames and passwords, medical treatment/diagnosis information, and/or health insurance information, and other types of personally identifiable information (collectively “Personal Information”), which occurred between December 13, 2022 and December 15, 2022 (the “Data Incident”). GFCU disagrees with Plaintiff’s claims and denies any wrongdoing. After learning of the Data Incident, notification was mailed to persons whose Personal Information may have been impacted by the Data Incident. Subsequently, this lawsuit was filed asserting claims against GFCU relating to the Data Incident.
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By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representative, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class Members. The Court did not decide in favor of the Plaintiff or Defendant.
Full details about the proposed Settlement are found in the Settlement Agreement.
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In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.” Here, Plaintiff and Class Representative Jamarius Davis has sued on behalf of himself and all Settlement Class Members.
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Settlement Class Members are defined as persons who reside in the United States and were mailed written notification by GFCU that their Personal Information was potentially accessed, viewed, and/or obtained as a result of the Data Incident which occurred between December 13, 2022 and December 15, 2022.
If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, email info@GFCUDataSettlement.com, call toll free 1-833-360-6879, or write to GFCU Data Settlement, P.O. Box 25226, Santa Ana, CA 92799.
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The proposed Settlement will provide the following benefits to Settlement Class Members:
Expense Reimbursement:
Documented Out of Pocket Expense Reimbursement (Ordinary Losses): All Settlement Class Members who submit a Valid Claim are eligible for the following documented out-of-pocket expenses, not to exceed $500.00 per Settlement Class Member, that were incurred as a result of the Data Incident: (i) unreimbursed bank fees; (ii) long distance phone charges; (iii) cell phone charges (only if charged by the minute); (iv) data charges (only if charged based on the amount of data used); (v) postage; and (vi) gasoline for local travel purchased by Settlement Class Members between December 13, 2022 and September 15, 2025.
To receive reimbursement for any of the above-referenced out-of-pocket expenses, Settlement Class Members must submit a valid and timely claim, including necessary supporting documentation, to the Claims Administrator.
Lost Time Reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to four (4) hours of lost time spent dealing with the Data Incident (calculated at the rate of $20.00 per hour), but only if at least one (1) full hour was spent.
Settlement Class Members may receive reimbursement for lost time if the Settlement Class Member: (i) attests that any claimed lost time was spent responding to issues raised by the Data Incident; and (ii) provides a check-box style description, or written description if no checkbox is applicable, of how the claimed lost time was spent related to the Data Incident.
Claims made for lost time can be combined with reimbursement for out-of-pocket expenses and are subject to the same $500.00 cap for all Settlement Class Members.
Documented Extraordinary Loss Reimbursement: Settlement Class Members are also eligible to receive reimbursement for extraordinary losses, not to exceed $4,500.00 per Settlement Class Member for documented monetary loss that: (i) is actual, documented, and unreimbursed; (ii) was more likely than not caused by the Data Incident; (iii) occurred between December 13, 2022 and September 15, 2025; and (iv) is not already covered by any of the above-referenced documented out-of-pocket expenses or lost time reimbursement categories. Settlement Class Members must also provide documentation that he or she made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.
Credit Monitoring: Settlement Class Members can also elect to enroll in two (2) years of three-bureau credit monitoring and identity theft protection services with at least $1,000,000.00 in identity theft insurance. Settlement Class Members who wish to claim credit monitoring must do so by the Claims Deadline on September 15, 2025, by selecting the credit monitoring option on the Claim Form.
Information Security Improvements: GFCU will implement and keep in place various security-related improvements for a period of two (2) years after final approval of the settlement. Costs associated with these security improvements will be paid by GFCU separate and apart from other settlement benefits.
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All claims will be reviewed by the Claims Administrator. You must file a Claim Form to get any money from the proposed Settlement. Claim Forms must be submitted online here by September 15, 2025, or postmarked no later than September 15, 2025. You can download a Claim Form here or you can call the Claims Administrator at 1-833-360-6879.
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If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue GFCU and its Related Entities and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, principals, agents, attorneys, insurers, and reinsurers regarding the claims in this case. The Settlement Agreement, which includes all provisions about settled claims, releases, and Released Persons, can be reviewed here.
The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the Settlement Class, if the Settlement is approved, and you give up the right to sue for the claims in this case
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Yes. The Class Representative will request a service award of up to $2,500.00, to compensate them for their services and efforts in bringing the lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representative.
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If you do not want to be included in the Settlement, you must send a timely written request for exclusion. Your request for exclusion must: (i) state the Settlement Class Member’s full name, current mailing address, and signature; and (ii) clearly manifest a Person’s intent to be excluded from the Settlement Class.
Your written request for exclusion must be postmarked no later than September 30, 2025, to:
GFCU Data Settlement
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799
If you exclude yourself, you will not be able to receive any cash benefits from the Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit and you will keep your right to sue the Defendant on your own for the claims that this Settlement resolves.
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No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Persons (listed in Question 8) for the claims this Settlement resolves.
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If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons (listed in Question 8) about the settled claims in this case at any time.
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Yes. The Court has appointed Lynn A. Toops of CohenMalad , LLP (called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will apply to the Court for an award of attorneys’ fees, costs, and litigation expenses in an amount not to exceed $120,000.
A copy of Class Counsel’s Application for Attorneys’ Fees and Expenses will be posted on the Important Documents page. At the Final Fairness Hearing, the Court will determine the amounts to be paid to Class Counsel and Plaintiff and may award less than the amount requested by Class Counsel.
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If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you can submit an objection telling it why you do not think the Settlement should be approved. Objections must be submitted in writing and include all the following information:
Such notice shall state:
the objector’s full name, address, telephone number, and email address (if any);
information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident);
a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable;
the identity of any and all counsel representing the objector in connection with the objection;
a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing;
the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and
a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years.
Your Objection must include the case name and docket number, Jamarius Davis v. Generations Federal Credit Union, Case No.: 2023-CI-17034 (the “GFCU Action”), and be submitted to the Clerk of the Court by First-Class mail, received no later than September 30, 2025, to:
Court Clerk
Bexar County Courthouse
100 Dolorosa, 4th Floor
San Antonio, TX 78205
In addition, you must mail a copy of your objection to Class Counsel and Defense Counsel, postmarked no later than September 30, 2025:
Class Counsel | Defendant’s Counsel |
Lynn A. Toops | Michelle R. Gomez |
Any objections to Plaintiff’s Motion for Attorney’s Fees, Costs, Expenses, and Service Award (“Fee Motion”) must be submitted with thirty (30) days of the filing of Plaintiff’s Fee Motion. A copy of Plaintiff’s Fee Motion will be posted here and will include the deadline for objections.
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Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
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The Court will hold the Final Fairness Hearing on January 20, 2026, at 9:00 a.m., in the Bexar County Presiding Civil District Courtroom (Room 1.09), 100 Dolorosa, San Antonio, Texas, 78205. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that to check the Important Dates page for updated information.
At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of Attorneys’ Fees, Costs, and Expenses to Class Counsel and the request for a service award to the Class Representative.
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No. You are not required to come to the Final Fairness Hearing. However, you are welcome to attend at your own expense.
If you submit an Objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Fairness Hearing, but that is not necessary.
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Yes. You can speak at the Final Fairness Hearing, but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in Question 15, including all the information required. You cannot speak at the hearing if you exclude yourself from the Settlement.
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If you do nothing, you will not get any money from the Settlement, you will not be able to sue for the claims in this case, and you release the claims against Defendant described in Question 8.
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This is only a summary of the proposed Settlement. If you want additional information about this lawsuit, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Class Counsel’s Application for Attorneys’ Fees and Expenses, and more, please visit the Important Documents page. You may also call 1-833-360-6879, email info@GFCUDataSettlement.com, or write to GFCU Data Settlement, P.O. Box 25226, Santa Ana, CA 92799.
Please do not address any questions about the Settlement or Litigation to the clerk of the Court, the Judge, Defendant, or Defendant’s Counsel.
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