Plavan Data Breach Settlement

US District Court for the Southern District of California
Tanner v. Plavan Commercial Fueling, Inc., Case No. 24-CV-01341

If you are an individual U.S. resident to whom Plavan sent written notification of the February 23, 2024, Ransomware Incident, YOU SHOULD READ THIS WEBSITE CAREFULLY BECAUSE IT WILL AFFECT YOUR RIGHTS.

A proposed settlement has been reached in a class action lawsuit titled, Tanner v. Plavan Commercial Fueling, Inc. d/b/a P-Fleet, Case No. 24-CV-01341 (S.D. Cal.) (the “Lawsuit”). The Lawsuit asserts claims against Defendant related to a ransomware incident that occurred on or around February 23, 2024 (the “Ransomware Incident”). Defendant notified potentially impacted individuals of the Ransomware Incident beginning in June 2024.

The settlement provides benefits to all individual U.S. residents to whom Plavan sent written notification of the February 23, 2024, Ransomware Incident (“Settlement Class Members”). The benefits available are as follows:

  • A Cash Payment of up to $550.00. If there are funds remaining in the Settlement Fund after payment of Approved Claims for Credit Monitoring Services, Approved Claims for Ordinary Out-of-Pocket Losses, Approved Claims for Extraordinary Out-of-Pocket Losses and Attested Time, costs of notice and administration, a service award approved by the Court, and attorney’s fees and expenses approved by the Court (“the Remainder”), the Remainder will be paid pro rata to each Settlement Class Member who timely submitted an approved claim, whether for a Cash Payment or any other benefit available under the Settlement. The amount of the Cash Payments will be calculated by dividing the Remainder by the number of Settlement Class Members who timely submitted an approved claim, and thus could be less than $550;

  • Three years of three bureau Credit Monitoring Services;

  • Reimbursement of Ordinary Out-of-Pocket Losses up to $1,000 per individual for unreimbursed costs or expenditures incurred by a Settlement Class Member in responding to notice of the Ransomware Incident that were incurred between February 23, 2024 (or the earliest verifiable date the data breach occurred) and the Claims Deadline, as result of the Ransomware Incident;

  • Reimbursement of Extraordinary Losses up to $10,000 per individual for proven monetary losses incurred by a Settlement Class member that are more likely than not caused by the Ransomware Incident and are losses that are not already covered by one or more of the normal reimbursement categories; and/or

  • Whether or not they incurred Extraordinary Out-of-Pocket Losses, Settlement Class Members may also submit a claim for up to 5 hours of time spent remedying issues related to the Ransomware Incident at a rate of $30 per hour, but only if at least 1 full hour was spent. This relief is available only for time spent as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of the Settlement Class member’s personal information. Settlement Class Members must provide an attestation and a brief description of (1) the actions taken in response to the Ransomware Incident and (2) the time associated with each action (“Attested Time”). Reimbursement for Attested Time is included in the total of up to $10,000 per person for Out-of-Pocket Losses.

If you are a Settlement Class Member, your options are:

Submit a Claim Form

DEADLINE: June 18, 2025

You must submit a valid claim form to receive a payment from this Settlement. If you submit a valid claim, you will receive a payment but will no longer be able to sue Defendant over the claims resolved in the settlement.

Do Nothing

You will receive no payment and will no longer be able to sue Defendant over the claims resolved in the settlement.

Exclude Yourself

DEADLINE: May 19, 2025

You may exclude yourself from this settlement and keep your right to sue separately. If you exclude yourself, you receive no payment. Exclusion instructions are provided in FAQ 18.

Object

DEADLINE: May 19, 2025

If you do not exclude yourself, you may write to the Court to comment on or detail why you do not like the settlement by following the instructions FAQ 21. The Court may reject your objection. You must still file a claim if you desire any monetary relief under the settlement.

The Court must give final approval to the settlement before it takes effect but has not yet done so. No payments will be made until after the Court gives final approval and any appeals are resolved.

Please review this website carefully. You can learn more about the settlement by visiting this website often or by calling 1-833-296-0765.

Upcoming Important Dates

Notification Mailing

3/20/2025

Opt Out Deadline

5/19/2025

Objection Deadline

5/19/2025

Claim Deadline

6/18/2025

Final Approval Hearing

7/21/2025