Frequently Asked Questions

Basic Information

1. Why was the Notice issued?

Settlement Class Members may be eligible to receive payment from a proposed settlement of the Lawsuit. The Court overseeing the Lawsuit authorized the Notice to advise Settlement Class Members about the proposed settlement that will affect their legal rights. This Website explains certain legal rights and options Settlement Class Members have in connection with the settlement.

2. What is the Lawsuit about?

The Lawsuit is a proposed class action lawsuit brought on behalf of certain individuals whose information may have been accessed and/or acquired by unauthorized individuals as part of the Ransomware Incident. The affected information may include names and Social Security numbers.

The Lawsuit claims Defendant is legally responsible for the Ransomware Incident and asserts various legal claims, including negligence, breach of implied contract, and declaratory judgment. Defendant denies these claims and denies that it did anything wrong.

3. Why is the Lawsuit a class action?

In a class action, one or more representative plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all of these people are the “class” and each individually is a “class member.” There is one Representative Plaintiff in this case: Tracy Tanner. The class in this case as referred to in this website and the Notice is the “Settlement Class.”

4. Why is there a settlement?

The Representative Plaintiff in the Lawsuit, through his attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Representative Plaintiff and Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Representative Plaintiff’s claims or Defendant’s defenses have any merit, and it will not do so if the proposed settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive compensation. The settlement does not mean that Defendant did anything wrong, or that the Representative Plaintiff and the Class would or would not win their case if it were to go to trial.

Terms of the Proposed Settlement

5. Who is in the Settlement Class?

The Settlement Class is defined by the Court as all individual U.S. residents to whom Plavan sent written notification of the February 23, 2024, Ransomware Incident. Excluded from the Settlement Class are: (1) the Judge and Magistrate Judge presiding over the Lawsuits, any members of the Judges’ respective staffs, and immediate members of the Judges’ respective families; (2) officers, directors, members and shareholders of Defendant; (3) persons who timely and validly request exclusion from and/or opt-out of the Settlement Class and the successors and assigns of any such excluded persons; and (4) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Ransomware Incident or who pleads nolo contendere to any such charge.

6. What are the terms of the settlement?

The proposed settlement would create a Settlement Fund of $300,000.00 that would be used to pay all costs of the settlement, including: (i) payments to Settlement Class Members who submit valid claims, (ii) costs of administration and notice (approximately $15,900.00), (iii) any attorneys’ fees (up to $100,000.00) and/or litigation costs and expenses (up to $10,000.00) awarded by the Court to Class Counsel, and (v) any service award to the Representative Plaintiff awarded by the Court (up to $5,000.00). The settlement also releases all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Ransomware Incident, as detailed in the Class Settlement Agreement and Release.

7. What claims are Settlement Class Members giving up under the settlement?

Settlement Class Members who do not validly exclude themselves from the settlement will be bound by the Class Settlement Agreement and Release and any final judgment entered by the Court, and will give up their right to sue Defendant and other Released Persons (as defined in the Settlement Agreement) for the claims being resolved by the settlement, including all claims or potential claims of Settlement Class Members against Defendant and other Released Persons arising from or related to the Ransomware Incident.

The claims that Settlement Class Members are releasing are described in Section 6.1 of the Class Action Settlement Agreement and Release and the persons and entities being released from those claims are described in Sections 1.21 and 1.22 of the Class Action Settlement Agreement and Release. Section 9.1 of the Class Settlement Agreement and Release explains when such releases will occur. The Class Settlement Agreement and Release is available here.

Payments to Settlement Class Members

8. What kind of payments can Settlement Class Members receive?

Settlement Class Members who submit valid claims and any required documentation may receive one or more of the following, to be paid from the Settlement Fund:

• 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 $550.00;

• Three years of three bureau Credit Monitoring Services;

• Reimbursement of Ordinary Out-of-Pocket Losses up to $1,000.00 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 $30.00 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 $10,000.00 per person for Out-of-Pocket Losses.

Depending on how many valid claims are submitted, the amounts of the reimbursements, Attested Time payments, and Cash Payments will be adjusted upward or downward proportionally among Settlement Class Members submitting valid claims, as explained further below in FAQ 12.

9. What is the Cash Payment?

Every Settlement Class Member is eligible to receive a Cash Payment of up to $550.00, regardless of whether he or she experienced any unauthorized charges or identifiable losses related to the Ransomware Incident. Settlement Class Members seeking a Cash Payment must provide the information required on the Claim Form. The Cash Payment is subject to upward (to a maximum of $550) or downward adjustment as described below in FAQ 12.

Eligibility for any award, including the Cash Payment, is within the discretion of the Claims Administrator as outlined in FAQ 16.

10. What is Reimbursement for Ordinary Out-of-Pocket Losses?

All Settlement Class members may submit a claim for Ordinary Out-of-Pocket Losses up to $1,000.00 per individual.

“Ordinary Out-of-Pocket Losses” are unreimbursed costs or expenditures incurred by a 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.

Settlement Class Members who elect to submit a claim for reimbursement of Ordinary Out-of-Pocket Losses must provide to the Settlement Administrator the information required to evaluate the claim, including: (1) the Settlement Class Member’s name and current address; (2) documentation supporting their claim; and (3) a brief description of the documentation describing the nature of the loss, if the nature of the loss is not apparent from the documentation alone.

Documentation supporting Ordinary Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” by the Settlement Class member that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity to or support other submitted documentation.

11. What is Reimbursement for Extraordinary Losses and Attested Time?

In addition to submitting a claim for Ordinary Out-of-Pocket Losses, Settlement Class Members who believe they have suffered identity theft, fraud, or other extraordinary losses may submit a claim for Extraordinary Out-of-Pocket Losses up to $10,000.00 per individual.

“Extraordinary Out-of-Pocket Losses” are 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.

Extraordinary Out-of-Pocket Losses are actual, documented, and unreimbursed costs, expenses, losses or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of the Settlement Class member’s personal information.

The loss must have occurred between February 23, 2024 (or the earliest verifiable date the data breach occurred) and the Claims Deadline. The Settlement Class Member must have 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.

The Settlement Class Member must have 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.

Settlement Class Members who elect to submit a claim for reimbursement of Extraordinary Out-of-Pocket Losses must provide to the Settlement Administrator the information required to evaluate the claim, including: (1) the Settlement Class member’s name and current address; (2) documentation supporting their claim; and (3) a brief description of the documentation describing the nature of the loss, if the nature of the loss is not apparent from the documentation alone.

Documentation supporting Extraordinary Out-of-Pocket Losses can include receipts or other documentation not “self-prepared” by the Settlement Class member that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity to or support other submitted documentation.

Whether or not Settlement Class Members 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 $30.00 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 $10,000.00 per person for Out-of-Pocket Losses.

12. When and how will the amount of settlement payments be adjusted?

If the aggregate amount of Approved Claims for Ordinary Out-of-Pocket Losses and Approved Claims for Extraordinary Out-of-Pocket Losses and Attested Time exceeds the remaining amount of the Settlement Fund after payment of Approved Claims for Credit Monitoring Services, notice and administration costs, a service award payment approved by the Court, and attorneys’ fees and expenses approved by the Court, Approved Claims for Ordinary Out-of-Pocket Losses and Approved Claims for Extraordinary Out-of-Pocket Losses and Attested Time will be decreased pro rata to consume the remaining amount of the Settlement Fund.

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 Residual Cash Payment or any other benefit available under the Settlement. The amount of the Residual 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 $550.00.

13. What happens after all claims are processed and there are funds remaining?

If there are any funds remaining after all valid claims are processed and the time to cash any payment checks has passed, those funds shall be distributed as directed by the Court, including potential distribution to a charitable organization. No remaining funds will be returned to Defendant.

Your Options as a Settlement Class Member

14. If I am a Settlement Class Member, what options do I have?

If you are a Settlement Class Member, you do not have to do anything to remain in the settlement. However, if you wish to seek an award under the settlement, you must complete and submit a Claim Form postmarked or submitted online by June 18, 2025.

If you do not want to give up your right to sue Defendant about Ransomware Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See FAQ 18 below for instructions on how to exclude yourself.

If you wish to object to the settlement, you must remain a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class by opting out) and submit a written objection. See FAQ 21 below for instructions on how to submit an objection.

15. What happens if I do nothing?

If you do nothing, you will get no award from this settlement. Unless you exclude yourself, after the settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant and other Released Persons related to the claims released by the settlement.

16. How do I submit a claim?

You may complete the Claim Form online. You may also obtain a paper Claim Form by downloading it from here or by calling the Claims Administrator at 833-296-0765. If you choose to complete a paper Claim Form, you may either submit the completed and signed Claim Form and any supporting materials electronically to info@PlavanDataBreachSettlement.com or mail them to: Plavan Commercial Fueling Data Breach Settlement, PO Box 25226, Santa Ana, CA 92799.

If you do not wish to make a Claim for Reimbursement of Ordinary Out-of-Pocket Losses or Reimbursement of Extraordinary Losses, but you do wish to make a claim for a Cash Payment, Credit Monitoring Services, and/or Extraordinary Attested Time, you may fill out and return the “tear off” claim form attached to the mailed notice of this settlement, for which the postage is prepaid.

17. Who decides my settlement claim and how do they do it?

The Claims Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to provide all required information will invalidate a claim and it will not be paid.

18. How do I exclude myself from the settlement?

To opt out of the settlement you must make a signed, written request that (i) says you wish to exclude yourself from the Settlement Class in this Lawsuit, and (ii) includes your name, address and phone number. You must submit your request through the settlement website or mail your request to this address:

Plavan Commercial Fueling Data Breach Settlement,
c/o Claims Administrator
PO Box 25226
Santa Ana, CA 92799

Your request must be submitted online or postmarked by May 19, 2025.

19. If I exclude myself, can I receive any payment from this settlement?

No. If you exclude yourself, you will not be entitled to any award. However, you will also not be bound by any judgment in this Lawsuit.

20. If I do not exclude myself, can I sue Defendant for the Ransomware Incident later?

No. Unless you exclude yourself, you give up any right to sue Defendant and other Released Persons for the claims that this settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form requesting a payment.

21. How do I object to the settlement?

All Settlement Class Members who do not request exclusion from the Settlement Class have the right to object to the settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

Any objection to the proposed settlement must be in writing and it, along with any supporting papers, must be mailed to the Clerk of the Court, Settlement Class Counsel and Defendant’s Counsel, at the mailing addresses listed below. Your objection must be filed or postmarked no later than the objection deadline, May 19, 2025:

To be considered by the Court, your objection must list all of the following information: (i) the name of the Lawsuit: Tanner v. Plavan Commercial Fueling, Inc. d/b/a P-Fleet, No. 24-CV-01341 (S.D. Cal.); (ii) the objector’s full name; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class; (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of all counsel representing the objector; (vi) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; (vii) a statement identifying all class action settlements objected to by the objector in the previous 5 years; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative, if any.

If you submit a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

Court Approval of the Settlement

22. How, when and where will the Court decide whether to approve the settlement?

The Court will hold a Final Approval Hearing to decide whether to approve the settlement. That hearing is scheduled for July 21, 2025 at 3:30 p.m. at the United States District Court, Southern District of California, 333 West Broadway, Courtroom 15B, San Diego, CA 92101. Please visit the Court’s website at https://www.casd.uscourts.gov for current information regarding courthouse access and court hearings. At the Final Approval Hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Settlement Class Counsel’s request for attorneys’ fees and costs, and the request for a service award for the Representative Plaintiff. After the hearing, the Court will decide whether to approve the settlement.

It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this Settlement Website, the Court’s website at https://www.casd.uscourts.gov/ or access the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system to confirm the schedule if you wish to attend.

23. Do I have to attend the hearing?

No. You do not need to attend the hearing unless you object to the settlement and wish to appear in person. It is not necessary to appear in person in order to make an objection; the Court will consider any written objections properly submitted according to the instructions in FAQ 21. You or your own lawyer are welcome to attend the hearing at your expense but are not required to do so.

24. What happens if the Court approves the settlement?

If the Court approves the settlement and no appeal is taken, the Settlement Fund will be fully funded. The Claims Administrator will pay any attorney fees and costs award and any Representative Plaintiff’s service award from the Settlement Fund. Then, within the later of 60 days after the Effective Date or 30 days after all disputed claims have been resolved, the Claims Administrator will send settlement payments to Settlement Class Members who submitted timely and valid Settlement Claims.

If any appeal is taken, it is possible the settlement could be disapproved on appeal.

25. What happens if the Court does not approve the settlement?

If the Court does not approve the settlement, no Settlement Fund will be created, there will be no settlement payments to Settlement Class Members, Settlement Class Counsel or the Representative Plaintiff, and the case will proceed as if no settlement had been attempted.

Lawyers for the Settlement Class and Defendant

26. Who represents the Settlement Class?

The Court has appointed the following Class Counsel to represent the Settlement Class in this Lawsuit:

Settlement Class Members will not be charged for the services of Settlement Class Counsel; Settlement Class Counsel will be paid out of the Settlement Fund, subject to Court approval. However, you may hire your own attorney at your own cost to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing.

27. How will the lawyers for the Settlement Class be paid?

Settlement Class Counsel will request the Court’s approval of an award for attorneys’ fees up to $100,000.00, plus reasonable costs and expenses (up to $10,000.00), which shall be paid from the Settlement Fund. Settlement Class Counsel will also request approval of a service award of $5,000.00 to the Representative Plaintiff, which shall also be paid from the Settlement Fund.

28. Who represents Defendant in the Lawsuit?

Defendant is represented by the following lawyers:

For Further Information

29. What if I want further information or have questions?

This Website summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the Class Action Settlement Agreement and Release available on the Important Documents page of this Website, by contacting Settlement Class Counsel at the phone numbers provided in response to FAQ 26 above, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system or by visiting the Clerk of the Court, United States District Court, Southern District of California, 333 West Broadway, Suite 420, San Diego, CA 92101 between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding Court holidays.

Simpluris will act as the Claims Administrator for the settlement. You can contact the Claims Administrator via email at info@PlavanDataBreachSettlement.com, via phone at 833-296-0765, or write to:

Plavan Commercial Fueling Data Breach Settlement,
c/o Claims Administrator
PO Box 25226,
Santa Ana, CA 92799

Please do not contact the Court.