1. Why did I get a notice?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
5. How do I know if I am part of the Settlement?
6. What does the Settlement provide?
7. How will the Settlement help me protect against future identity theft and fraud?
8. How do I file a claim for credit monitoring, reimbursement of out-of-pocket losses, or an alternative cash payment?
9. How will claims be decided?
10. When will I get my payment?
11. What am I giving up as part of the Settlement?
12. Do I have a lawyer in the case?
13. How will the lawyers be paid?
14. Will the Settlement Class Representatives receive additional money?
15. How do I exclude myself from the Settlement?
16. How do I tell the Court that I like or do not like the Settlement?
17. How do I get more information?
A court authorized the Notice of Settlement to inform you on how you may be affected by the proposed Settlement. The Notice describes the lawsuit, the general terms of the proposed Settlement and what it may mean to you. The Notice of Settlement also explains how to participate in, or exclude yourself from, the Settlement if you received notification that your personal information was compromised in the Continental Data Incident.
For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this Settlement, see Question 5.
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On October 18, 2024, Continental became aware of a cybersecurity event affecting individuals’ Private Information (the “Data Incident”). Continental provided written notice of the Data Incident to all affected individuals on November 12, 2024. The lawsuit claims that Continental is responsible for the Data Incident. Continental denies these claims and any wrongdoing. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Continental.
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In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “class” or “class members.” Because this is a class action settlement, even persons who did not file their own lawsuit can obtain benefits provided under the Settlement, except for those individuals who exclude themselves from the Settlement Class by the deadline.
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The Court has not decided in favor of Plaintiff or Continental. Instead, both sides agreed to a settlement after months of settlement negotiations. Settlements avoid the costs and uncertainty of trial and related appeals, while quickly providing benefits to Settlement Class Members. The Class Representative appointed to represent the Settlement Class and the attorneys for the Settlement Class (“Class Counsel,” as described in Question 12) believe that the Settlement is in the best interests of the Settlement Class Members.
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You are a Settlement Class Member if you received Continental’s November 12, 2024 notice of the Data Incident and you are not party to an arbitration agreement with Continental implemented on March 14, 2019, and/or July 18, 2023.
If you are not sure whether you are included in the Settlement, you may contact the claims administrator toll-free at (833) 386-6516 or email info@ContinentalCafeDataIncident.com with questions.
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The Settlement provides:
Compensation for unreimbursed, documented out-of-pocket losses.
Three years of credit monitoring and identity theft protection services (see Question 7);
Alternative cash payments for all Settlement Class Members as an alternative to submitting a claim for documented out-of-pocket losses;
Payment of costs of notifying Settlement Class Members and administering the Settlement by Continental;
Payment of a Service Award to the Settlement Class Representative, as approved by the Court (see Question 14);
Payment of Attorneys’ Fees, Costs, and Expenses, as approved by the Court (see Question 13).
Remedial Measures, including a number of security commitments by Continental designed to prevent attacks similar to the Data Incident from occurring in the future.
Settlement Benefit: Payment for Unreimbursed Out-of-Pocket Losses:
Settlement Class Members that have documented out-of-pocket losses as a result of the Data Incident can make a claim for reimbursement up to $700.00. Out-of-Pocket Losses that are eligible for reimbursement include, but are not limited to, the following:
costs and expenses spent addressing identity theft or fraud;
preventative costs including purchasing credit monitoring, placing security freezes on credit reports, or requesting copies of credit reports for review; and
other documented losses that were not reimbursed.
To claim reimbursement for out-of-pocket losses, you must submit documentation supporting this claim, including, but not limited to credit card statements, bank statements, invoices, telephone records, and receipts. Self-prepared documentation alone is not sufficient to support an Out-of-Pocket Losses claim.
Settlement Benefit: Alternative Cash Payment:
In lieu of submitting a claim for documented out-of-pocket losses, you may submit a claim for an alternative cash payment of up to $50.00. The election to receive an alternative cash payment does not preclude Settlement Class Members from enrolling in credit monitoring and identity theft protection services offered under the Settlement. Further, the election to receive an alternate cash payment does not preclude the Class Representative from receiving a Court approved Service Award.
Settlement Benefit: Credit Monitoring and Identity Theft Protection Services:
Settlement Class Members may submit a claim to enroll in three (3) years of one-bureau credit monitoring and identity theft protection services.
The Settlement Administrator will decide if your claim for out-of-pocket losses and/or an alternative cash payment is valid. Only valid claims will be paid. The deadline to file a claim for out-of-pocket losses, credit monitoring and identity theft protection services, and/or an alternative cash payment is July 28, 2026.
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Settlement Class Members can submit a claim for three years of credit monitoring and identity theft protection services. The three years of credit monitoring and identity theft services is in addition to the 12 months of complimentary credit monitoring services offered by Continental in its Notice of Cyber Incident Letter sent on or around November 12, 2024. The deadline to file a claim for credit monitoring and identity theft protection services is July 28, 2026. If you submit a valid claim form and elect to enroll in credit monitoring and identity theft protection services, you will receive enrollment instructions by email after the Settlement is final.
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To file a claim for credit monitoring, documented out-of-pocket losses, or for an alternative cash payment, you will need to file a claim form with your LoginID, which can be found on the post-card Notice of Settlement you received or by contacting the Settlement Administrator. The easiest way to submit a Claim Form is online here, by filling out the form on this website. You can also download a paper Claim Form here of this website and return a completed claim form by mail addressed to:
Continental Cafe Data Incident
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
The deadline to file a claim is July 28, 2026. This is the last day to file online and the postmark deadline for mailed claims.
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The Settlement Administrator will decide whether the information provided on each Claim Form is complete and valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner the claim will be considered invalid and will not be paid.
Approved claims are those submitted in a timely manner and found to be valid by and in an amount approved by the Settlement Administrator.
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The Court will hold a hearing on August 18, 2026, to decide whether to approve the Settlement Agreement. If the Court approves the Settlement Agreement, there may still be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.
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If you make a claim under the Settlement, or if you do nothing, you will be releasing all of your claims relating to the Data Incident against Continental and any Released Parties (which includes the entity, if any, listed on the Notice of Settlement you received) when the Settlement becomes final. By releasing your legal claims, you are giving up the right to file, or to continue to pursue, separate legal claims against or seek further compensation from Continental or any Released Parties for any harm related to the Data Incident or the claims alleged in the lawsuits—whether or not you are currently aware of those claims.
Unless you exclude yourself from the Settlement (see Question 15), all of the decisions by the Court will bind you. That means you will be bound to the terms of the Settlement and accompanying court orders and cannot bring a lawsuit or be part of another lawsuit against Continental or any Released Parties regarding the Data Incident.
Section VII of the Settlement Agreement defines the claims and parties that will be released by Settlement Class Members who do not exclude themselves from the Settlement. You can access the Settlement Agreement under the Important Documents page of this website for specific details of the legal claims being released.
If you have further questions, please see Question 17 for how to contact the Settlement Administrator.
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Yes. The Court appointed E. Powell Miller of The Miller Law Firm, P.C., William B. Federman of Federman & Sherwood, Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman PLLC, and Ken Grunfeld of Kopelowitz Ostrow P.A. as Settlement Class Counsel. You will not be charged by these lawyers for their work on this case. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel has undertaken this case on a contingency-fee basis, meaning they have paid for all of the expenses in the case and have not been paid any money in relation to their work on this case. Accordingly, Class Counsel will ask the Court to award Attorneys’ Fees and Costs. The Court will decide the amount of fees and costs and expenses to be paid. You will not have to separately pay any portion of these fees yourself. Class Counsel’s request for Attorneys’ Fees and Costs (which must be approved by the Court) will be filed by June 15, 2026, and will be available to view on this website.
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The Settlement Class Representative in this action is listed in the Settlement Agreement, which is available here. Class Counsel will ask the Court to award the Settlement Class Representative a “Service Award” of $2,500.00 for the time that the Settlement Class Representative spent, and the risks that the Settlement Class Representative undertook, in bringing this lawsuit on behalf of the class. This amount will have to be approved by the Court.
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If you are a member of the Settlement Class, you may exclude yourself from the Settlement (also known as “opting out”). If you exclude yourself, you will lose any right to participate in the Settlement, including any right to receive the benefits outlined in the Notice of Settlement.
If you decide on this option, you may keep any rights you have, if any, against Continental, and you may file your own lawsuit against Continental based upon the same legal claims that are asserted in this lawsuit, but you will need to find your own attorney at your own cost to represent you in that lawsuit. If you are considering this option, you may want to consult an attorney to determine your options.
Important: You will be bound by the terms of the Settlement Agreement unless you submit a timely and signed written request to be excluded from the Settlement. To exclude yourself from the Settlement you must do so through this website or mail a “request for exclusion,” postmarked no later than June 29, 2026, to:
Continental Cafe Data Incident
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
The statement must contain the following information:
Identify the case name of the Action;
Identify the name and address of the individual seeking exclusion from the Settlement;
Be personally signed by the individual seeking exclusion;
Include a statement clearly indicating the individual’s intent to be excluded from the Settlement; and
Request exclusion only for that one individual whose personal signature appears on the request.
If you do not comply with these procedures and the deadline for exclusions, you will lose any opportunity to exclude yourself from the Settlement, and your rights will be determined in this lawsuit by the Settlement Agreement if it is approved by the Court.
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If you are a Settlement Class Member, you have the right to tell the Court what you think of the Settlement. You can object to the Settlement if you don’t think it is fair, reasonable, or adequate, and you can give reasons why you think the Court should not approve it. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the Settlement as it is.
To object, you must send a written objection stating that you object to the Settlement. Your objection must include:
the name of the proceedings;
the Settlement Class Member’s full name, current mailing address, and telephone number;
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;
a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing;
a statement identifying all class action settlements objected to by the Settlement Class Member (and his or her attorney) in the previous 5 years;
the signature of the Settlement Class Member or the Settlement Class Member’s attorney; and
documentary evidence identifying the individual as a member of the Settlement Class (e.g., a Data Incident notice letter).
In addition to the foregoing requirements, if an objecting Settlement Class Member intends to speak at the Final Approval Hearing (whether pro se or through an attorney), the written objection must include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearing.
To be considered by the Court, your written objection must be filed electronically with the Court by June 29, 2026, or mailed, postmarked no later than June 29, 2026, to the following addresses:
Clerk of the Court | Kenneth Grunfeld |
David W. Schelberg | E. Powell Miller |
William B. Federman | Gary M. Klinger |
If you do not comply with these procedures and the deadline for objections, you may lose any opportunity to have your objection considered at the Final Approval Hearing or otherwise to contest the approval of the Settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed Settlement. You will still be eligible to receive Settlement benefits if the Settlement becomes final even if you object to the Settlement.
The Court has scheduled a Final Approval Hearing to listen to and consider any concerns or objections from Settlement Class Members regarding the fairness, adequacy, and reasonableness of the terms of the Settlement Agreement. That hearing is currently scheduled to take place on August 18, 2026, at 2:00 p.m., before the Honorable Chief Judge Stephen J. Murphy, III, at the United States District Court for the Eastern District of Michigan located at 231 W. Lafayette Blvd., Detroit, MI 48226. This hearing date and time may be moved. Please refer to this website for notice of any changes.
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If you have additional questions about the Notice of Settlement or the Settlement, you may contact the Settlement Administrator at info@ContinentalCafeDataIncident.com or by phone at the toll-free number (833) 386-6516. You may also mail a letter to the Continental Data Incident Class Action Settlement Administrator at the address below for more information or to request that a copy of the Notice of Settlement be sent to you in the mail:
Continental Cafe Data Incident
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
If you wish to communicate directly with Class Counsel, you may contact them. You may also seek advice and guidance from your own private lawyer at your own expense, if you wish to do so.
This website and the Notice of Settlement are only a summary of the lawsuit and the Settlement. Other related documents can be accessed on the Important Documents page of this website. If you have questions about the proposed Settlement or wish to receive a copy of the Settlement Agreement but are unable to download a copy online here, you may contact the Settlement Administrator. The Court cannot respond to any questions regarding this Notice of Settlement, the lawsuit, or the proposed Settlement.
Please do not contact the Court, its Clerks, or Continental.
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