OPM Data Breach Settlement - Frequently Asked Questions

Why did I get the Notice?
A court authorized the Notice because people have the right to know about a legal settlement. If you qualify, you could be eligible to receive a payment.

As discussed further in FAQ 8, you are a class member, and are included in the Settlement, if:
- You are a U.S. citizen or permanent resident whose personal information was compromised as a result of the breaches of the U.S. Office of Personnel Management’s electronic information systems in 2014 and 2015 or the breach of Peraton’s electronic information systems in 2013 and 2014; and
- If, after May 7, 2014, you suffered an out-of-pocket expense or lost compensable time: (1) to purchase a credit monitoring product, credit or identity theft protection product, or other product or service designed to identify or remediate the data breaches at issue in this case; (2) to access, freeze or unfreeze a credit report with a credit reporting agency; or (3) as a result of an identity theft incident or to mitigate an identity theft incident.
To view a copy of the Long Form Notice, click here.

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What is this lawsuit about?
In the summer of 2015, the U.S. Office of Personnel Management (“OPM”) announced that some of its electronic systems had been breached, resulting in the compromise of personal information of approximately 22.1 million federal government employees, job applicants, and their family members. The Plaintiffs claim that OPM acted in gross disregard of their privacy by failing to put in place adequate data security safeguards, and that Peraton acted negligently by allowing hackers to obtain its security credentials, which were allegedly used to breach OPM’s database. The Defendants deny these claims. OPM denies that it acted “willfully or intentionally”—the standard for holding a federal agency liable for privacy violations under the Privacy Act of 1974, 5 U.S.C. § 552a—and denies that Plaintiffs suffered compensable losses caused by any such violation. Peraton denies that it acted negligently and denies that Plaintiffs’ alleged harm was caused by any conduct of Peraton.

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What is a class action?
In a class action the plaintiffs act as “class representatives” and sue on behalf of themselves and other people who have similar claims. This group of people is called the “Class,” and the people in the Class are called “class members.” One court resolves the issues for all class members, except for people who exclude themselves from the class. Judge Amy Berman Jackson of the United States District Court for the District of Columbia is in charge of this case. The name of the case is In re: U.S. Office of Personnel Management Data Security Breach Litigation, No. 15-1394 (ABJ) (D.D.C.).

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Who are the Plaintiffs?
Travis Arnold, Tony Bachtell, Gardell Branch, Myrna Brown, Lilian Colon-McKnight, Paul Daly, Jon Decker (formerly John Doe III), Jane Doe, Jane Doe II, John Doe II, Kelly Flynn, Alia Fuli, Johnny Gonzalez, Orin Griffith, Jennifer Gum, Michael Hanagan, Deborah Hoffman, Cynthia King-Meyers, Todd Kupferer (formerly John Doe), Ryan Lozar, Teresa J. McGarry, Charlene Oliver, Mario Sampedro, Zachary Sharper, Robert Slater, Nancy Wheatley, Kimberly Winsor, Ryan Bonner, Monty Bos, Heather Burnett-Rick, Michael Ebert, Maryann Hibbs, Michael Johnson, Timothy Sebert, Darren Strickland, and Peter Uliano.

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Who are the Defendants?
The U.S. Office of Personnel Management and Peraton Risk Decision Inc. (formerly known as KeyPoint).

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Why is there a settlement?
The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the costs and risks of a trial, and class members can get benefits or compensation. The class representatives and Class Counsel think the Settlement is in the best interest of the Class.

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Settlement class members

How do I know if I am one of the 22.1 million people impacted by the OPM cybersecurity incidents?
In 2015, OPM issued notices to the 22.1 million people impacted by the OPM cybersecurity intrusions. If you did not get notice, but believe you were subject to the breach, you may submit a claim and the Claims Administrator will verify whether or not you were subject to the breach as part of the claims adjudication process.

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Who is in the Settlement?
You are a class member, and are included in the Settlement, if you are a U.S. citizen or permanent resident whose personal information was compromised as a result of the breaches of the U.S. Office of Personnel Management’s electronic information systems in 2014 and 2015 or the breach of Peraton’s electronic information systems in 2013 and 2014; and if, after May 7, 2014, you suffered an out-of-pocket expense or lost compensable time: (1) to purchase a credit monitoring product, credit or identity theft protection product, or other product or service designed to identify or remediate the data breaches at issue in this case; (2) to access, freeze or unfreeze a credit report with a credit reporting agency; or (3) as a result of an identity theft incident or to mitigate an identity theft incident.

Excluded from this Class are Class Counsel and their employees; any judicial officers to whom this case is assigned and their respective staffs; mediators and their respective staffs; and attorneys from the Department of Justice and the Office of Personnel Management, and their respective staffs, who worked directly and personally on this matter.

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Who can get money from the Settlement, and how much?
You are eligible to make a claim under the Settlement if you are a “class member,” defined as:
- A U.S. citizen or permanent resident whose personal information was compromised as a result of the breaches of the U.S. Office of Personnel Management’s electronic information systems in 2014 and 2015 or the breach of Peraton Risk Decision Inc.’s (then KeyPoint’s) electronic information systems in 2013 and 2014; and
- Between May 7, 2014 and January 31, 2022, you suffered out-of-pocket expense or loss of compensable time: (1) to purchase a credit monitoring product, credit or identity theft protection product, or other product or service designed to identify or remediate the data breaches; (2) to access, freeze or unfreeze a credit report with a credit reporting agency; or (3) as a result of an identity theft incident or to mitigate an identity theft incident.
You are only eligible to make a claim if you suffered an out-of-pocket expense or loss of compensable time within at least one of the three categories listed above.

If your claim is found valid, you will be paid $700 or the actual amount of the claim, whichever is higher, to a maximum of $10,000. However, the amount of individual claims will be reduced in equal proportion before claimants are paid if the total value of all valid claims plus any incentive award payments awarded by the Court to named plaintiffs exceeds the $63,000,000 settlement fund amount. Government records will be used to verify that you were subject to the breaches, but the Claims Administrator will be solely responsible for determining the validity of claims and the amount of payment.

The Settlement provides for a minimum $700 payment for reasonably documented claims of unreimbursed out-of-pocket expenditures made by a class member between May 7, 2014 and January 31, 2022 for reasonable costs incurred in connection with the 2014 and 2015 cyberattacks of OPM’s electronic information systems and/or the 2013 and 2014 cyberattacks of Peraton’s electronic information systems.

For more information on how to file a claim, see FAQ 14.

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What should I do if I am not sure whether I am included?
If you are not sure whether you are included in the Class, you can ask for free help by calling the Claims Administrator at 1-855-917-3567 or sending an email to info@OPMDataBreach.com for more information.

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Settlement Benefits

What does the Settlement provide?
The Defendants will pay $63,000,000 into a Settlement Fund, which will be distributed to class members who submit valid claims, after deducting incentive awards to named plaintiffs if such awards are approved by the Court. Government records will be used to verify that claimants were subject to the data breaches, but the parties will have no role in determining the validity of claims.

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Why is the Settlement limited to individuals who suffered out-of-pocket losses?
Settlement payments are only available to individuals subject to the data breaches who experienced economic loss. This limitation results from the Supreme Court’s ruling that compensable damages under the Privacy Act are limited to economic (pecuniary) loss: “The basic idea is that Privacy Act victims … are barred from any recovery unless they can first show actual—that is, pecuniary or material—harm.” FAA v. Cooper, 566 U.S. 284, 296 (2012).

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When will I get my payment?
Claims processing is ongoing. You will not receive further follow up unless your claim is lacking documentation or other information. Defect Notices began mailing on a rolling basis in February 2023; however, most of the defect notices will be mailed in April 2023. Please continue to monitor your mail and email if you provided an email address as part of your claim submission, and if your email or address change, please notify us.

Payments for complete and valid claims will commence in Summer 2023.

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How to File a Claim

How do I participate in the Settlement? What do I need to do?
If you were subject to the data breaches and experienced an out-of-pocket loss that you believe is attributable to the breaches in any of the three categories listed in FAQ 8 and FAQ 9, you can make a claim by filling out and submitting the claim form.
If you are claiming out-of-pocket expenses under the Settlement, you must describe the expenses, their amount, and when and why you incurred them. If your claim is for expenses or compensable time related to a credit freeze, credit monitoring, identity theft protection, or similar services, you must also attest that you incurred those losses in response to the data breaches in this case and not as a result of any other compromise of your personal information.

Your claim must be reasonably documented—you must enclose or upload documentation sufficient to show (a) the amount of unreimbursed loss that you suffered, and (b) why you believe that the loss is reasonably attributable to the data breaches in the case. Personal statements or declarations are not reasonable documentation under the Settlement, but they may be used to provide clarification, context, or support for other documentation submitted in support of a claim.

For expenditures of money, the documentation may include credit card or bank statements, emails, invoices, receipts, or telephone records, including photographs of the same.

For compensable lost time, the documentation may include pay stubs, invoices, other billing records, or emails or other communications or records reflecting time taken off work. If you are claiming compensable lost time, you must describe the relevant actions you took and the time each action took, and enclose or attach documentation showing that the lost time was compensable—in other words, showing leave from hourly work or paid time off from salaried work. Government benefits, such as Social Security retirement or disability payments, do not constitute income that can be lost for purposes of a Settlement claim. A $25 hourly rate will apply to compensable lost time, except that if you are claiming compensable time and the total value of your claim exceeds $700, you must submit documentation demonstrating a specific hourly rate.

Claim forms may be completed online through this website here or is available for download here. You can also contact the Claims Administrator to request a paper claim form by telephone (1-855-917-3567), email (info@OPMDataBreach.com) or U.S. mail (Claims Administrator, P.O. Box 4719, Portland, OR 97208-4719). Submit the claim form by filing it out and sending it to the U.S. mail address listed above.

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Do I need to provide any documentation?
Yes. Your claim must be reasonably documented—you must enclose or upload documentation sufficient to show (a) the amount of unreimbursed loss that you suffered, and (b) why you believe that the loss is reasonably attributable to the data breaches in the case. For expenditures of money, this documentation may include credit card or bank statements, emails, invoices, receipts, or telephone records, including photographs of the same.

For compensable lost time, this documentation may include pay stubs showing time off taken to attend to issues arising from the breach, invoices, other billing records, or emails or other communications or records reflecting time taken off work. Personal statements or declarations are not reasonable documentation under the Settlement, but they may be used to provide clarification, context, or support for other documentation submitted in support of a claim.

It is important for you to upload or enclose documents that show what happened and how much money you lost or spent.

Documentation is required as the Claims Administrator, Epiq is a third party hired to assist in disseminating the Court-approved Notice, collecting the claims submitted by class members, applying the Court-approved eligibility criteria, and making award distributions after all deadlines have passed and all claims are determined.

You must provide documentation of your valid out-of-pocket loss or compensable lost time to qualify for an award. The Claims Administrator cannot assist you in locating that information.

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What is the deadline for submitting a claim form?
To be eligible for payment, claim forms must be submitted electronically online or postmarked no later than December 23, 2022.

Unfortunately, there is no opportunity to file a late claim in this matter per Section C.3 of the Settlement Agreement, which required all claims be submitted before the expiration of the Claims Period.

That said, this settlement does not alter or limit your ability to utilize the MyIDCare identity monitoring and fraud protection services if you were a party affected by this breach, even if you have not previously signed up, those services remain in place pursuant to an act of Congress. If you have not previously enrolled in that program, you can still do so. Visit www.opm.gov/cybersecurity for more information.

Once enrolled, you can receive assistance and make a claim under the included identity theft insurance policy for expenses incurred in restoring your identity (there is no deductible). As such, you do still have an alternate option to be made whole if you have suffered a pecuniary loss (which is the same requirement for recovery in the Class Settlement).

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How do I get a claim form?
Claim forms can be submitted online through this website here. You can also download a claim form here or request that a claim form be mailed to you by contacting the Claims Administrator to request a paper claim form by telephone (1-855-917-3567), email (info@OPMDataBreach.com) or U.S. mail (Claims Administrator, P.O. Box 4719, Portland, OR 97208-4719)

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Can I file on behalf of a deceased individual?
No. Only living individuals are entitled to compensation.

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Can I submit my claim form/documentation through email/fax?
No. Claim forms must be completed either by returning a paper claim form via mail or submitting your claim form online on or before December 23, 2022. If filing online, be sure to keep your claim confirmation code as proof of timely filing.

If you would like to mail your completed claim form, your claim form must be postmarked no later than December 23, 2022, and mailed to the following address:

OPM Data Breach Settlement
Claims Administrator
P.O. Box 4719
Portland, OR 97208-4719

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How do I correct a mistake on my claim after I submitted it?
If you would like to amend any portion of your claim submission or submit additional documentation, you may do so via U.S. mail to the Claims Administrator at:

OPM Data Breach Settlement
Claims Administrator
P.O. Box 4719
Portland, OR 97208-4719

In order to make any changes or provide additional documentation, please include your name, address, confirmation code (if applicable), and a summary of the changes. If you do not include this information, the Claims Administrator may not be able to link the additional support and/or changes to the correct claim, which could delay verification of your claim or result in your claim being denied.

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How can I verify that my claim was received?
If you received a confirmation code from your online filing, this is your proof of receipt.

If you mailed your claim form, you can call the Claims Administrator at 1-855-917-3567 or email info@OPMDataBreach.com to confirm. Please note that, depending on when you mailed your claim form, it may still be in transit or may not have made it through the intake process.

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Excluding Yourself

How do I get out of the Settlement?
To opt out, you must send a letter via U.S. mail to the address below and include the following in your letter:
- To confirm that you were a victim of the data breaches, your full name (or, if different, your full name at the time of the data breaches), and one of the following: (1) your date of birth and the last four digits of your Social Security number, or (2) the PIN that you received from the OPM Verification Center in connection with OPM’s offer of identity protection services.
- Your current address;
- A statement that you want to opt out of the Settlement;
- A statement that you are a class member because you were subject to the data breaches and you experienced one of the forms of loss in the class definition; and
- Your signature.
OPM Data Breach Settlement
Claims Administrator
P.O. Box 4719
Portland, OR 97208-4719

Opt-out requests must be postmarked no later than September 9, 2022.

The Claims Administrator will file your request for exclusion with the Court. A request for exclusion must be exercised individually and not on behalf of a group. Please note that Personal Identifying Information (PII) will not be filed with the Court on the open public docket.

If your request to exclude yourself from the Class is not postmarked by deadline of September 9, 2022, you will remain part of the Class and will be bound by the orders of the Court in this lawsuit and by the terms of the Settlement if it is approved, whether or not you submit a claim for payment. If you do not wish to be bound by the decisions or Settlement in this case, you must request exclusion.

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If I am a class member and don’t opt out, can I sue the Defendants for the same thing later?
No. If you are a class member (see FAQ 8), unless you opt out, you give up the right to sue OPM and Peraton for the claims resolved by the Settlement. So if you are a class member and you want to try to pursue your own lawsuit, you must opt out.

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What happens if I opt out?
If you opt out of the Settlement, you will not have any rights as a member of the Class under the Settlement; you will not receive any payment as part of the Settlement; you will not be bound by any further orders or judgments in this case; and you will keep the right, if any, to sue on the claims alleged in the case at your own expense.

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The Lawyers Representing You

Do I have a lawyer in this case?
Yes. The Court appointed Daniel C. Girard of Girard Sharp LLP and other attorneys to represent you and the other class members. These lawyers are called Class Counsel. You will not be charged for their services.

Class Counsel can be reached by calling 1-415-981-4800 or emailing OPM@girardsharp.com.

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Should I get my own lawyer?
You do not need to hire your own lawyer. If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in court for you if you want someone other than Class Counsel to speak for you. You may also appear for yourself without a lawyer.

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How will the lawyers be paid?
You do not have to pay Class Counsel. Class Counsel, who have not been paid for their services in this case since it began, will seek an award of attorneys’ fees and reimbursement for litigation costs that they advanced in pursuing the claims, to be paid separately by the United States Government. In other words, attorneys’ fees and cost reimbursements approved by the Court will not come out of or reduce the Settlement Fund. The fees will compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. The application for attorneys’ fees will be posted on the Settlement website prior to the deadline for objecting to the Settlement.

The application for attorneys’ fees will be posted on this website on or shortly after July 21, 2022, several weeks before the deadline to object.

Class Counsel will also ask the Court to approve incentive award payments of $3,000 to each of the 36 individuals who served as named plaintiffs. The Defendants will have the right to oppose these award payments. If approved, these awards will be paid out of Peraton’s contribution to the Settlement Fund.

OPM will pay the costs of providing notice and administering the Settlement separately from the Settlement Fund.

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Objecting to the Settlement

How do I tell the Court if I don’t like the Settlement?
If you are a class member and you do not opt out of the Settlement, you can ask the Court to deny approval of the Settlement by filing an objection. You can’t ask the Court to order a different settlement, the Court can only approve or deny this 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.

You may object to the proposed Settlement in writing. You may also appear at the Fairness Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney.

To object, you must file a document with Epiq, the appointed Claims Administrator, saying that you object to the proposed Settlement in In re: U.S. Office of Personnel Management Data Security Breach Litigation, No. 15-1394 (ABJ) (D.D.C.). You must include:
- Your name, address, and signature;
- A statement setting forth the specific reason(s), if any, for the objection, including any legal support for and any evidence that you wish to introduce in connection with your objection;
- A statement as to whether your objection applies only to you, to a specific subset of the Class, or to the entire Class;
- A statement as to whether you intend to appear at the Fairness Hearing;
- A signed statement that you are a class member because you were subject to the data breaches and you experienced one of the forms of loss in the class definition; and
- To confirm that you were a victim of the data breaches, your full name (or, if different, your full name at the time of the data breaches) and one of the following: (1) your date of birth and the last four digits of your Social Security number, or (2) the PIN that you received from the OPM Verification Center in connection with OPM’s offer of identity protection services.
Mail the objection by First Class U.S. Mail to the following address:

OPM Data Breach Settlement
Claims Administrator
P.O. Box 4719
Portland, OR 97208-4719

Your objection must be received by the Claims Administrator no later than September 9, 2022 to be considered by the Court.

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What is the difference between objecting and opting out?
Objecting is telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you are a class member and do not opt out of the Settlement.

Opting out of the Settlement is telling the Court that you don’t want to be part of the Settlement.

If you opt out of the Settlement, you cannot object to it because it does not affect you. You cannot both opt out of and object to the Settlement.

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The Fairness Hearing

When and where will the Court decide whether to approve the Settlement?
The Court held a Fairness Hearing at 10:00 a.m. on October 14, 2022. The Court granted final approval to the Settlement.

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If You Do Nothing

What happens if I do nothing at all?
If you do nothing and you are a class member, you will get no money from this Settlement, and you will not be able to sue the Defendants for the conduct alleged in this case. If you do nothing and you are not a class member, the Settlement will not affect or release any individual claim you may have.

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What am I giving up if I stay in the Class?
If you are a class member, unless you exclude yourself with an opt-out request (see FAQ 22), you cannot sue, continue to sue, or be part of any other lawsuit against these Defendants about the issues in this case. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be viewed here.

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Getting More Information

Are more details about the Settlement available?
This website and the Notice summarize the Settlement. More details are in the Settlement Agreement and other case documents. You can get a copy of these documents here, by accessing the docket in this case through the Court’s Public Access to Court Electronic Records or “PACER” system at https://ecf.dcd.uscourts.gov or by visiting the office of the Clerk of the Court for the United States District Court for the District of Columbia, 333 Constitution Ave., N.W., Washington, D.C. 20001, Room 1225, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

If you have additional questions. you can contact the Claims Administrator at the following:

OPM Data Breach Settlement
P.O. Box 4719
Portland, OR 97208-4719
1-855-917-3567
info@OPMDataBreach.com

Class Counsel can be reached by calling 1-415-981-4800 or emailing OPM@girardsharp.com.

Please do not telephone the Court or the Court Clerk’s office to inquire about this Settlement or the claim process.

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How can I protect myself from identity theft?
Congress authorized “complimentary identity protection coverage”—including “not less than $5,000,000 in identity theft insurance”—for all individuals whose personal information was compromised in the data breaches at issue in this case, through September 2026. OPM contracted with ID Experts (now known as IDX), which has been providing such individuals, at no charge, a comprehensive set of credit monitoring, identity theft protection services, and data theft insurance products known as MyIDCare.

These services remain available to the 22.1 million individuals impacted by the OPM cybersecurity incidents. If you are eligible and have not already done so, you can sign up for the free credit monitoring and identity protection services. The Federal Government has set up a Verification Center to assist individuals who believe their data may have been impacted by the OPM Cybersecurity incidents announced in 2015.

The Verification Center will assist individuals who previously received a letter notifying them that their data had been impacted by the cyber incidents, and would like to have a copy of their letter resent. The Verification Center will also assist those who believe their data may have been impacted by the incidents but did not receive a notification letter. The Verification Center will provide eligible individuals with a 25-digit PIN that can be used to enroll in the complimentary credit monitoring services. You may access the Verification Center at https://opmverify.dmdc.osd.mil. Those needing assistance with submitting their information may call the Verification Center at 1-800-750-3004 Monday through Saturday, between 9:00 a.m. and 9:00 p.m. Eastern Time. More information on how to enroll in the complimentary credit monitoring services is available at: www.opm.gov/cybersecurity.

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How can I update my address?
If you have not filed your claim, you may simply provide your current address in the online claim portal or by providing your current address on the paper claim form. If you already filed your claim, please send any address change requests in writing to:

OPM Data Breach Settlement
P.O. Box 4719
Portland, OR 97208-4719
info@OPMDataBreach.com

Please include your name, prior address and your confirmation code (if applicable).

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Pre-Disbursement Identity Verification

I received a letter/email telling me to log into this website and provide my Social Security number. What is this about?
If you received such a letter or email containing unique login information, then your claim in the OPM Data Breach settlement has been approved. Before the Claims Administrator can process your payment, though, because the federal government is the defendant, the Claims Administrator need your Social Security number. The reason is that the law requires all payments to be reviewed by the Treasury Offset Program before they are distributed.

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What will my Social Security number be used for?
Federal law, and section VII.B of the Settlement Agreement, make all awards subject to review by the Treasury Offset Program (“TOP”). TOP collects past-due (delinquent) debts, such as tax liabilities, that people owe to state and federal agencies. All awards must be reviewed by the TOP programs before they may be disbursed. More information on TOP is available at www.fiscal.treasury.gov/top. The Treasury Department needs your Social Security number for the TOP verification.

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Will my Social Security number be kept securely?
Yes. You can enter your Social Security number into the secure portal here, which you will access with the Unique ID and PIN provided in your email or letter. Once you enter your Social Security number, it will be securely submitted to the Treasury Department for verification. The processing team and reviewers at the Claims Administrator cannot see your full Social Security number once you submit it. The Claims Administrator cannot verify what you entered. If you prefer, you can submit a paper form with your Social Security number for manual processing. That form is available from the Documents page of this website. You can mail or email that form instead of using the secure portal.

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I owe a debt to the federal or state agency (taxes, child support, etc.) Does that mean that I will not receive my award, and can it be reduced?
Section VII.B of the Settlement Agreement, as well as federal law, make all awards subject to review by the Treasury Offset Program (“TOP”). TOP collects past-due (delinquent) debts, such as tax liabilities, that people owe to state and federal agencies. All settlement awards must be reviewed by the TOP program before they may be disbursed. If you have an outstanding debt to state or federal agencies, the Treasury Offset Program may hold back (offset) a part of your award or the entire award to satisfy that debt.

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What happens if I don’t provide my SSN?
If you do not provide your Social Security number for TOP verification, federal law prevents the Treasury Department from releasing the funds to issue your settlement payment. The Claims Administrator cannot waive this requirement.

After eligible Claimants have provided their Social Security numbers to the Claims Administrator and the TOP verification process is complete, an amount sufficient to pay all valid claims (less any offsets required by federal law) will be paid from the Treasury Department to the qualified settlement fund, from which the Claims Administrator will pay eligible claimants.

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Is there an alternative to entering my SSN into the portal?
If you would rather submit your verification form by mail, please visit the Documents page of this website. Download and print the “Pre-Disbursement Identity Verification Form.” Fill out the form. Then send the form by U.S. Mail to:

OPM Data Breach Settlement
P.O. Box 4719
Portland, OR 97208-4719

You can also email the form as an attachment to DefectResponses@OPMDataBreach.com

In the alternative, you can download the IRS form W-9 from www.irs.gov/pub/irs-pdf/fw9.pdf and mail it to the address above. To avoid a delay in payment of your claim, please verify your Social Security number within 30 days from the date the email or letter with your login instructions was sent to you.

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Payment and EpiqPay Information

I received an email from EpiqPay. What is the email about and is the email legitimate?
If you received an email from noreply@epiqpay.com, it is because you were determined to be eligible for a payment in a class action settlement titled OPM Breach Litigation. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.

If you have any questions about the EpiqPay email you received, please email us at Questions@OPMDataBreach.com or call 1-855-917-3567 and provide us with your full name and current email address so we can look up your file. If a tracking number was listed at the bottom of your EpiqPay emails, please provide to us that as well.

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What is EpiqPay?
EpiqPay is the official digital payment platform for Epiq Class Action & Claims Solutions, Inc. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay, and case-specific information about the payment notification you may have recently received is available on this website.

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Why did I receive a digital payment in In re: U.S. Office of Personnel Management Data Security Breach Litigation?
According to our records, you are a class member eligible to receive a settlement payment in In re: U.S. Office of Personnel Management Data Security Breach Litigation, and you filed a claim wherein you elected to receive your payment digitally. You are being sent your payment digitally based on a selection you made when submitting your claim.

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How did you get my information?
According to our records, you are a class member eligible to receive a settlement payment in In re: U.S. Office of Personnel Management Data Security Breach Litigation, and you filed a claim wherein you elected to receive your payment digitally. The email address you received your payment notification at, as well as the name listed in your emails, is based on information we received as part of a complete and approved claim submission.

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How do I claim my EpiqPay payment?
Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications, in case you experience any issues using your card.

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I received an email from EpiqPay via Tremendous rewards@reward.tremendous.com. Is this email legitimate?
If you received an email from rewards@reward.tremendous.com, this email is legitimate. You received this email as you selected a payment option that uses Tremendous, one of our third-party payment partners, to process your payment and notify you of your payment status.

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When will I receive my digital payment? / Why have I not received my digital payment?
Emails regarding digital payments for this matter commenced on or about December 21, 2023, and digital payments will be available to claim through March 20, 2024. During that window, Epiq digital payment emails were or will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

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After choosing my preferred payment options, will I receive my payment instantly / immediately?
No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

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After receiving my EpiqPay email, I selected the physical check option. When will my check arrive?
Those selecting the check tile option on the EpiqPay payment wall will generally receive a physical check 8-10 weeks after making their selection. Please be patient while we process your request. Processing and postal delivery times for checks may vary.

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If I have already opted to receive my payment digitally, can I convert my payment into a physical check?
No. Once you have made your choice to redeem your payment digitally, Epiq can no longer convert your payment into a check. If you are having any issues receiving or using your chosen digital payment, please contact our payment partner at help@tremendous.com.

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What if I filed my claim online, but I want to receive a check instead of a digital payment?
If you would prefer to receive a paper check instead of a digital payment, please email Questions@OPMDataBreach.com. If you request a paper check, your digital payment link will be marked as Inactive, and you will not be able to claim your payment digitally.

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I received the ‘Payment Complete’ email but I don’t see the funds in my bank account or PayPal account. Can you help?
Please allow 2-4 business days for the funds to arrive in your account after receiving the ‘Payment Complete’ email. If you do not see the funds after this timeframe, please contact our payment partner Tremendous, at help@tremendous.com.

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I never received the payment link in my email. Can you resend it?
Please email Questions@OPMDataBreach.com if you have not yet received your EpiqPay payment email. Please allow 1-3 days to receive your EpiqPay Link. Please continue to check your Spam folder of your email as well.

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When I try to claim my payment, the page freezes, or the circle just spins. How can I claim my payment?
Please try to claim your payment on a different digital device, such as a computer or tablet. If you still are unable to claim your payment digitally, please let the claims administrator know, and we can have a physical check mailed to the address instead.

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What happens if I unsubscribed from EpiqPay emails?
If you unsubscribe from any of the payment emails you receive on this matter, you will no longer be able to claim your payment digitally. If you unsubscribed from receiving digital payment notifications from EpiqPay, you will receive a paper check in the mail. Please email Questions@OPMDataBreach.com if you have had an address change. Please note that this process will take several weeks to complete.

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I have not received my EpiqPay link yet. Can you resend the email?
Please check all folders of your email inbox, including the Spam folder. If you still are unable to find it, please email Questions@OPMDataBreach.com with a request to have the EpiqPay email resent to the address you filed a claim with. Please allow 1-3 business days to receive the email.

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How do I get more information?
If you need more information regarding the payment process, please send an email to Questions@OPMDataBreach.com, call 1-855-917-3567 (Toll-Free), or write to: OPM Data Breach Settlement, Claims Administrator, P.O. Box 4719, Portland, OR 97208-4719. Class Counsel can be reached by calling 1-415-981-4800, or emailing OPM@girardsharp.com.

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How was my award calculated?
The terms of the Settlement provide that Claimants who submit valid claims will each be paid $700 or the actual amount of the claim that could be substantiated by the Claims Administrator—whichever is higher—to a maximum of $10,000.

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Will I receive anything else from this Settlement?
If you received a settlement payment, you will not receive any future payments.

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Someone I know received a payment, but I did not receive mine.
If you have not provided your full Social Security number to the Claims Administrator, your payment cannot be issued.

Before we can process your payment, because the federal government is the defendant, we need your Social Security number. Section VII.B of the Settlement Agreement, which is available at the settlement website opmdatabreach.com on the Documents tab, as well as federal law, makes all awards subject to review by the Treasury Offset Program (“TOP”). TOP collects past-due (delinquent) debts, such as tax liabilities, that people owe to state and federal agencies. All awards must be reviewed by the TOP programs before they may be disbursed. More information on TOP is available at www.fiscal.treasury.gov/top/. The Treasury Department needs your Social Security number for the TOP verification. All awards must be reviewed by the TOP program before they may be disbursed. If you do not provide your Social Security number for TOP verification, federal law prevents the Treasury Department from releasing the funds to issue your settlement payment. We cannot change this requirement. For additional information regarding the TOP verification process, please see FAQs 36-41.

You may have received an email or a letter from the Claims Administrator containing a Unique ID and a Personal Identification Number (or “PIN). Click here. Log in to the secure portal using your unique login credentials, listed in the email or letter you received. Then enter your Social Security number into the secure portal.

If you would rather mail your form, please visit the Documents page of this website. Download and print the “Pre-Disbursement Identity Verification Form.” Then, either:

Send the form by U.S. Mail, to:

OPM Data Breach Settlement
Claims Administrator
P.O. Box 4719
Portland, OR 97208-4719
or:

Email the form as an attachment to DefectResponses@OPMDataBreach.com

Please verify your Social Security number as soon as possible.

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I do not agree with my payment amount or with the denial of my claim. What are my options?
Per Section V.C.7 of the Settlement Agreement governing this Settlement, Valid Claims are Claims determined by the Claims Administrator to be Reasonably Documented and establish Recoverable Losses Reasonably Attributable to the cyber breaches. Your Claim was either not Reasonably Documented, did not establish a Recoverable Loss, or was not determined to be Reasonably Attributable to the cyber breaches.

Per Section V.D of the Settlement Agreement, if a Class Member believes that a determination made by the Claims Administrator requires correction, the Class Member may seek correction pursuant to the following process:

A Claimant who objects to the Claims Administrator’s determination of his or her claim must so notify the Claims Administrator within thirty (30) days after the date that the Claims Administrator mailed or emailed the determination to the Claimant. The Claimant must provide a written and signed statement setting forth the basis for his or her disputed claim. Any disputed claim that is not postmarked or emailed within that thirty (30) day period will be waived.

Upon the timely submission of a disputed claim, the Claims Administrator, and the objecting Claimant, will have thirty (30) days to attempt to resolve the disputed claim by agreement. At the end of this thirty (30) day period, the Claims Administrator will provide the Claimant with its written notice of its decision regarding the disputed claim. The decision of the Claims Administrator will be binding and not subject to further review or appeal.

A written and signed statement setting forth the basis for your disputed claim must be timely sent to the Claims Administrator by mail:

OPM Data Breach Settlement
P.O. Box 4719
Portland, OR 97208-4719

Or submit by email to:

DefectResponses@OPMDataBreach.com

If you wish to dispute the Claims Administrator’s determination of your claim, please also provide a completed form W-9 (“Request for Taxpayer Identification Number and Certification”), which you can obtain from the website https://www.irs.gov/pub/irs-pdf/fw9.pdf. If, after the Claims Administrator’s final review of your claim, it is found to be eligible for payment, your payment will be delayed if you do not provide a Form W-9 containing your full Social Security number with your dispute submission.

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I need a replacement check issued.
If you require a replacement check and do not need to update your name or address, please send your request to Questions@OPMDataBreach.com. Please allow 6-8 weeks for the new check to arrive. However, if you wish to change your name or address, please submit name change documentation or documents confirming your new address to Questions@OPMDataBreach.com or by mail:

OPM Data Breach Settlement
P.O. Box 4719
Portland, OR 97208-4719

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Is my payment taxable? Will I receive Form 1099-MISC?
Epiq cannot provide tax advice. That said, you should be aware that Epiq will issue an IRS Form 1099-MISC where the distribution appears to include $600 or more in reportable income, per IRS guidelines. Epiq determines if an IRS Form 1099-MISC is required by subtracting the substantiated expense reimbursement portion, if any, from the total amount you were paid. If the amount remaining is over the $600 IRS threshold for 1099 reporting, a Form 1099-MISC will be sent. Forms 1099-MISC will be issued for the year in which payment was made, in January following the payment year. For December 2023 payments, Epiq will issue Forms 1099-MISC on January 31, 2024. To fully discern if your payment/how much of your payment is taxable, which is not necessarily the same as what portion is reportable income, you will need to consult with your individual tax advisor.

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