Alert: The Settlement Administrator has mailed settlement checks to those who have requested paper checks. Due to an error in the Settlement Administrator’s printing of checks, the mailed checks have a mistake in the routing number. Please do not try to cash them. If you have made an attempt and experienced a fee as a result, please contact the Settlement Administrator who will cover the fee. Corrected checks have already been mailed.
If You Were a Dave Inc. User,
A Class Action Settlement May Affect Your Rights.
Important Dates
- A Settlement has been reached in a class action lawsuit concerning Dave Inc. and a data breach (the “Data Breach”) that occurred between June 23 and July 1, 2020 when unauthorized users gained access to Dave’s data systems.
- The lawsuit is called Stoffers v. Dave Inc. (Case No. 20STCV35381) and is pending in the Superior Court of the State of California in the County of Los Angeles. The lawsuit asserts claims related to the Data Breach. The Defendant in the lawsuit is Dave Inc. (“Dave” or “Defendant”). Defendant in the lawsuit denies it is or can be held liable for the claims made in the lawsuit. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.
- Members of the Settlement Class are all California residents, as confirmed by having a California address on file in Dave’s business records at the time of the Data Breach, whose Personal Identity Information (“PII”) was subjected to the Data Breach, as confirmed by Dave’s business records. Eligible Settlement Class Members will be emailed or mailed notice of their eligibility, and Settlement Class Membership will be verified against that list. The Settlement Class does not include (a) the Court; (b) the officers and directors of Defendant; (c) persons who properly execute and file a timely request for exclusion from the Settlement Class; and (d) persons who have been separately represented by counsel for matters of, and have settled, claims related to the Data Breach with Defendant.
- Settlement Class Members are eligible to receive the following relief: (1) a cash payment of $75.00 to Class Members whose encrypted social security number and/or hashed password were exposed in the Data Breach, as confirmed by Dave’s business records, which amount may be reduced pro rata to the extent total claims exceed one million dollars ($1,000,000.00) or increased pro rata up to seven hundred and fifty dollars ($750.00) to the extent funds remain, subject to the terms more fully described in the Settlement Agreement; and (2) up to one thousand and five hundred dollars ($1,500.00) for certain expenses incurred on or after June 23, 2020, with supporting documentation such as receipts, account statements, including up to two hundred and fifty dollars ($250.00) reimbursement of time spent remedying identity theft, misuse of personal information, credit monitoring, freezing credit reports, and/or other issues related to the Data Breach, and which amount may be reduced pro rata to the extent total claims exceed one million two hundred and fifty thousand dollars ($1,250,000.00) or increased pro rata to the extent funds remain, subject to the terms more fully described in the Settlement Agreement. The Settlement Administrator will post additional information about the payment amount on this website. Dave has also agreed to adopt and implement additional data security measures for a period of at least five years following approval of the Settlement. For complete details, please see the Settlement Agreement.
- Your legal rights are affected regardless of whether you act or do not act. Please read the notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|---|---|
| SUBMIT A CLAIM FORM | This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form is August 30, 2023. |
| EXCLUDE YOURSELF FROM THE SETTLEMENT | You will receive no payment, but you will retain any rights you currently have with respect to Defendant and the issues in this case. You may download an exclusion form on the Important Documents page. The deadline to exclude from the Settlement is August 5, 2023. |
| OBJECT TO THE SETTLEMENT | You may mail an objection to the Settlement Administrator explaining why you do not agree with the Settlement. The deadline to object is August 5, 2023. |
| ATTEND THE FINAL APPROVAL HEARING | The Final Approval Hearing will be held on December 12, 2023. You do not need to attend the final approval hearing. However, you may appear in person or hire your own attorney to appear. The Court will hear from any Class Member who attends the final approval hearing and asks to speak regarding any objection to the Settlement. |
| DO NOTHING | You will not get a benefit from the Settlement, and you will give up certain legal rights. You will also remain in the Class and be subject to the Release. |
- These rights and options—and the deadlines to exercise them—are explained in the Notice. For complete details, please see the Settlement Agreement, whose terms control, available on the Important Documents page.
- The Court in charge of this case still has to decide whether to approve the Settlement. No Settlement benefits or payments will be provided unless the Court approves the Settlement, and it becomes final.