EXCLUDING YOUR FINANCIAL INSTITUTION FROM THE SETTLEMENT

To exclude your financial institution from the Settlement, or “opt out,” you must send a letter by U.S. Mail that includes the information in the bullet points below. If you fail to include this information, the notice of exclusion will be ineffective and the Settlement Class Member will be bound by the Settlement, including all releases.

  • The name of this Litigation (Veridian Credit Union v. Eddie Bauer LLC, Case No. 2:17-cv-00356-JLR (W.D. Wash.));
  • Your financial institution’s full name, address, and phone number;
  • The words “Request for Exclusion” at the top of the document or a statement in the body of the document requesting exclusion from the Settlement Class;
  • The name, address, email address, telephone number, position, and signature of the individual who is acting on behalf of the Settlement Class Member; and
  • The total number of payment cards issued by your financial institution that were identified as having been at risk as a result of the Cyber Attack in any alerts (or similar documents) by Visa, MasterCard, Discover, and JCB.

You must mail via first class postage prepaid United States mail the completed above-described letter, postmarked no later than September 10, 2019, to each of the following addresses:

Settlement Administrator

Eddie Bauer Data Breach Settlement
c/o Analytics Consulting LLC, Settlement Administrator
P.O. Box 2005
Chanhassen, MN 55317-2005

Settlement Class Counsel

Joseph P. Guglielmo
SCOTT+SCOTT ATTORNEYS AT LAW LLP
230 Park Avenue, 17th Floor
New York, NY 10169

Defense Counsel

Sean B. Hoar
LEWIS BRISBOIS BISGAARD & SMITH LLP
888 SW Fifth Avenue, Suite 900
Portland, OR 97204-2025

If you ask to be excluded, your financial institution will not get any payment as part of this Settlement, and you cannot object to this Settlement. Your financial institution will not be legally bound by anything that happens in the Settlement and related proceedings. Your financial institution may be able to sue (or continue to sue) Eddie Bauer in the future. If you object to the Settlement and seek to exclude your financial institution, you will be deemed to have excluded your financial institution.