FAQs

The Court directed that the Notice be provided because Class Members have a right to know about a proposed settlement that has been reached in this class action lawsuit and about their options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the benefits that the Settlement allows. The Notice explains the lawsuit, the Settlement, Class Member's legal rights, what benefits are available, who is eligible for them, and how to get them. Your legal rights are affected whether you act or not.

Judge Fernando J. Gaitan Jr. of the United States District Court for the Western District of Missouri is overseeing this case. This lawsuit is known as Weber v. National Advisors Trust Company, No. 4:24-cv-00162 (the “Action”). The people who sued are called the “Plaintiffs.”  The “Defendants” are the three entities referenced above, referred to collectively as “National Advisors.”

Plaintiff claims that in April 2023, National Advisors discovered suspicious activity related to an employee’s email account showing that certain files stored within the impacted email account may have been accessed by an unauthorized party between February 2023 and April 2023 (the “Data Incident”). These files contained certain personally identifiable information (“PII”) about 14,118 individuals, including their names, financial account numbers, driver’s licenses, and Social Security Numbers (see FAQ 3).

National Advisors denied and continues to deny all the claims made in the Action, as well as all charges of wrongdoing or liability against them.

Personal identifiable information or PII is information that identifies an individual or, when combined with other information, can be used to identify, locate, or contact an individual. In this case, the PII that was exposed included people’s names, financial account numbers, driver’s licenses, and Social Security Numbers.

In a class action, one or more people called “class representatives” (in this case, Kevin Weber) sue on behalf of themselves and all people who have similar claims. Together, all these people are a “class” or “class members.” One court and one case resolves the issues for all class members, except for those who exclude themselves (or opt out) from the class (see FAQs 14-15).

The Court did not decide in favor of the Plaintiff or Defendants. Instead, both sides agreed to a Settlement. By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation or a trial, and Settlement Class Members get the benefits described in this Notice. The proposed Settlement does not mean that any law was broken or that the Defendants did anything wrong. The parties believe that the Settlement is best for all Settlement Class Members.

Full details about the proposed Settlement are found in the Settlement Agreement.

You are included in the Settlement if you are an individual within the United States of America whose PII was exposed to unauthorized third parties as a result of the Data Incident that occurred between February 2023 and April 2023.

Specifically, you are a Settlement Class Member if the Defendants identified you as having PII potentially compromised by the Data Incident and to whom the Defendants provided notice about the Data Incident on February 2, 2024.

If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, email info@NAHSettlement.com, call toll-free 1-866-778-1167, or write to:

NAH Settlement
c/o A.B. Data, Ltd.
P.O. Box 173054
Milwaukee, WI  53217

If the Settlement is approved and becomes final, it will provide money, credit monitoring, and other benefits to Settlement Class Members.

A $650,000 Settlement Fund will pay money, reimbursement for losses, and costs of credit monitoring for eligible Settlement Class Members; notice and administration costs; taxes and tax-related expenses; a $2,500 service award to the class representative; and attorneys’ fees up to 33.3% of the Settlement Fund ($216,666.67) and expenses up to $10,000. National Advisors has also confirmed that it has or will take certain reasonable steps to further secure its systems and environments.

If you are a Settlement Class Member, you may be able to obtain the following benefits if you complete and submit a valid Claim Form:

Reimbursement for Documented Monetary Losses: You can submit a claim to get reimbursed for any documented monetary losses that you incurred because of the Data Breach up to $5,000.

Documented monetary losses may include:

• Unreimbursed losses from fraud or identity theft;
• Professional fees, including accountants’ fees and fees for credit repair services;
• Costs associated with freezing or unfreezing credit with any credit reporting agency;
• Credit monitoring costs that happened on or after the date of the Data Incident through the date you submit your claim; and
• Miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

If you claim documented monetary losses, you will have to submit proof to support your claim, such as receipts or invoices.

Credit Monitoring: You can submit a claim for three (3) years of credit monitoring services from one of the three major credit bureaus. You will need to provide a valid email address with your claim to receive an enrollment code.

Cash Payment: You can submit a claim to receive a cash payment to compensate you for the invasion of your privacy the lawsuit claims came from the Data Incident. The amount of your cash payment will depend on the number of valid claims and how much money is left in the Settlement Fund after it is used to pay reimbursement for losses and costs of credit monitoring for eligible Settlement Class Members, notice and administration costs, taxes and tax-related expenses, any service award; and attorneys’ fees and expenses (“Net Settlement Fund”). Each valid claim will get a proportional (or pro rata) share of the Net Settlement Fund.

To receive any of the payments or benefits described above, Settlement Class Members must submit a valid and timely Claim Form, including necessary supporting documents, to the Settlement Administrator by June 11, 2025 (see FAQ 10).

If there are any funds remaining after all claims are processed, those funds will be distributed to a non-profit organization. No remaining funds will be returned to the Defendants.

You must submit a Claim Form by June 11, 2025, to get money or credit monitoring from the proposed Settlement. You can file a Claim online here, download a Claim Form here, or you can call the Settlement Administrator at 1-866-778-1167 to ask for one.

Please read the instructions carefully and fill out the Claim Form completely and accurately. The Claim Form may ask you to submit additional documents to prove your claim.

Claim Forms must be submitted online by June 11, 2025, or by mail postmarked no later than June 11, 2025, to:

NAH Settlement
c/o A.B. Data, Ltd.
P.O. Box 173054
Milwaukee, WI 53217

Settlement Class Members who file valid claims will receive their payments and credit monitoring after the Court grants final approval to the Settlement and any appeals are resolved. The Court will hold a Final Fairness Hearing at 9:00 a.m. on June 17, 2025, at in the United States District Court for the Western District of Missouri, Charles Evans Whittaker U.S. Courthouse, 400 E. 9th Street, Kansas City, MO 64106 to decide whether to approve the Settlement. If there are appeals, resolving them can take time.  Please be patient.

Your payment and information about how to enroll in credit monitoring will be sent to you digitally via email. Instructions are provided on the Claim Form.

If the Settlement becomes final, and you are a Class Member, you will give up your right to sue the Defendants on your own for the claims in this Settlement. Unless you exclude yourself, the Court’s decisions will bind you.

The specific claims you are giving up against the Defendants are described in the Settlement Agreement. The Settlement Agreement describes the released claims in detail, so read it carefully.

If you have any questions, you can talk to the lawyers listed in FAQ 19 for free or you can talk to your own lawyer if you have questions about what this means.

Yes. If approved by the Court, the class representative will receive a service award of up to $2,500 for his service and effort bringing the lawsuit for the Settlement Class. The Court will decide the final amount, if any, to pay the class representative.

Excluding yourself or “opting out” means you will not be part of the Settlement anymore. You can opt out of the Settlement if you want to sue or continue to sue the Defendants on your own about the claims in this lawsuit. You will not get money or credit monitoring, and you cannot object to the Settlement.

If you do not want to be included in the Settlement, you must send a letter, called a request for exclusion, to the Settlement Administrator. Your request must include:

• The words “Request for Exclusion” or similar words in it;
• Your name and current address;
• A statement that you want to be excluded from the Settlement in Weber v. National Advisors Trust Company, No. 4:24-cv-00162; and
• Your signature (you must personally sign the letter).

Your written opt-out request must be sent by mail, postmarked no later than May 12, 2025, to:

NAH Settlement
ATTN: EXCLUSIONS
P.O. Box 173001
Milwaukee, WI 53217

If you do not mail your request for exclusion on time, you give up your right to exclude yourself from the Settlement and will be bound by all Court orders.

No. You will not get a payment or credit monitoring if you opt out of the Settlement.

No. If you are a Class Member and you do not exclude yourself from the Settlement, and it is approved by the Court, you forever give up the right to sue the Defendants for the claims this Settlement resolves.

If you are a Class Member and do nothing, you will not get any money or credit monitoring from the Settlement. You will be legally bound by the Court’s decisions. You will not be able to sue the Defendants on your own or be part of any other lawsuit about the claims in this lawsuit.  To receive a payment or credit monitoring, you must complete and submit a Claim Form by June 11, 2025 (see FAQ 10).

Yes. The Court has appointed attorneys at the law firms below to represent you and the other Settlement Class Members in this lawsuit. These lawyers are called “Class Counsel.”

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one at your own expense.

Class Counsel have not been paid anything to date for their work on this case. Class Counsel will ask the Court for attorneys’ fees up to 33.3% of the Settlement Fund ($216,666.67) and expenses up to $10,000. A copy of Class Counsel’s Fee and Expense Application will be posted on this website before the Final Approval Hearing.

The Court will decide the amount to pay Class Counsel and may award less than the amount requested. Any attorneys’ fees and expenses approved by the Court will be paid out of the Settlement Fund.

Objecting is when you tell the Court that you don’t like something about the Settlement. You give reasons why you think the Court should not approve it. The Court will consider your views.

If you want to tell the Court that you do not agree with the proposed Settlement or Fee and Expense Application or some part of them, you must send a written objection (letter) to the Court, so it is received by May 12, 2025. Your objection must include:

• Your name, current address, and telephone number;
• A statement that you object to the Settlement and/or Fee and Expense Application in Weber v. National Advisors Trust Company, No. 4:24-cv-00162;
• The reasons you object;
• Any documents or evidence that support your objection and you would like to present to the Court at the Final Approval Hearing;
• A statement saying if your objection applies only to you, to some Settlement Class Members, or to all Settlement Class Members;
• Your lawyer’s name, background, and prior experience (if you have one);
• A list of cases in which you and your lawyer (if you have one) have submitted objections during the past five years;
• A statement saying if you (or your lawyer) intend to appear and speak at the Final Approval Hearing; and
• Your or your lawyer’s signature.

Your objection must be filed with (or mailed to) the Clerk of Court, so it is received no later than May 12, 2025, at:

Clerk of the Court
United States District Court for the Western District of Missouri
Charles Evans Whittaker U.S. Courthouse
400 E. 9th Street
Kansas City, MO 64106

If you do not mail your objection on time or it does not meet all the requirements, you give up your right to object to the Settlement or to speak at the Final Approval Hearing.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. If you object to the Settlement, you are still a Settlement Class Member.

Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court will hold the Final Approval Hearing on June 17, 2025, at 9:00 a.m. in the United States District Court for the Western District of Missouri, Charles Evans Whittaker U.S. Courthouse, 400 E. 9th Street, Kansas City, MO 64106. The hearing may be moved to a different date, time, or location without additional notice, so please check this website for updates.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them and will listen to people who asked to speak at the hearing. Though you are not required to attend the hearing, any one objecting to the Settlement may ask permission to speak at the Hearing. Information on how to request to speak at the Hearing can be found in FAQ 26.  

The Court may also decide whether to award attorneys’ fees and expenses, as well as a service award to the class representative. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

No. You are not required to come to the Final Approval Hearing. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense.  If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it.  You may also pay your own lawyer to attend, but it is not necessary.

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission.  To do so, you must submit a Notice of Appearance according to the instructions in Question 22 that includes all the required information and a statement that you (or your lawyer) intend to appear at the Final Approval Hearing.

More details are in the Settlement Agreement. This website also contains other important documents, such as the Complaint, Preliminary Approval Order, and more found on the Court Documents page.

You also may write with questions to the Settlement Administrator at: NAH Settlement, c/o A.B. Data, Ltd., P.O. Box 173054, Milwaukee, WI 53217; email the Settlement Administrator at info@NAHSettlement.com; or call the toll-free number at 1-866-778-1167.

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANTS, OR DEFENDANTS’ COUNSEL.