On July 24, 2023, the Court entered the Order Granting Final Approval of Class Action Settlement and Judgment. This order is available to view and download here.
If You Have Been a Customer or Employee of Don Roberto Jewelers, Inc., A Class Action Settlement May Affect Your Rights.
June 12, 2023
June 12, 2023
June 26, 2023
July 20, 2023
- A Settlement has been reached in a class action lawsuit brought by Esteban Flores against Don Roberto Jewelers, Inc. concerning a data breach that occurred between February 16 and March 3, 2021, when one or more unauthorized individuals accessed or potentially accessed customer and employee information stored on Don Roberto Jewelers, Inc.’s computer system, including name, address, phone number, date of birth, customer account number, Social Security number, driver’s license information and/or employment information (the “Data Breach”).
- The lawsuit is called Flores v. Don Roberto Jewelers, Inc., Case No. 30-2021-01212035-CU-NP-CXC, and is pending in the Superior Court of the State of California in the County of Orange. The lawsuit asserts claims related to the Data Breach. The Defendant in the lawsuit is Don Roberto Jewelers, Inc. (“Don Roberto” or “Defendant”). The 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 individuals whose Personally Identifiable Information (“PII”) was subjected to the Data Breach, as confirmed by Don Roberto’s business records. Eligible Settlement Class Members will be emailed notice of their eligibility, and Settlement Class Membership will be verified against that emailed 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) for California residents at the time of the Data Breach, a cash payment of $75 to Class Members whose social security number, driver’s license number, and/or employment information were exposed in the Data Breach, as confirmed by Don Roberto’s business records—an amount that may be reduced pro rata to the extent total claims exceed $1,250,000 or increased pro rata up to $750 to the extent funds remain; (2) up to $5,000 for certain expenses incurred on or after February 16, 2021, with supporting documentation such as receipts and account statements, including up to $175 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—amounts may be reduced pro rata to the extent total claims exceed seven hundred fifty thousand dollars ($750,000.00) or used to increase the $75 payment discussed above to the extent funds remain, subject to the terms more fully described in the Settlement Agreement; and (3) three years of Financial Shield, an identity theft detection services provided by Aura, and three years of identity restoration services, also provided by Aura. The Settlement Administrator will post additional information about the payment amount on www.JewelrySettlement.com. Don Roberto 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, whose terms control.
- Your legal rights are affected regardless of whether you act or do not act. Please read this 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 June 26, 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. The deadline to exclude from the Settlement is June 12, 2023.
|OBJECT TO THE SETTLEMENT
Write to the Settlement Administrator explaining why you do not agree with the Settlement. The deadline to object is June 12, 2023.
|ATTEND THE FINAL APPROVAL HEARING
You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on July 20, 2023.
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.
- 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.