Miranda v Golden Entertainment, Inc.

Frequently Asked Questions 

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Questions

Answers

1. What is this Lawsuit about?

This lawsuit was filed on behalf of Golden’s customers, vendors, and current and former employees in connection with a Phishing Attack that occurred between May 30, 2019 and October 6, 2019. 

Plaintiffs allege that between May 30, 2019 and October 6, 2019, Golden was the target of a cyberattack in which third parties sent phishing emails to Golden’s employees in the hopes of gaining access to its computer systems, which might have resulted in unauthorized parties accessing the personal information of approximately 17,683 Golden customers, vendors, and current and former employees. Among the potentially compromised data were Social Security numbers, passport numbers, government ID numbers, driver’s license numbers, dates of birth, usernames, passwords, payment card numbers, expiration dates, card security codes (CVV), financial account numbers, routing numbers, health insurance information, and health or treatment information (collectively, “PII”). 

Golden denies any wrongdoing and denies all claims asserted against it in the lawsuit.  Both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation.

You can read Plaintiffs’ Amended Complaint, the settlement agreement, and other case documents, as well as download a claim form, in the documents section of this website.

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2. What is a class action?

In a class action, a plaintiff (in this case, plaintiffs Jennifer Miranda and Patricia Terry), sue on behalf of a group (or a “class”) of people. Here, the Plaintiffs sued on behalf all customers, vendors, and current and former employees of Golden Entertainment (NV), Inc. to whom Golden mailed notice that between, May 30, 2019 and October 6, 2019, it was the target of a cyberattack in which third parties sent phishing emails to Golden’s employees in the hopes of gaining access to its computer systems and might have resulted in unauthorized parties accessing personal information.

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3. Why is there a settlement?

To avoid the cost, risk, and delay of litigation, Golden and Plaintiffs (collectively, the “Parties”) reached a settlement as to the claims of Plaintiffs and the class.

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4. How do you know if you are part of the settlement?

You are included in the Settlement if you meet the following definition:

All customers, vendors, and current and former employees of Golden Entertainment (NV), Inc. to whom Golden mailed notice that between, May 30, 2019 and October 6, 2019, it was the target of a cyberattack in which third parties sent phishing emails to Golden’s employees in the hopes of gaining access to its computer systems and might have resulted in unauthorized parties accessing personal information.

The Settlement does not include:

(i)Golden and its respective officers and directors;
(ii)All class members who timely and validly opt-out of the settlement;
(iii)The judge assigned to evaluate the fairness of this settlement; and
(iv)Any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Phishing Attack or who pleads nolo contender to any such charge.

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5. What relief is available to class members and how do you receive benefits?

To obtain a recovery, you must submit a claim form along with reasonable documentation where necessary (e.g., bank statement or credit card statement with unreimbursed fees circled; cell phone or internet bill with charges circled; receipts or account statements reflecting purchases made for credit reports) and/or a proper attestation.  This is the only way to get a payment or receive the free credit monitoring. 

Reimbursement for Lost Time

You can get reimbursement of up to 3 hours for lost time dealing with the Phishing Attack at a rate of $15/hour.  Lost-time claims can be combined with out-of-pocket-expense claims, but total reimbursement will not exceed a maximum of $200.

You must have spent at least one (1) half-hour dealing with issues arising out of the Phishing Attack.  All partial hour increments will be rounded to the nearest whole hour (i.e., an individual who spent 1.2 hours responding to the Phishing Attack would receive compensation for one hour, while an individual who spent 1.5 hours responding to the Phishing Attack would receive compensation for two hours).

Claims for lost time must be submitted no later than April 15, 2021 along with a written statement attesting to time spent dealing with the Phishing Incident. No other documentation is required to receive compensation for lost time.

Reimbursement for Documented Out-of-Pocket Expenses

You can receive up to a maximum of $200 as reimbursement for documented out-of-pocket expenses that you incurred (or made) related to the Phishing Attack.  The maximum amount Golden is required to pay for all claims for out-of-pocket expenses is $250,000.  If the total amount of out-of-pocket-expense claims exceeds $250,000, each class member’s claim will be reduced proportionally until the total amount is $250,000.

Out-of-pocket expenses include:  

(i) Unreimbursed bank fees;
(ii) Unreimbursed card reissuance fees;
(iii) Unreimbursed overdraft fees;
(iv) Unreimbursed charges related to unavailability of funds;
(v) Unreimbursed late fees;
(vi) Unreimbursed over-limit fees;
(vii) Long distance telephone charges;
(viii) Cell phone minutes (if charged by minute), Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Phishing Attack), and text messages (if charged by the message and incurred solely as a result of the Phishing Attack); 
(ix) Unreimbursed charges from banks or credit card companies;
(x) Interest on payday loans due to card cancellation or due to over-limit situation incurred solely as a result of the Phishing Attack; 
(xi) Costs of credit report(s) purchased by class members between November 7, 2019 and the date of the Preliminary Approval Order (with an affirmative statement by the class member that it was purchased primarily because of the Phishing Attack); and  
(xii) Other losses incurred by class members determined by the claims administrator to be fairly traceable to the Phishing Attack. 
Claims for out-of-pocket reimbursement must be submitted no later than April 15, 2021 along with documentation for the out-of-pocket expenses incurred. 

Credit Monitoring 

You can receive one year of free credit monitoring, called “Identity Guard Total powered by IBM Watson”. If you already previously received one year of free credit monitoring related to the Phishing Attack, you will get an additional year of free credit monitoring.. Credit monitoring includes:

  • Up to $1 Million Dollars reimbursement insurance from AIG covering losses due to identity theft and stolen funds;
  • Three bureau credit monitoring providing notice of certain changes to the enrolled Participating Settlement Class member’s credit profile, including, at least, two-credit bureau inquiry alerts in real-time;
  • Real time authentication alerts, in as little as three seconds, when someone attempts to make a change to enrolled Participating Settlement Class members’ personal account information within Identity Guard’s network;
  • LexisNexis authentication alerts utilizing LexisNexis’ database of legal, governmental and newsworthy incidents;
  • Alerts based on searches of payday-loan providers and court records and monitoring of the top ten largest U.S. financial institutions, for attempted or actual fraudulent use of the enrolled Participating Settlement Class members’ information;
  • Online income tax filing alerts provided by LexisNexis;
  • Dark web monitoring that will provide notification if an enrolled Participating Settlement Class member’s information such as social security number, credit card numbers, financial account numbers, and health insurance number are found on the dark web;
  • Threat alerts powered by IBM “Watson’s” artificial intelligence of potential threats relevant to the enrolled  Participating Settlement Class members found by IBM Watson’s artificial intelligence, for instance: breaches, phishing scams, and malware vulnerabilities;
  • Customer support and victim assistance provided by Identity Guard®;
  • Anti-phishing applications for iOS & Android mobile devices; and
  • Safe browsing software for personal computers and Macs to help protect the enrolled Participating   Settlement Class member’s computer(s) against malicious content with an add-on for Safari, Chrome, and    Firefox web browsers that delivers proactive malware protection by blocking various malware delivery channels including phishing, malvertisements, and flash (the extension also blocks content and tracking cookies to help protect personal information).

You can download the Claim Form from the Documents section of this website and mail it to:

Golden Entertainment Settlement
c/o Claims Administrator
PO Box 126
Warminister, PA 18974-0126

Again, all claim forms must be submitted online, or mailed and postmarked, no later than April 15, 2021.

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6. What am I giving up to receive these benefits?

By not timely opting-out of the class, all of the Court’s orders will apply to you, and you give Golden a “release.”  A release means you cannot sue or be part of any other lawsuit against Golden about the claims or issues in this lawsuit (relating to the Phishing Attack), and you will be bound by the settlement.  The specific claims you are giving up against Golden and related persons or entities are called “Released Claims.”  The Released Claims are defined in Section 1.9 and described in Section 6 of the settlement agreement, which is available under the Documents section of this website.  The settlement agreement describes the Released Claims with specific and accurate legal descriptions, so read it carefully.

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7. How much will the plaintiffs receive?

The Plaintiffs will receive a portion of the settlement as class members should they choose to submit a claim.  The Plaintiffs in this case will also receive a payment of up to $3,000 as an incentive award for having pursued this litigation.  Any incentive award is subject to Court approval.

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8. Do I have a lawyer in this case?

The Court has appointed Bursor & Fisher, P.A. as “Class Counsel” to represent class members who do not timely opt-out of the settlement. You can contact Class Counsel at (646) 837-7150.

Class Counsel will request from the Court to award attorneys’ fees, costs and expenses not to exceed $225,000, inclusive of any costs and expenses of the litigation.  Class Counsel, in their sole discretion, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by the Court among Plaintiffs’ counsel.  Any award of attorneys’ fees and costs and expenses are subject to Court approval.

You may hire your own attorney, but only at your own expense.

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9. I don't want to be part of this case. How do I opt out of the settlement?

If you don’t want to be reimbursed for out-of-pocket and/or lost-time expenses, don’t want credit monitoring services, and want to keep the right to sue Golden regarding issues relating to the Phishing Attack, you must submit a request to opt-out of the Settlement. This is called “opting out” of the settlement.

To opt-out, you must send a letter by mail that:

(i)States your full name and address
(ii)Includes the case name and case number - Miranda, et al. v. Golden Entertainment (NV), Inc., Case No. 2:20-cv-00534-JAD-DJA
(iii)Contains your signature or the signature of the person authorized by law to sign on behalf of you; and
(iv)States unequivocally that you want to opt-out of the settlement.

To be valid, you must mail your opt-out request, postmarked no later than March 16, 2021, to: Golden Entertainment Settlement, c/o Claims Administrator, PO Box 126, Warminister, PA 18974-0126.

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10. How do I object to the settlement?

Any class member who does not opt-out of the settlement may object to the settlement.  In order to exercise this right, you must mail your objection to Class Counsel and counsel for Golden at the addresses provided below.

Your objection must include the following information:

(i)Your full name and address
(ii)You must include the case name and case number - Miranda, et al. v. Golden Entertainment (NV), Inc., Case No. 2:20-cv-00534-JAD-DJA
(iii)Information identifying yourself as a class member, including proof that you are a member of the class (e.g., copy of settlement notice, copy of original notice of the Phishing Attack, or a statement explaining why you believe you are a class member)
(iv)A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable
(v)The identity of any and all counsel representing the objector in connection with the objection
(vi)A statement whether you and/or your counsel will appear at the Final Fairness Hearing; and
(vii)Your signature or the signature of the attorney or any other authorized representative (if any) representing you in connection with the objection.

Your written notice of an objection, in the appropriate form, must be mailed, postmarked by March 16, 2021, and sent to the following addresses:


Class CounselCounsel for Golden
Yitzchak Kopel
BURSOR & FISHER P.A.
888 Seventh Aveenue, Third Floor
New York, NY 10019
Casie D. Collignon
Baker & Hostetler, LLP
1801 California Street, Suite 4400
Denver, Colorado 80202-2662

Another Option to Submit Your Objection
You, or your counsel, may also file Objections with the Court through the Court’s electronic case filing (“ECF”) system, with service on Class Counsel and Golden’s Counsel made through the ECF system.

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11. When and where will the court decide whether to approve the settlement?

The Court will hold a Final Approval and Fairness Hearing on May 12, 2021 at 9:30 a.m. to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the class, and to rule on applications for compensation for Class Counsel and an incentive award for the Plaintiffs.  At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed Settlement.

YOU ARE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THIS SETTLEMENT.  The hearing may be postponed to a later date without notice. The Court may hold the hearing in person at the Lloyd D. George Federal Courthouse, 333 Las Vegas Boulevard, South, Las Vegas, NV 89101, via zoom, or telephonically.  Instructions on how to appear at the hearing will be available on this website.

If you have objected to the settlement and intend to appear at the Final Approval Hearing, either with or without counsel, you must file with the Court your notice to appear at the hearing, and serve it on Class Counsel and Defendants’ Counsel at the addresses above, by March 16, 2021.  If you intend to appear at the Final Approval Hearing through counsel, you also must identify the attorney(s) representing you who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, e-mail address, state bar(s) to which counsel is admitted, as well as associated state bar numbers. See FAQ 10 for complete instruction on objecting to the Settlement and appearing at the Fairness Hearing.

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12. How do I get more information about the Settlement?

Additional information and documents, including case documents, are available on this website or by contacting the Claims Administrator at 1-833-253-8063 or write to Golden Entertainment Settlement, c/o Claims Administrator, PO Box 126, Warminister, PA 18974-0126.  You may also contact Class Counsel at (646) 837-7150.

PLEASE DO NOT CALL THE COURT OR THE JUDGE WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.

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This website is authorized by the Court, supervised by counsel and controlled by the Claims Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-833-253-8063

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Tuesday, March 16, 2021
    You must complete and mail your request for exclusion so that it is postmarked no later than Tuesday, March 16, 2021.
  • Objection Deadline

    Tuesday, March 16, 2021
    You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Tuesday, March 16, 2021.
  • Claim Form Deadline

    Thursday, April 15, 2021
    You must submit your Claim Form on-line no later than Thursday, April 15, 2021 or mail your completed paper Claim Form so that it is postmarked no later than Thursday, April 15, 2021.
  • Final Approval Hearing Date

    Wednesday, May 12, 2021
    The Final Approval Hearing is scheduled for Wednesday, May 12, 2021. Please check this website for updates.

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