Fairmont FCU Data Breach Settlement: Up to $150 or $7,500

What happened

Class period: September 30, 2023 through October 18, 2023 (date of the Data Incident)

• Between September 30, 2023 and October 18, 2023, cybercriminals got into Fairmont Federal Credit Union's (FFCU) servers.
• Private Information, including personally identifiable information and protected health information, may have been exposed for current and former members and people who did financial transactions with them.
• FFCU publicly disclosed the incident around April 30, 2025 and began mailing notice letters around September 2025.
• The federal case is Butler v. Fairmont Federal Credit Union, Case No. 1:25-cv-00094-JPB, in the U.S. District Court for the Northern District of West Virginia; related West Virginia state court cases were combined into it.
• The lawsuit claims negligence, negligence per se, breach of implied contract, and breach of fiduciary duty. FFCU denies wrongdoing but agreed to a $1,783,857.64 settlement.

What you can get

Key dates

Who may qualify

• Your Private Information was potentially impacted in the FFCU Data Incident (September 30 to October 18, 2023), disclosed around April 30, 2025
• This can include current and former FFCU members and people who did financial transactions with those members
• You live in the United States
• You may have received a notice letter (mailed starting around September 2025) or an email from FFCUDataSettlement@e.emailksa.com
• You are not excluded (FFCU and its officers and directors, assigned judges and court staff and their families, anyone involved in the incident, and anyone who opts out)

How to file

1. Go to https://ffcudatasettlement.com/ and click "Submit Claim"
2. Claim 3 years of credit monitoring and identity restoration
3. Choose either the Alternative Cash Payment or reimbursement for out-of-pocket losses and/or attested time
4. Upload documentation for losses, or attest to how you spent your time
5. Submit by 11:59 p.m. ET on December 18, 2026
6. Or mail a paper Claim Form, postmarked by December 18, 2026, to: Butler v. Fairmont Federal Credit Union, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391

Proof required

• Alternative Cash Payment: no documentation required
• Out-of-pocket losses: documentation of verifiable, unreimbursed costs fairly traceable to the Data Incident
• Attested time: a written attestation of how you spent the time and that it was related to the Data Incident
• Credit monitoring: submit a claim; no documents are listed

Payment timing

Benefits will be distributed after the Court grants final approval (hearing February 8, 2027) and any appeals are resolved. Payment method is not yet listed. Check https://ffcudatasettlement.com/ for updates.

Important links

• Official website
• FAQs
• Documents

Contact

Extra details

• The $1,783,857.64 fund pays admin costs, attorneys' fees (up to one-third, or $594,599.74) plus costs, and service awards (up to $5,000 for class representatives, $3,500 for state court plaintiffs, and $1,000 for tag-along plaintiffs)
• Claims are paid in this order: out-of-pocket losses, attested time, credit monitoring, then Alternative Cash Payments split equally from what remains
• FFCU agreed to cybersecurity enhancements, including training, for 5 years
• Email notices from FFCUDataSettlement@e.emailksa.com are legitimate; call (833) 453-2784 if you are unsure
• To opt out, mail a signed notice with your full name, postal address, email, and the statement "I wish to opt out of the Settlement in Butler v. Fairmont Federal Credit Union, Case No. 1:25-cv-00094-JPB," postmarked by December 18, 2026, to the administrator, ATTN: Opt-Out Notices
• To object, file with or mail to the Clerk of the Court, U.S. District Court for the Northern District of West Virginia, 500 West Pike Street, Room 301, Clarksburg, WV 26301, and mail copies to Class Counsel and Defendant's counsel, all by December 18, 2026; objectors may face limited discovery
• The Final Approval Hearing is at 2:30 p.m. ET on February 8, 2027 at the U.S. Federal Building and Courthouse, 500 West Pike Street, Room 301, Clarksburg, WV 26301
• Class Counsel are Gerald D. Wells, III of Lynch Carpenter LLP, and Troy Giatras and Matthew Stonestreet of the Giatras Law Firm
• The Settlement Administrator is Kroll Settlement Administration LLC; you can also use the "Contact Us" form on the official site
• If you do nothing, you get no benefits and give up your right to sue FFCU over these claims
• Watch for scams: use the official site only

FAQ

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