MERS MO Goodwill Settlement

 Rayburn et al. v. MERS Missouri Goodwill Industries

Case No. 2522-CC00257 (Circuit Court of the City of St. Louis)

IF YOUR PERSONAL INFORMATION WAS IMPACTED BY A DATA INCIDENT THAT MERS MISSOURI GOODWILL EXPERIENCED IN March 2023, A PROPOSED CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS

What is thiS Lawsuit about?

A Settlement has been reached with MERS Missouri Goodwill Industries (“MERS Goodwill” or “Defendant”) in a class action lawsuit about a Data Incident that occurred in or around March 2023. The lawsuit is captioned Rayburn et al. v. MERS Missouri Goodwill Industries, Case No. 2522-CC00257. (Circuit Court of the City of St. Louis). MERS Goodwill denies the allegations and all liability or wrongdoing with respect to any and all facts and claims alleged in the lawsuit but has agreed to a settlement to avoid the costs and risks associated with continuing this case.

Who is Included?

You are included in this Settlement if you are a Settlement Class Member. A Settlement Class Member is an individual who resides in the United States whose personal information was impacted by the Data Incident that affected MERS Goodwill in or around March 2023, including all those individuals who received notice of the data breach.

What does the Settlement Provide?

Settlement Class Members may submit a claim form for:

  1. 2 years of credit monitoring;
  2. Ordinary Loss Claims – up to a total of $500 per claimant;
  3. Lost Time - $25 per hour for up to 4 hours (for a total of $100, subject to the $500 cap on Ordinary Loss Claims);
  4. Extraordinary Loss Claims – up to a total of $5,000 per claimant;
  5. Alternative Cash Payment of $50 in the alternative to Claims for Ordinary Losses, Lost Time, and Extraordinary Losses.

Credit Monitoring Services: All Settlement Class Members can make a claim for 2 years of credit monitoring services and identity theft protection by choosing this benefit on the Claim Form.

Ordinary Losses: Up to a total of $500.00 per claimant, upon submission of a valid claim with supporting documentation for out-of-pocket losses incurred as a result of the Data Incident, including: unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; credit monitoring costs that were incurred on or after mailing of the notice of data breach, through the date of claim submission; and miscellaneous expenses such as fax, postage, copying, mileage.

Lost Time Claims: Reimbursement of $25 per hour up to 4 hours (for a total of $100) with identification of the activities engaged in. Claims for Lost Time are subject to the $500.00 cap for Ordinary Losses.

Extraordinary Losses: Up to a total of $5,000.00 per Settlement Class Member in compensation upon submission of a valid and timely claim form for monetary losses that meet the following conditions:

  1. The loss is an actual, documented, and unreimbursed monetary loss;
  2. The loss was more likely than not caused by the Data Incident;
  3. The loss was incurred after the date of the Data Incident;
  4. The loss is not already covered by one or more of the other reimbursement categories; and
  5. The Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.

Alternative Cash Payment: $50 in the alternative to Claims for Ordinary Losses, Lost Time, and Extraordinary Losses.

How to make a claim for Settlement Benefits

You must complete and file a Claim Form online or by mail postmarked by July 7, 2025, including required supporting documentation demonstrating if you choose an Extraordinary or Ordinary Loss Claim.

If you are a Class Member, you have the following options:

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
ACTION EXPLANATION DEADLINE
SUBMIT A CLAIM The only way to receive cash and other benefits from this Settlement is by submitting a valid and timely Claim Form.

You can submit your Claim Form online or download the Claim Form from this website and mail it to the Settlement Administrator.You may also call or email the Settlement Administrator to receive a paper copy of the Claim Form.
July 7, 2025
OPT OUT OF THE SETTLEMENT You can choose to opt out of the Settlement and receive no payment. This option allows you to sue, continue to sue, or be part of another lawsuit against the Defendant related to the legal claims resolved by this Settlement. You can elect to retain your own legal counsel at your own expense.

Please see question 16 of the Notice of Proposed Class Action Settlement for the details on how to Opt-Out of the settlement.
June 6, 2025
OBJECT TO THE SETTLEMENT AND/OR ATTEND A HEARING If you do not opt out of the Settlement, you may object to it by writing to the Court about why you don’t like the Settlement. You may also ask the Court for permission to speak about your objection at the Final Approval Hearing. If you object, you may also file a claim for benefits.

Please see question 17 of the Notice of Proposed Class Action Settlement for the details on how to object to the settlement.
June 6, 2025
DO NOTHING Unless you opt out of the settlement, you are part of the Settlement. If you do nothing, you will not get a payment from this Settlement and you will give up the right to sue, continue to sue, or be part of another lawsuit against the Defendant related to the legal claims resolved by this Settlement. No Deadline

To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read the Long Form Notice of Class Action Settlement.

When and where will the Court decide whether to approve the settlement?

The Court is scheduled to hold a final approval hearing on July 10, 2025 at 1:30 p.m. E.T., at the 22nd Judicial Circuit Court, 10 North Tucker Boulevard, St. Louis, Missouri 63101, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a service award payment to each Class Representative who brought this Action on behalf of the Settlement Class.

The Court granted Final Approval of the settlement. You can review the Order Granting Final Approval under the Court Documents page.