About the FMC Services Data Breach Settlement
A $2,150,000 class action settlement has been reached in Sharber, et al. v. FMC Services, LLC, Case No. 111219-D-CV, in the District Court of Potter County, Texas, 320th Judicial Court. The lawsuit arises from a data incident that occurred on or about July 26, 2022, in which an unauthorized third party allegedly accessed and acquired sensitive personal and medical information stored on FMC Services' computer systems.
Plaintiffs allege that the breach compromised private information including names, mailing addresses, dates of birth, Social Security numbers, and medical information. FMC Services, LLC denies that any information was acquired and does not admit any wrongdoing. The settlement was reached to avoid the risks and costs of continued litigation.
Who Is Eligible to File a Claim?
You may be eligible to participate in this settlement if you are a Settlement Class Member, defined as any person whose personally identifiable information (PII) or personal health information (PHI) was compromised in the July 2022 Data Incident, including all persons who were sent a notice of the Data Incident.
The following individuals are excluded from the Settlement Class:
- Directors, officers, and agents of FMC Services, LLC, or their subsidiaries and affiliated companies
- Governmental entities
- The Judge assigned to the Action, that Judge's immediate family, and Court staff
What Benefits Are Available?
Eligible Settlement Class Members who submit a timely and valid claim may receive one or more of the following benefits:
- Cash Payment A – Documented Losses: Up to $5,000.00 per class member for documented out-of-pocket losses related to the data incident. Requires submission of supporting documentation such as receipts, telephone records, or correspondence.
- Cash Payment B – Alternate Cash Payment: An estimated $75.00 cash payment (subject to pro rata adjustment based on remaining settlement funds) for those who do not have documented losses.
- Medical Data Monitoring (Adults): Two years of CyEx's medical data monitoring, including real-time credit monitoring, dark web scanning, security freeze assistance, victim assistance, $1,000,000 in identity theft insurance with no deductible, and access to fraud resolution agents.
- Minor Data Monitoring: Two years of CyEx's minor monitoring product, including SSN monitoring, dark web scanning, public record traces, and fraud resolution agent access.
Key Dates and Deadlines
- Claims Deadline: August 31, 2026
- Opt-Out Deadline: August 17, 2026
- Objection Deadline: August 17, 2026
- Final Approval Hearing: September 15, 2026, at 9:00 a.m. CT
Frequently Asked Questions
Q: How do I know if I was affected by the FMC Services data breach?
A: If you received a notice in the mail or by email informing you that your personal or health information may have been compromised in the July 2022 FMC Services data incident, you are likely a Settlement Class Member. You can also call 1-844-609-0700 or email [email protected] to confirm your eligibility.
Q: Do I need documentation to file a claim?
A: It depends on which payment option you choose. For Cash Payment A (up to $5,000), you must submit reasonable documentation of your losses, such as receipts, emails, or phone records. For Cash Payment B (estimated $75), no documentation of losses is required, but you must complete and submit the claim form.
Q: What happens if I do nothing?
A: If you do nothing, you will receive no settlement benefits and will still be legally bound by the settlement if it is approved. You will give up your right to sue FMC Services about the claims in this lawsuit.
Q: Can I opt out of the settlement?
A: Yes. If you wish to exclude yourself from the settlement and preserve your right to file your own lawsuit, you must opt out by August 17, 2026. Instructions for opting out are available in the Class Notice on the settlement website.
Q: When will I receive my payment?
A: Payments will be distributed after the Court grants final approval of the settlement and it becomes final. The Final Approval Hearing is scheduled for September 15, 2026. Check the settlement website at www.FMCDataSettlement.com for updates on payment timing.
Q: How will I receive my payment?
A: You may choose to receive your payment via electronic payment (several options available) or by paper check when you submit your claim form.