Here are answers to frequently asked questions about the Restek Data Settlement. Detailed information about the Settlement is contained in the Class Notice and Settlement Agreement.
If you do not find an answer to your question here, please contact us directly.
Please do not contact the Court with questions about the Settlement.
You are a Settlement Class Member (unless you are one of the individuals who the next paragraph says are excluded from the Settlement Class) if the Claims Administrator identified you as being among those individuals residing in the United States whose Personal Information was compromised in the Data Security Incident experienced by Restek Corporation which began on or around June 2, 2023, including all those who received notice of the Data Security Incident.
The Settlement Class specifically excludes: (i) Restek; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other Person found by a court of competent jurisdiction in a Final verdict to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Security Incident or who pleads nolo contendere to any such charge.
This Notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Settlement Class.
This case is known as Kyle Retorick, on behalf of himself and all others similarly situated v. Restek Corporation, No. 2401-01443 pending in the Court of Common Pleas of Philadelphia County, PA. The persons who sued is called the “Plaintiff,” and the company he sued, Restek Corporation, is known as the “Defendant” in this case.
Plaintiffs filed the Lawsuit against Defendant, on behalf of himself and anyone whose Personal Information was potentially impacted as a result of the Data Security Incident.
On or around June 2, 2023, Restek identified suspicious activity related to its servers and systems. It immediately launched an investigation into the nature and scope of the event with the assistance of third-party subject matter specialists. Through its investigation, Restek learned that an unknown individual accessed its systems at various times from June 1, 2023 through June 9, 2023 and that during that time period there was unauthorized access to certain files and folders. A review of the files and folders was undertaken to determine the types of data potentially impacted and the individuals to whom statutory notice was required. The potentially affected information varied by individual, but included some or all of the following: first name or first initial and last name, Social Security number, date of birth, driver’s license number, employer-assigned identification number, passport number, financial information, system access information, medical information, and health insurance information (“Personal Information”). Notice was mailed to potentially impacted individuals on or after December 5, 2023. This Lawsuit was subsequently filed asserting claims against Defendant relating to this Data Security Incident.
Defendant denies any wrongdoing.
By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representative, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, in the best interests for Settlement Class Members. The Court did not decide in favor of the Plaintiff or Defendant. Full details about the proposed Settlement are found in the Settlement Agreement available here.
In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.”
You are included in the Settlement if the Claims Administrator identified you as being among those individuals residing in the United States whose Personal Information was compromised in the Data Security Incident experienced by Restek Corporation which began on or around June 2, 2023, including all those who received notice of the Data Security Incident. Some limited exclusions apply and can be found in the Settlement Agreement available here and in Section 1 above. If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, call toll-free at 866-291-7983, or write to Restek Data Security Settlement, c/o Claims Administrator, P.O. Box 2005, Chanhassen, MN 55317-2005.
The proposed Settlement will provide the following benefits to Settlement Class Members:
Credit Monitoring: All Settlement Class Members will be eligible to claim 24-months free credit monitoring services through IDX upon submission of a valid Claim Form. IDX Identity Protection Services provides single-bureau credit monitoring, dark web monitoring, $1,000,000 in reimbursement insurance, and fully managed identity recovery and lost wallet assistance. If the Settlement is finally approved by the Court, Settlement Class Members who make timely, valid claims for IDX Identity Protect Services will be provided with codes required to activate these services. The Settlement Class Member must activate the service within 180 days from the date that the activation codes are sent. Defendant will pay for the credit monitoring services separate and apart from other settlement benefits.
Documented Ordinary Loss Expense Reimbursement: All Settlement Class Members who, on a timely basis, submit a valid claim using the Claim Form are eligible for the following documented (except lost time, as defined below) ordinary loss expense reimbursement, not to exceed $425 per Settlement Class Member: unreimbursed documented out-of-pocket expenses that were incurred as a result of the Data Security Incident, which may include: (a) attorneys’ fees, (b) accountants’ fees, (c) fees for credit repair services, (d) costs associated with freezing or unfreezing credit with any credit reporting agency, (e) long distance phone charges (only if charged by the minute), (f) cell phone charges (only if charged by the minute), (g) data charges (only if charged based on the amount of data used), (h) postage, or (i) gasoline for local travel, and (j) fees for credit reports, credit monitoring, or other identity theft insurance products purchased between December 5, 2023 to January 9, 2026. To receive reimbursement for any of the above-referenced documented ordinary loss expenses, Settlement Class Members must submit a valid and timely Claim Form signed under penalty of perjury, including necessary supporting third-party documentation, to the Claims Administrator.
Lost Time Reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to four (4) hours of lost time actually spent responding to issues raised by the Data Security Incident (calculated at the rate of $20 per hour to a maximum of $80 per person), if at least one (1) full hour was spent dealing with the Data Security Incident. Settlement Class Members may receive reimbursement for lost time if the Settlement Class Member timely submits a valid Claim Form providing a specific written description of how the time was spent and attests under penalty of perjury that the lost time was spent responding to the Data Security Incident. Claims made for lost time can be combined with reimbursement for documented ordinary loss expense reimbursement and counts toward the $425 cap for all Settlement Class Members for ordinary loss expense reimbursement.
Documented Extraordinary Loss Reimbursement: Settlement Class Members are also eligible to receive reimbursement for unreimbursed documented extraordinary losses, not to exceed $3,500 per Settlement Class Member who was the victim of actual documented identity theft or fraud for proven actual monetary loss upon timely submission of a valid Claim Form signed under penalty of perjury and supporting third-party documentation, provided that: (i) the loss is an actual and unreimbursed monetary loss arising from the identity theft or fraud; (ii) the identity theft or fraud was more likely than not caused by the Data Security Incident; (iii) the loss is not already covered by one or more of the ordinary loss expense reimbursement categories; (iv) 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; and (v) the identity theft occurred between June 2, 2023 and January 9, 2026. The maximum amount any one Settlement Class Member may recover for documented extraordinary losses is $3,500.
Alternative Cash Payment: Settlement Class Members may claim an Alternative Cash Payment of $50.00 in lieu of claims for Ordinary Losses, Lost Time, and Extraordinary Losses. If a Settlement Class Member claims the Alternative Cash Payment, they cannot also receive compensation for Ordinary Losses, Lost Time, or Extraordinary Losses. However, Settlement Class Members can claim both the Alternative Cash Payment and Credit Monitoring Services. To receive this benefit, Settlement Class Members must submit a valid claim form. No documentation is required to make a claim.
Note: Documented Ordinary Loss Expense Reimbursement, Lost Time Reimbursement, Documented Extraordinary Loss Reimbursement, and Alternative Cash Payments are subject to a maximum aggregate cap of $210,000 for all Settlement Class Members combined. Payments to Settlement Class Members who make a valid claim for these benefits will be reduced on a pro rata basis according to the number of claims made if the total exceeds this overall cap.
Remedial Relief: Defendant has made certain security changes in response to the Data Security Incident and the Lawsuit. Defendant’s implementation of such ongoing security changes is separate and apart from other settlement benefits.
All claims will be reviewed by the Claims Administrator for completeness and plausibility. You must file a Claim Form to get money from the proposed Settlement. Claim Forms must be submitted online by JANUARY 9, 2026, or postmarked no later than JANUARY 9, 2026. You can submit an online claim or download a Claim Form, or you can call the Claims Administrator toll-free at 866-291-7983 for a Claim Form.
If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue Restek Corporation and its respective predecessors, successors, assigns, parents, subsidiaries, divisions, departments, owners, Trustees, and the present and former directors, trustees, officers, employees, agents, insurers, reinsurers, shareholders, attorneys, advisors, consultants, representatives, partners, joint venturers, independent contractors, wholesalers, resellers, distributors, retailers, vendors and related or affiliated entities of any nature whatsoever, whether direct or indirect, as well as any and all of Defendant’s and these entities’ respective predecessors, successors, officers, directors, employees, advisors, vendors, stockholders, partners, agents, attorneys, representatives, insurers, reinsurers, subrogees and assigns (collectively “Released Parties”) regarding the claims in this case.
The Settlement Agreement, which includes all provisions and definitions about settled claims, releases, and Released Parties, is available here.
The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the Settlement Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.
Yes. The Class Representative will receive a service award of up to $2,500, to compensate him for his services and efforts in bringing the Lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representative.
If you do not want to be included in the Settlement, you must send a timely written request for exclusion, stating your full name, address, and telephone number. Your request for exclusion must be personally signed by you and contain your original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under power of attorney to act on your behalf with respect to a claim or right, such as those in the Lawsuit). Your request must also clearly manifest your intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.
Your written request for exclusion must be postmarked no later than DECEMBER 9, 2025 to:
Restek Data Security Settlement
c/o Claims Administrator
Attn: Exclusions
P.O. Box 2005
Chanhassen, MN 55317-2005
Instructions on how to submit a request for exclusion are available here or from the Claims Administrator by calling 866-291-7983.
If you exclude yourself, you will not be able to receive any cash benefit or credit monitoring from the Settlement, and you cannot object to the Settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Lawsuit, and you will keep your right to sue Defendant on your own for the claims that this Settlement resolves.
No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Parties (listed in Question 8) for the claims this Settlement resolves.
If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money or credit monitoring services from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Parties (listed in Question 8) about the settled claims in this case at any time.
Yes. The Court has appointed STRAUSS BORRELLI, PLLC (called “Settlement Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Settlement Class Counsel will apply to the Court for an award of combined attorneys’ fees, costs, and expenses in an amount not to exceed $130,000. A copy of Class Counsel’s Motion for Attorneys’ Fees, Costs, Expenses, and Service Award for Class Representative will be posted on this Settlement Website, before the Final Approval Hearing. The Court will make the final decisions as to the amounts to be paid to Settlement Class Counsel and may award less than the amount requested by Settlement Class Counsel.
If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you must file an objection with the Court telling it why you do not think the Settlement should be approved.
Objections must be submitted in writing and include all the following information:
Your Objection must be filed with the Clerk of the Court no later than DECEMBER 9, 2025.
In addition, you must concurrently mail or hand deliver a copy of your objection to Settlement Class Counsel and Defendant’s Counsel, postmarked no later than DECEMBER 9, 2025.
Settlement Class Counsel:
Raina C. Borrelli
STRAUSS BORRELLI, PLLC
One Magnificent Mile
980 N. Michigan Ave, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
raina@straussborrelli.com
Defendant’s Counsel:
Paulyne A. Gardner
MULLEN COUGHLIN LLC
426 W. Lancaster Ave., Suite 200
Devon, PA 19333
Telephone: (267) 930-4770
Facsimile: (267) 930-4771
cmccarron@mullen.law
pgardner@mullen.law
In addition, if the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file with the Court, and mail or hand-deliver to Settlement Class Counsel and Defendant’s Counsel, a notice of appearance no later than DECEMBER 9, 2025. If the objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, the notice of appearance filed with the Court must also:
If you do not submit your objection with all requirements, or if your objection is not received by DECEMBER 9, 2025, you will be considered to have waived all Objections and will not be entitled to speak at the Final Approval Hearing.
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
The Court will hold a virtual Final Approval Hearing on February 12, 2026, at 1:00 p.m. via Zoom. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this website for updated information.
At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class Members, and if it should be finally approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of attorneys’ fees, costs, and expenses to Settlement Class Counsel and the request for a Service Award to the Class Representatives.
No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.
If you submit an Objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making objections in Question 15, including the requirements for making appearances at the hearing.
Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in Question 15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.
If you do nothing, you will not get any money from the Settlement, you will not be able to sue for the claims in this case, and you release the claims against Defendants and the Released Parties described in Question No. 8.
This is only a summary of the proposed Settlement. If you want additional information about this lawsuit, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Settlement Class Counsel’s Motion for Attorneys’ Fees, Costs, Expenses, and Service Award for Class Representative, and more, please visit the Important Case Documents page or call 866-291-7983. You may also contact the Claims Administrator at:
Restek Data Security Settlement
c/o Claims Administrator
P.O. Box 2005
Chanhassen MN 55317-2005
PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.