1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The United States District Court for the Southern District of California authorized the Notice. You have the right to know about the proposed Settlement of this class action lawsuit, and about all your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Flores v. The Computer Merchant, Ltd., Case No. 3:25-cv-00038. It is pending in the United States District Court for the Southern District of California. The people who filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, The Computer Merchant, Ltd., is called the “Defendant.”
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This lawsuit alleges that in a July 2024 targeted cyberattack on TCM's computer network, certain files that contained private information were accessed. These files may have contained personal information related to Defendant’s job applicants, former employees, and current employees.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except those who opt out from the Settlement. In this Settlement, the Class Representatives are Erika Flores and Sarah Garner.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “All persons in the United States whose Private Information was potentially compromised as a result of the Data Incident and who were sent notice of the Data Incident.”
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Yes. Excluded from the Class are: (1) TCM's governing board members; (2) governmental entities; (3) the Judge in this case, and the Judge’s family and staff; and (4) anyone who validly excludes themselves from the Settlement.
If you are not sure whether you are a Class Member, you may ask for free help any time by contacting the Settlement Administrator at:
TCM Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@ComputerMerchantClassSettlement.com
Call toll free, 24/7: (866) 602-5907
You may also view the Settlement Agreement here.
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TCM will establish a Settlement Fund of $610,000.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs, Service Award payments to the Plaintiffs, and the costs of administering the Settlement. The net remaining money will be used to pay for the cash benefits described below.
All Settlement Class Members will receive one year of financial data monitoring and one or more cash payments. These benefits are explained in more detail below.
CyEx Financial Shield. All Class Members will receive an enrollment code for one year of CyEx Financial Shield Complete. This comprehensive service comes with $1 million of financial fraud insurance, and includes monitoring for:
fraud or identity theft
unauthorized financial transactions
high-risk financial transactions
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payment Options
Compensation for Extraordinary Losses (losses related to actual identity theft or fraud). If you lost money because of identity theft or fraud, you can get back up to $3,000.00.
You will need to show:
an actual, documented and unreimbursed monetary loss;
the theft or fraud was more likely than not caused by the Data Incident;
the losses are not already covered by Out-of-Pocket Expenses (see below); and
you made reasonable efforts to prevent the loss or get your money back, such as by using insurance you already have.
The losses must have occurred between July 1, 2024, and June 24, 2026.
You need to send proof, like receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Out-of-Pocket Losses. If you incurred actual, documented out-of-pocket expenses due to the Data Incident, you can get back up to $500.00. The losses must have occurred between July 1, 2024, and June 24, 2026.
This benefit covers out-of-pocket expenses like:
fees for credit reports, credit monitoring, or freezing and unfreezing your credit;
cost to replace your IDs; or
postage to contact banks by mail.
You need to send proof, like receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party. You cannot claim this reimbursement if you want to claim the Alternative Cash Payment (see below).
Alternative Cash Payment. Instead of reimbursement for Out-of-Pocket Losses, you may claim a one-time cash payment. This payment is expected to be $40.00 but may be larger or smaller depending on the total claims filed. You do not have to provide any proof or explanation to claim this payment.
You cannot claim this payment if you want to claim reimbursement for Out-of-Pocket Losses (see above).
Compensation for Lost Time. Class Members who spent time responding to the Data Incident may claim up to five hours, at $20.00 per hour, for a maximum of $100.00.
You must have spent the time on tasks related to the Data Incident. Some examples include things like:
changing your passwords
investigating suspicious activity in your accounts
researching the Data Incident
You must briefly describe how you spent this time.
CCPA Cash Payment. Settlement Class Members who are residents of California are eligible to receive an additional one-time cash payment. The cash payment is estimated to be $75.00 but may be larger or smaller depending on the total claims filed.
You must have been a resident of California for the relevant times related to this Settlement and the Data Incident.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
TCM Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@ComputerMerchantClassSettlement.com
Call toll free, 24/7: (866) 602-5907
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If you stay in the class, you won’t be able to be part of any other lawsuit against TCM about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section XIII) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
TCM Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (866) 602-5907, by email info@ComputerMerchantClassSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online here, you must do so by June 24, 2026. If you are sending a claim by U.S. mail you may download the Claim Form here. The completed and signed Claim Form, including supporting documentation, must be postmarked no later than June 24, 2026.
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The Court will hold a Final Approval Hearing on July 9, 2026, at 10:00 a.m. Pacific Time (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys Joshua Swigart of Swigart Law Group, and Ben Travis of Ben Travis Law, APC, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the Court to approve 25% as reasonable attorneys' fees plus the costs of litigation. These amounts will be paid from the Settlement Fund.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue TCM on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself. The deadline to exclude yourself from the Settlement is June 9, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Flores v. The Computer Merchant, Ltd., Case No. 3:25-cv-00038, pending in the United States District Court for the Southern District of California;
your full name, mailing address, telephone number, and email address;
personal signature; and
the words "Request for Exclusion," "Request to Opt Out," or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
TCM Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Your Request for Exclusion must be postmarked by June 9, 2026.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself or opted out from the Settlement (see Question 15)
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Flores v. The Computer Merchant, Ltd., Case No. 3:25-cv-00038, pending in the United States District Court for the Southern District of California;
your full name, mailing address, telephone number, and email address;
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you or your lawyer have objected in any other cases in the past five years, list the names, courts, and civil action numbers for each of those cases;
if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;
if you or your attorney have any agreement with a third party regarding your objection, please describe it;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must send the objection to the Settlement Administrator at:
TCM Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You may also submit your Objection online here.
Your Objection must be postmarked or submitted online by June 29, 2026.
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself or opt out from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval on July 9, 2026, at 10:00 a.m. Pacific Time, Courtroom 4A, of the Edward J. Schwartz United States Courthouse, 221 W. Broadway, San Diego, CA 92101. At the final approval hearing, the Court will decide whether to approve the Settlement. The Court will also decide how much Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to explain it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement (other than CyEx Financial Shield).
You will also give up the rights described in Question 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available here.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
TCM Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@ComputerMerchantClassSettlement.com
Call toll free, 24/7: (866) 602-5907
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 221 W. Broadway, San Diego, CA 92101.
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