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 Court of Common Pleas of Charleston County, South Carolina authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of 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 Sosebee v. Evening Post, Case No. 2025CP1005132. It is pending in the Court of Common Pleas of Charleston County, South Carolina. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the company they sued, Evening Post Publishing, Inc., is called the “Defendant.”
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This lawsuit alleges that during the March 2024 targeted cyberattack on EPP's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; passport numbers; social security numbers, financial account information; credit card information; and driver’s license numbers.
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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 for those who opt out from the Settlement. In this Settlement, the Class Representative is Wendy Sosebee. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiff 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 Plaintiff 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 residing in the United States whose PII was compromised during the Data Incident that is the subject of the Notice of Data Incident published by Defendant on or about August 8, 2024, and, for the sake of clarity, specifically includes current and former employees, and any other individuals, who received Notice of Data Breach published by Defendant on or about August 21, 2024.” In this sentence, PII means Personally Identifiable Information.
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Yes. Excluded from the Class are: (1) anyone who validly excludes themselves from the Settlement; (2) the Judge in this case, and the Judge’s family and staff; and (3) anyone who perpetrated the Data Incident.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
EPP Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@EveningPostDataSettlement.com
Call toll free, 24/7: TBD
You may also view the Settlement Agreement here.
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EPP has agreed to pay for a number of different benefits. All Class Members may claim Credit Monitoring and Identity Theft Protection services and one of two cash payment options:
There is an aggregate cap of $500,000.00 on these payment options. This means that if the total value of payments claimed is over $500,000.00, everyone’s payments will be reduced pro rata so that they add up to $500,000.00. A full description of how this works is available in the Settlement Agreement.
Credit Monitoring And Identity Theft Protection. All Class Members are eligible to enroll in two years CyEx Financial Shield Complete. This benefit comes with $1 million in identity theft insurance, and includes:
real time monitoring of your credit file
dark web scanning
comprehensive public records monitoring
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payments. You may claim payments from either Option A or Option B.
Option A
Out-of-Pocket Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you can get back up to $3,000.00. The losses must have occurred between March 13, 2024, and June 24, 2026. This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You need to send proof, like bank statements or 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.
Lost Time. Class Members who spent time responding to the Data Incident may claim up to three hours, at $20.00 per hour, for a maximum of $60.00.
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
OR
Option B
Aternative Cash Payment. Instead of the payments in Option A, you may claim a one-time $40.00 cash payment. You do not have to provide any proof or explanation to claim this payment.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
EPP Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@EveningPostDataSettlement.com
Call toll free, 24/7: TBD
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If you stay in the class, you won’t be able to be part of any other lawsuit against EPP about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section 3.5) 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:
EPP 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, TBD, by email info@EveningPostDataSettlement.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 downloading a Claim Form here and submitting a claim by U.S. mail, 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 or after July 1, 2026. Please check this website for updates (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 Gary M. Klinger of Millberg Coleman Bryson Phillips Grossman LLC; Philip J. Krzeski of Chestnut Cambronne PA; and Paul J. Doolittle of Poulin Willey Anastopoulo, LLC., 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 $225,000.00 as reasonable attorneys' fees and costs of litigation. This amount will be paid by EPP.
Class Counsel will also ask for a Service Award Payment of $2,500.00 for the Class Representative. The Service Award Payment will also be paid by EPP.
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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 EPP 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 May 25, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Sosebee v. Evening Post, Case No. 2025CP1005132, pending in the Court of Common Pleas of Charleston County, South Carolina;
your full name, mailing address, telephone number, and email address;
personal signature; and
the words "Request for Exclusion" 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:
EPP Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799
Your Request for Exclusion must be submitted, postmarked, or emailed by May 25, 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 from the Settlement (see Question 15)
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Sosebee v. Evening Post, Case No. 2025CP1005132 pending in the Court of Common Pleas of Charleston County, South Carolina;
your full name, mailing address, telephone number, and email address;
information that proves that you are a Class Member (such as a notice you have received);
whether the objection applies only to you, or to other Class Members, as well;
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;
whether you (or your lawyer) intend to appear at the Final Approval Hearing;
if you or your lawyer have objected in any other cases in the past three years, list the names, courts, and civil action numbers for each of those cases;
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, also provide their signed certificate or representation.
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by May 25, 2026. You must also send a copy of the objection to the Settlement Administrator.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | EPP Data Incident Settlement |
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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 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 Hearing on or after July 1, 2026. Please check this website for updates.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award a Service Award Payment to the Class Representative. 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 talk about 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. 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:
EPP Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@EveningPostDataSettlement.com
Call toll free, 24/7: TBD
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 100 Broad Street, Suite 106 Charleston, South Carolina 29401-2258.
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