Frequently Asked Questions

A Court authorized this website because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval of the Settlement. This website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

This class action is pending in the Supreme Court of New York, County of New York. The lawsuit is known as Kathryn M. Mortensen v. National Cable Communications LLC d/b/a Ampersand, Case No. 654441/2024 (“Action”). The individual who filed this Action is called the “Plaintiff” and/or “Class Representative” and the company sued, National Cable Communications LLC d/b/a Ampersand, is called the “Defendant.”

Plaintiff filed this lawsuit against Defendant, individually, and on behalf of the Settlement Class Members whose Private Information, including but not limited to names and Social Security Numbers, may have been impacted in the Cyberattack.

Plaintiff alleges that on or about September 28, 2023, as a result of the Cyberattack, a cybercriminal accessed Settlement Class Members’ Private Information. Plaintiff brought this lawsuit against Defendant.

Defendant denies the legal claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendant, or that any law has been violated. Instead, Plaintiff and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit. 

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt-out) from the class.

The Class Representative in this lawsuit is Plaintiff Kathryn Mortensen. 

Plaintiff and Defendant do not agree about the legal claims made in the Action. The Action has not gone to trial, and the Court has not decided in favor of Plaintiff or Defendant. Instead, Plaintiff and Defendant have agreed to settle the Action. The Class Representative, Defendant, and their lawyers believe the Settlement is best for all Settlement Class Members because of the benefits available to Settlement Class Members and the risks and uncertainty associated with continuing the Action.  Defendant highly values its employees and has chosen to settle this matter and make Settlement payments to its employees and former employees instead of incurring further disruption and expense in this litigation. Defendant has not admitted to any liability by entering into this Settlement.

The Settlement Class includes all persons residing in the United States whose Private Information may have been impacted in the Cyberattack, which occurred on or about September 28, 2023, including those who were sent a notice by Defendant that their Private Information may have been impacted in the Cyberattack. You may have been sent notices regarding the Cyberattack, with the initial notice sent around March 15, 2024. 

Yes. Excluded from the Settlement Class are: (1) any judge or magistrate presiding over this action and members of their families; (2) Defendant, Defendant’s subsidiaries, parents, successors, predecessors, affiliated entities, and any entity in which Defendant or its parent has a controlling interest, and these entities’ current or former officers and directors; (3) persons who properly execute and file a timely request for exclusion from the Class; (4) persons whose claims in this matter have been finally adjudicated on the merits or otherwise released; (5) Plaintiff’s counsel and Defendant’s counsel; and (6) the legal representatives, successors, and assigns of any such excluded persons.

If you are still not sure whether you are a Settlement Class Member, you may contact the Settlement Administrator in the Contact Us section of this website or call the Settlement Administrator’s toll-free telephone number at (833) 420-3949.

If you are a Settlement Class Member and you submit a timely and Valid Claim, you may be eligible to receive the following Settlement Class Member Benefits:

Cash Payment A: You may submit a timely and Valid Claim Form and provide supporting documentation that you spent money or incurred losses related to the Cyberattack for up to $10,000 per person.

Examples of documentation include (but are not limited to): (i) credit card statements; (ii) bank statements; (iii) invoices; (iv) telephone records; and (v) receipts - “self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be submitted to add clarity or support other submitted documentation. 

You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the identity protection and credit monitoring services offered as part of the notification letter provided by Defendant or otherwise.

If you submit a Claim Form for Cash Payment A and don’t submit qualifying documentation, or if your Claim is rejected by the Settlement Administrator for any reason, you will not receive a Cash Payment.

OR

Cash Payment B: Instead of selecting Cash Payment A, you may file a timely and Valid Claim with no documentation to receive a flat Cash Payment for an estimated amount of $150.

AND

Credit Monitoring: In addition to a Cash Payment, you may also select to receive up to three (3) years of three-bureau Credit Monitoring. 

Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) adjustment increase from the Net Settlement Fund if the amount of Valid Claims is insufficient to exhaust the entire net Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the amount of the net Settlement Fund, the amount of Cash Payments may be reduced pro rata accordingly.  

Unless you exclude yourself (opt-out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

Section XIII of the Settlement Agreement describes the Released Claims and the Release, in necessary legal terminology, so please read that section carefully. The Settlement Agreement is available in the Documents section of this website. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in FAQ 14 for free, or you can talk to your own lawyer at your own expense.

You must submit a timely and Valid Claim for the Settlement benefits described in Question 8. Your Claim Form must be submitted on this website by September 2, 2025, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by September 2, 2025. Claim Forms are also available in the Submit Claim section of this website or by calling (833) 420-3949 or by writing to: 

Kathryn M. Mortensen v. National Cable Communications LLC

c/o Kroll Settlement Administration LLC

P.O. Box 225391 

New York, NY 10150-5391

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

Kathryn M. Mortensen v. National Cable Communications LLC

c/o Kroll Settlement Administration LLC

P.O. Box 225391 

New York, NY 10150-5391

If you submit a timely and Valid Claim Form, Settlement Class Member Benefits will be provided after the Settlement is approved by the Court and becomes final. 

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

Yes, the Court has appointed Brian Murray of Glancy Prongay & Murray LLP and John Yanchunis of Morgan & Morgan Complex Litigation Group as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award attorneys’ fees and costs of up to 33.33% of the Settlement Fund ($91,657.50), plus reimbursement of reasonable costs. Class Counsel may also request a Service Award Payment of $2,000 to the Class Representative. If awarded by the Court, the attorneys’ fees and costs and Service Award Payment will be paid from the Settlement Fund. The Court may award less than this amount. 

Class Counsel’s Application for Attorneys’ Fees and Costs will be made available in the Documents section of this website.

To exclude yourself from the Settlement, you must mail a written opt-out request, which includes the following:

1. Your name, address, telephone number, and email address (if any); 
2. Your personal physical signature; and
3. A statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in the Ampersand Cyberattack Action.”

The opt-out request must be mailed to the Settlement Administrator at the following address, and be postmarked by August 18, 2025:

Kathryn M. Mortensen v. National Cable Communications LLC

c/o Kroll Settlement Administration LLC

P.O. Box 225391 

New York, NY 10150-5391

You cannot opt out (exclude yourself) by telephone or by email. 

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where the opt-out hasn’t been signed by each and every individual Settlement Class Member will not be allowed.

No. If you timely opt-out, you will not be entitled to receive Settlement Class Member Benefits, but you will not be bound by the Settlement or any judgment in this lawsuit. You can only get Settlement Class Member Benefits if you stay in the Settlement and submit a timely and Valid Claim.

No. Unless you timely opt-out, you give up any right to individually sue any of the Released Parties for the legal claims this Settlement resolves and Releases relating to the Cyberattack. You must opt-out of this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you object to all or any part of the Settlement and/or Application for Attorneys’ Fees and Costs. 

To object, you must send your objection to the Court, and send it by U.S. Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as Federal Express) by August 18, 2025, stating you object to the Settlement in Kathryn M. Mortensen v National Cable Communications LLC d/b/a Ampersand, Case No. 654441/2024. 

To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information: 

1. Your full name, address, telephone number, and email address (if any); 
2. All grounds for the objection, accompanied by any legal support for the objection known to you as the objector or your own lawyer;
3. The number of times you have objected to a class action settlement within the five (5) years preceding the date that you file the objection, the caption of each case in which you have made an objection, and a copy of any orders related to or ruling upon your prior objections that were issued by the trial and appellate courts in each listed case; 
4. The identity of any lawyers representing you in connection with the objection, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, and Costs; 
5. The number of times in which your lawyer or your lawyer’s law firm have objected to a class action settlement within the five (5) years preceding the date of the filed objection, the caption of each case in which your lawyer or the firm has made the objection and a copy of any orders related to or ruling upon your lawyer’s or the lawyer’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which your lawyer’s counsel and/or lawyer’s law firm have objected to a class action settlement within the preceding five (5) years; 
6. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any); 
7. A statement confirming whether you and/or your lawyer(s) intend to personally appear and/or testify at the Final Approval Hearing; and 
8. Your signature as the objector (a lawyer’s signature is not sufficient). 

To be timely, written notice of an objection including all of the information above must be sent to the Court, Class Counsel, Defendant’s Counsel, and the Settlement Administrator by August 18, 2025, at the following addresses:

If you fail to comply with the requirements for objecting as detailed above, you waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement and you will be bound by all the terms of the Settlement and by all proceedings, orders, and judgments in the lawsuit.

Objecting is simply telling the Court you do not like something about the Settlement or the requested attorneys’ fees and costs. You can object only if you stay in the Settlement Class (meaning you do not opt-out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt-out, you cannot object to the Settlement.

The Court will hold a Final Approval Hearing on September 17, 2025, at 2:15 p.m. ET at the Supreme Court of New York, County of New York, 60 Centre St, New York, NY 10007. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement and Class Counsel’s Application for Attorneys’ Fees and Costs. 

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you would like to speak at the hearing, the Court will also listen to you or your lawyer speak at the hearing, if you so request.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this website to confirm the date and time of the Final Approval Hearing has not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file a written objection by the deadline, the Court will consider it.

Yes, as long as you do not exclude yourself (opt-out) and you submit a timely written objection requesting to speak at the hearing, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself. 

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 19 above—and specifically include a statement whether you and your counsel will appear at the Final Approval Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive Settlement Class Member Benefits, and you will give up rights as explained in the “Opting-Out from the Settlement” section of this website, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement relating to the Cyberattack.

This website summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available in the Documents section of this website. You may get additional information or update your address using the Contact Us section of this website, by calling toll-free (833) 420-3949, or by writing to:

Kathryn M. Mortensen v. National Cable Communications LLC

c/o Kroll Settlement Administration LLC

P.O. Box 225391 

New York, NY 10150-5391

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK'S OFFICE REGARDING THIS NOTICE.