1. Why is the Notice being provided?
2. What is this lawsuit about?
3. Why is the lawsuit a class action?
4. Why is there a settlement?
5. How do I know if I am part of the settlement?
6. Are there exceptions to being included in the settlement?
7. What if I am not sure whether I am part of the settlement?
8. What does the settlement provide?
9. What may cause settlement benefits to increase or decrease?
10. How do I submit a claim for reimbursement of Out-of-Pocket Expenses, Documented Extraordinary Losses, and Attested Time Spent? Monitoring, or Alterative Cash Payment?
11. What am I giving up to receive Settlement benefits or stay in the Settlement Class?
12. What are the Released Claims?
13. How do I make a claim for Settlement Benefits?
14. What happens if my contact information changes after I submit a claim?
15. When will I receive my Settlement benefits?
16. Do I have a lawyer in this case?
17. How will Class Counsel be paid?
18. How do I get out of the Settlement?
19. If I opt out, can I get anything from the Settlement?
20. If I do not opt out, can I sue the Defendant for the same thing later?
21. How do I tell the Court that I do not like the Settlement?
22. What is the difference between objecting and asking to opt out?
23. When and where will the Court decide whether to approve the Settlement?
24. Do I have to attend the Final Fairness Hearing?
25. May I speak at the Final Fairness Hearing?
26. What happens if I do nothing at all?
27. How do I get more information?
A federal court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.
The Honorable Thomas P. Barber of the United States District Court for the Middle District of Florida, Tampa Division, is overseeing this class action. The case is known as Berry v. Refresco Beverages US Inc., Case No. 8:23-cv-2763-SPF (the “Litigation”). The person who filed this lawsuit is called the “Plaintiff” or “Representative Plaintiff” and the company sued, Refresco Beverages US Inc., is called “Refresco” or the “Defendant.”
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The Plaintiff alleges that in or around March 2023, an unauthorized criminal gained unauthorized access to Refresco’s computer network (the “Incident”), which potentially resulted in unauthorized access to the names, dates of birth, Social Security numbers, street addresses, financial account numbers, driver’s license numbers, health insurance policy numbers, and certain health information as provided in connection with workers’ compensation and/or ADA accommodations proceedings of Settlement Class Members.
The Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing, or that any law has been violated. The Defendant denies these, and all other claims made in the Litigation. By entering into the Settlement, the Defendant is not admitting any wrongdoing.
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In a class action, the Representative Plaintiff sues on behalf of all people who have similar claims. Together, once a proposed settlement has been agreed to, all these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves (opt out) from the Settlement Class.
The Representative Plaintiff in this case is John Berry.
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Plaintiff and Defendant do not agree about the claims made in this Litigation. The Litigation has not gone to trial, and the Court has not decided in favor of the Plaintiff or the Defendant. Instead, Plaintiff and Defendant have agreed to settle the Litigation. Plaintiff and the attorneys for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the Settlement benefits and the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendant.
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You are a Settlement Class Member if you received a notice letter in November 2023 notifying you that your Private Information was potentially compromised in the Incident that occurred in or around March 2023.
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Yes. Excluded from the Settlement Class are (1) Defendant and its respective officers and directors; (2) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (3) the Judge assigned to evaluate the fairness of the settlement; and (4) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, abiding or abetting the criminal activity causing the occurrence of the Incident or who pleads nolo contendere (a legal term that means “I do not wish to contend”) to any such charge.
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If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator’s toll-free number at (844) 496-0920.
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If you are a Settlement Class Member, you may be able to recover the following Claimed Benefits as part of the Settlement:
Out-of-Pocket Expenses
Settlement Class Members who submit a valid and timely Claim Form are eligible to receive reimbursement of up to $500.00 per Settlement Class Member for their Out-of-Pocket Expenses that are reasonably traceable to the Incident. These Documented Ordinary Losses include: (i) unreimbursed bank fees (such as card replacement and over-limit fees); (ii) interest on short-term loans; (iii) long distance phone charges, including cell phone charges (only if charged by the minute); (iv) postage charges; (v) gasoline for local travel; or (vi) unreimbursed expenses incurred for credit reports, credit freezes, credit monitoring, or other identity theft insurance product purchases after the Incident. You must submit documentation of the Out-of-Pocket Expenses as part of Claim. This may include receipts or other documentation and may not be “self-prepared.” “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation.
Compensation Attested Time Spent
Settlement Class Members who spent time remedying issues related to the Incident can receive reimbursement for up to five (5) hours of lost time at a rate of $20 per hour with an attestation that they spent the claimed time responding to issues raised by the Incident, including but not limited to: (i) changing passwords on potentially impacted accounts; (ii) monitoring for or investigating suspicious activity on potentially impacted medical, financial, or other accounts; (iii) contacting a medical provider or financial institution to discuss suspicious activity; (iv) signing up for identity theft or fraud monitoring; or (v) researching information about the Incident, its impact, or how to protect themselves from harm due to the Incident. No additional documentation shall be required for members of the Settlement Class to receive compensation for Attested Time Spent.
Documented Extraordinary Loss Payment
Settlement Class Members are eligible for compensation for Extraordinary Losses (that are beyond the Out-of-Pocket Expenses claimed above) resulting from the Incident, up to a maximum of $5,000.00, upon submission of a valid Claim Form and supporting documentation, provided that: (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Incident; (iii) the loss occurred between March 2023 and the Claims Deadline; (iv) the loss is not already covered by one or more of the normal reimbursement categories; (v) the claimant made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring insurance and identity theft insurance. Extraordinary Losses may include, without limitation, the unreimbursed costs, expenses, losses, or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of Private Information. To receive reimbursement for any Documented Extraordinary Loss, Settlement Class Members must submit supporting documentation of the loss and a description of how the loss is fairly traceable to the Incident.
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In the event that more than 10% of the Settlement is unclaimed after all claimed Documented Extraordinary Loss Payments, Out-of-Pocket Expenses, and Attested Time Spent are allocated to Class Members who have submitted valid claims, the remaining Post DL/OOP Net Settlement Fund shall be reallocated on a pro-rata basis to all Class Members who have submitted valid claims for Attested Time Spent such that no more than 10% of the Post DL/OOP Net Settlement Fund shall remain for cy pres distribution.
In the event that the aggregate amount of all Out-of-Pocket Expenses, Documented Extraordinary Loss Payments, and Attested Time Spent Payments exceeds the total amount of the Net Settlement Fund, then the value of the Out-of-Pocket Expenses, Documented Extraordinary Loss Payments, and Attested Time Spent Payments to be paid to each Class Member shall be reduced, on a pro-rata basis, such that the aggregate value of all Documented Loss Payments does not exceed the Net Settlement Fund.
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Settlement Class Members seeking reimbursement for Out-of-Pocket Expenses, Documented Extraordinary Losses, or Attested Time Spent must complete and submit a Claim Form to the Claims Administrator. Claim Forms can be submitted online here or a copy can be downloaded here and sent by mail to Refresco Beverages Data Breach, c/o Settlement Administrator, P.O. Box 25226 Santa Ana, CA 92799. Claim Forms must be submitted online or postmarked by December 4, 2025.
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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 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 Defendant and Released Parties about the legal issues in this Litigation that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”
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The Settlement Agreement in Sections 8, 1.25 and 1.26 describes the Release, Released Claims, and Released Parties in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here or in the public Court records on file in this lawsuit. For questions regarding the Releases or Released Claims and what the language in the Settlement Agreement means, you can also contact one of the lawyers listed in FAQ 16 for free, or you can talk to your own lawyer at your own expense.
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To submit a claim for reimbursement for Out-of-Pocket Expenses, a Documented Extraordinary Loss Payment, or Attested Time Spent, you musttimely submit a valid Claim Form. Settlement Class Members seeking benefits under the Settlement must complete and submit a Claim Form to the Settlement Administrator, postmarked or submitted online on or before December 4, 2025. Claim Forms may be submitted online here or downloaded and printed here and mailed to the Settlement Administrator at the address on the form. The quickest way to submit a claim is online. Claim Forms are also available by calling (844) 496-0920 or by writing to:
Refresco Beverages Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@RefrescoDataBreach.com
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If you change your mailing 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 calling (844) 496-0920 or by writing to:
Refresco Beverages Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@RefrescoDataBreach.com
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If you file a timely and valid Claim Form, payment will be provided by the Settlement Administrator 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.
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Yes, the Court has appointed attorneys Nicholas A. Migliaccio, Jason S. Rathod, and Saran Q. Edwards of Migliaccio & Rathod LLP, and Scott D. Hirsch of the Scott Hirsch Law Group PLLC 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 litigation.
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Class Counsel will file a motion asking the Court to award attorneys’ fees and costs not to exceed One-third of the $650,000.00 Settlement Fund, or approximately $216,666.67. If awarded by the Court, attorneys’ fees and costs will be paid out of the Settlement Fund. The Court may award less than this amount. Class Counsel’s application for attorneys’ fees and costs will be made available on this Settlement website before the deadline for you to comment, or object to the Settlement.
If you are a Settlement Class Member and want to keep any right you may have to sue or continue to sue the Defendant on your own based on the claims raised in this Litigation or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from or “opting out” of the Settlement.
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To opt out of the Settlement, you must mail or submit online here, a notice of your intent to opt out. The notice must be signed, include your name and address, and clearly state that you wish to be excluded from the Settlement Class.
If you opt-out online, the request must be submitted by November 4, 2025. If you opt-out via mail, the request must be postmarked and sent to the Settlement Administrator at the following address by November 4, 2025:
Refresco Beverages Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You cannot exclude yourself by telephone or by email.
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No. If you opt out, you give up any right to make a claim for any of the benefits made available as part of the Settlement Agreement. You will retain your right to sue the Defendant for the claims asserted in the Litigation or related to the Incident.
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No. Unless you opt out, you give up any right to sue the Defendant and Released Parties for the claims this Settlement resolves and Releases relating to the Incident and claims in the litigation. You must opt out of this Litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.
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If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement or requested attorneys’ fees and costs. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees and costs. To object, you must file timely written notice as provided below no later than November 4, 2025, stating you object to the Settlement. The objection must include all the following additional information:
The objector’s full name, address, telephone number, and email address (if any);
The case name and docket number, Berry v. Refresco Beverages US Inc., Case No. 8:23-cv-2763-SPF;
Information identifying the Settlement Class Member, including proof that he or she is a member of the Settlement Class (e.g., copy of your settlement notice, copy of original notice of the Incident, or a statement explaining why you believe you are a Settlement Class Member);
A clear and detailed written statement that identifies the basis of the specific objection that the Settlement Class Member asserts
The identity of any and all counsel representing the objector;
A statement whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel;
A list of proceedings in which You have submitted an objection to a class action settlement during the past five years; and
The objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any).
To be timely, written notice of an objection in the appropriate form containing the case name and docket number (Berry v. Refresco Beverages US Inc., Case No. 8:23-cv-2763-SPF) must be filed with the Settlement Administrator by November 4, 2025, and sent to:
Refresco Beverages Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Any Settlement Class Member who fails to comply with the requirements for objecting in Section 6 of the Settlement Agreement waives and forfeits any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation.
The objector or his or her counsel may also file Objections with the Court through the Court’s Electronic-Claims-Filing system, with service on Proposed Settlement Class Counsel and Defendant’s Counsel made through the Electronic-Claims-Filing system.
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Objecting is simply telling the Court you do not like something about the Settlement or 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.
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The Court will hold a Final Fairness Hearing on December 16, 2025 at 10:00 a.m. before Judge Sean P. Flynn at the United States District Court for the District of Middle Florida, Tampa Division, Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Courtroom 11B, Tampa, Florida 33602.
At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, and Class Counsels’ application for attorneys’ fees, costs and expenses. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.
Note: The date and time of the Final Fairness Hearing are subject to change. The Court may also decide to hold the hearing via Zoom or by phone. Any change will be posted this website.
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No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to speak about it. As long as you file or mail your written objection on time, the Court will consider it.
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Yes, as long as you do not exclude yourself (opt out), you can (but do not have to) participate and speak for yourself in this Litigation and Settlement. 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 (at your own expense) 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 Question 21 above—and specifically include a statement whether you and your counsel will appear at the Final Fairness Hearing.
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If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits. You will give up the rights explained in Settlement Agreement, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant, the Related Entities, or any of the Released Persons about the legal issues in this Litigation that are released by the Settlement Agreement relating to the Incident.
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This website and the Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page, by calling (844) 496-0920, or by writing to:
Refresco Beverages Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@RefrescoDataBreach.com
Please do not telephone the Court or the Court Clerk’s office regarding the Settlement
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