Frequently Asked Questions

Basic Information

1. Why is the Notice being provided?

The Notice explains that a settlement was reached in a class action lawsuit called Amanda Arreola, et al v. Benworth Capital Partners LLC, Case No. CACE-26-012064, Circuit Court of Broward County, Florida being handled by Judge Martin J. Bidwell.

The individuals who filed this lawsuit are called the “Plaintiffs” or “Class Representatives” and the company they filed a lawsuit against, Benworth Capital Partners LLC, is called the “Defendant.” Defendant denies it did anything wrong. The Court has not decided who is right or wrong. Instead, the Plaintiffs and Defendant have agreed to a settlement for the class action lawsuit.

2. What is the Settlement about?

A class action settlement was reached in a class action lawsuit for a Data Incident involving Defendant. On or about May 18, 2025, a Data Incident involving Defendant resulted in the unauthorized access to or acquisition of Settlement Class Members’ Private Information collected by Defendant, including names, addresses, Social Security numbers, telephone numbers, and loan account information.

3. Why is this lawsuit a class action?

In a class action, one or more people (called “Class Representatives”) file a lawsuit for others who have the same legal claims. Together, these people are called a “Class” or “Class Members.” One court resolves the issues for all class members, except for those class members who opt out of the class by the deadline.

Settlement Class

4. How do I know if I am included in the Settlement Class?

You are a member of the Settlement Class if you are a living individual residing in the United States who was sent notice by Defendant that your Private Information may have been impacted in the Data Incident.

5. Are there exceptions to being included in the Settlement Class?

Yes, the Settlement Class excludes: (a) all persons who are directors, officers, and agents of Defendant; (b) governmental entities; and (c) the Judge assigned to the lawsuit, that Judge’s immediate family, and Court staff; (d) any Settlement Class Member who properly opts out of the Settlement; and (e) Joseph Boggan.

6. What if I am still not sure if I am member of the Settlement Class?

If you are still not sure if you are a member of the Settlement Class, you may call toll-free (833) 360-6904 or email the Settlement Administrator at info@BenworthDataSettlement.com for more information.

Settlement Class Member Benefits

7. What does the Settlement provide?

Defendant has agreed to provide Settlement Class Member Benefits to members of the Settlement Class. You must submit a Claim before the deadline and your Claim must be considered valid to receive a cash payment. You do not need to submit a Claim to receive Credit Monitoring.

8. What can I get from the Settlement?

If you are a member of the Settlement Class, you may be eligible for the following Settlement Class Member Benefits

Cash Payment Option 1 – Documented Losses: Up to $5,000.00 for reasonable documented losses fairly traceable to the Data Incident. You must provide documentation of your losses with your Claim.

OR

Cash Payment Option 2 – Alternative Cash: An estimated cash payment of $50.00. You do not need to provide documentation of your losses with your Claim.

Credit Monitoring: Without submitting a Claim, you will automatically receive one year of free Credit Monitoring. The Credit Monitoring activation code will be provided on your Settlement Notice, and can be activated after final settlement approval.

Cash Payment Option 1 – Documented Losses – Additional Details:

• Examples of Documented Losses include (but are not limited to) unreimbursed losses relating to actual fraud or identity theft: if (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Data Incident; and (iii) the loss was incurred after the date of the Data Incident.

• Examples of reasonable documentation include, but are not limited to: telephone records, correspondence including emails, or receipts. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to clarify 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 payment provided in connection with any credit monitoring and identity theft protection product.

• If you do not submit reasonable documentation supporting your loss, or if the Settlement Administrator determines your Claim is incomplete, and you do not fix your Claim, your Claim will be denied.

Credit Monitoring – Additional Details:

• Without submitting a Claim, you will receive an activation code for one year of free Credit Monitoring services. Credit Monitoring activation codes are located on your Settlement Notice.

• Please keep your notice, as you will only be able to activate the free Credit Monitoring after final settlement approval.

• After final approval, you need to go to https://app.financialshield.com/enrollment/activate/Benworth to activate your Credit Monitoring code.

Submit a Claim

9. How do I submit a Claim?

You can submit a Claim online here or you may download a copy here and submit it by mail. A Claim Form is also available by writing to the address for mailing your Claim at:

Benworth Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

Complete and submit your Claim either online by December 21, 2026 or by mail, postmarked by December 21, 2026.

10. What happens if my contact information changes?

If your mailing address or email address changes, please send your new contact information in writing to:

Benworth Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

11. When will I receive Settlement Class Member Benefits?

Settlement Class Member Benefits will be provided after the Settlement is approved by the Court. This may take time. You will only be able to activate the free Credit Monitoring after final settlement approval. Please check this website for updates.

Release

12. What am I giving up to receive Settlement Class Member Benefits or stay 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. This means you will not be able to continue or be part of any other lawsuit against the Released Parties about the Released Claims in this lawsuit. A release means you are giving up your right to be part of a different lawsuit against the Released Parties for the legal issues covered by the Settlement.

Section XI of the Settlement Agreement describes the Releases in necessary legal terminology, so please read that information The Settlement Agreement is available here. If you have questions about the Releases and what the language in the Settlement Agreement means, you can contact Class Counsel listed in Question 18, or you can talk to your own lawyer at your own cost.

Opt Out of the Settlement Class

13. What happens if I opt out of the Settlement Class?

You may opt out of the Settlement Class and the Court will exclude you. If you do not want to be included in the Settlement Class, you must opt out.

If you opt out:

• You will not receive any benefits from the Settlement, including no cash payment.
• You cannot object to the Settlement; and
• The Settlement and any judgments will not apply to you. You will keep your legal right to be part of another lawsuit about the legal claims against the Released Parties involved in the Settlement.

14. How do I opt out of the Settlement Class?

To opt out of the Settlement Class, you must mail a written request and include the following information:

1. Your name, address, telephone number, and email address;
2. Your personal signature; and
3. A statement that you want to opt out of the Settlement Class, such as “I want to opt out of the Settlement Class in Amanda Arreola, et al v. Benworth Capital Partners, Case No. CACE-26-012064, Circuit Court of Broward County, Florida.”

Your opt out must be postmarked by December 4, 2026, and mailed to:

Benworth Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

You cannot opt out of the Settlement Class by telephone or by email.

15. If I opt out of the Settlement Class, will I get anything from the Settlement?

No. If you opt out of the Settlement Class, you will not receive anything from the Settlement. The Settlement will not apply to you, and you will not be bound by it or any judgments. If you want to receive Settlement Class Member Benefits, do not opt out of the Settlement Class.

16. If I opt out of the Settlement by mistake, can I still submit a Claim?

Yes. You may submit a Claim. Please contact the Settlement Administrator to confirm that you want to withdraw your request to opt out and you want to submit a Claim. If you do not withdraw your request to opt out, you will be excluded and will not receive any Settlement Class Member Benefits.

17. If I do not opt out of the Settlement Class, can I file a lawsuit for the same thing later?

No. You will give up your right to be part of a lawsuit against the Defendant and Released Parties for the legal claims involved in this Settlement. You will be bound by the Settlement, orders, and judgments in the lawsuit.

Object to the Settlement

18. How do I tell the Court I do not like the Settlement?

As a member of the Settlement Class, you can file an objection to tell the Court you do not like any part of the Settlement. The Court can only approve or deny the current Settlement. If the Court does not approve the Settlement no Settlement Class Member Benefits will be provided.

To object, you must file a written objection with the Court. Your objection must state that you object to the Settlement in Amanda Arreola, et al v. Benworth Capital Partners, Case No. CACE-26-012064, and must include the following information:

1. The case name and number - Amanda Arreola, et al v. Benworth Capital Partners, Case No. CACE-26-012064;
2. Your full name, mailing address, telephone number, and email address;
3. The reasons for your objection, and any legal support for your objection from you or your lawyer;
4. If your objection applies to you only, part of the Settlement Class, or the entire Settlement Class;
5. The number of times you have filed an objection to a class action settlement within the last five (5) years, and the lawsuit name, case number, and court for each lawsuit. Also, provide a copy of all court decisions from a trial and/or appeals court for your prior objections;
6. The name of all lawyers hired to represent you for the objection (if any). This includes any former or current lawyers who may be paid for any reason regarding your objection. Also, include if the lawyers will appear at the Final Approval Hearing;
7. The number of times your lawyer or their law firm has objected to a class action settlement within the last five (5) years. List the lawsuit name, case number, and court for each lawsuit. Also, provide a copy of all court decisions for these objections from a trial and/or appeals court;
8. A list of all people who will be asked to testify at the Final Approval Hearing for your objection (if any);
9. A statement confirming if you plan to personally appear and/or testify at the Final Approval Hearing;
10. Whether you or your lawyer used any form of Artificial Intelligence (AI) to prepare your objection; and
11. Your signature as the objector. A lawyer’s signature is not adequate.

To object, you must file a written objection with the Court so it is received by December 4, 2026. You must also send your objection to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by December 4, 2026, via US Mail or shipped by private courier (such as Fed Ex or UPS) to:

Class Counsel and/or Defendant’s Counsel may conduct limited discovery (a legal process lawyers use to gather information) for any objector or their lawyer.

Opt Outs & Objections

19. What is the difference between opting out of the Settlement Class or objecting to the Settlement?

Opting out is telling the Court you do not want to be in the Settlement Class. If you opt out of the Settlement Class, you cannot object or submit a Claim because you are no longer part of the Settlement Class, and the Settlement does not apply to you.

Objecting is telling the Court you do not like something about the Settlement. You can object only if you stay in the Settlement Class and you do not opt out of the Settlement Class. If you object, you can submit a Claim because you are still part of the Settlement Class.

Postmark Deadlines

20. What do I need to know about postmark deadlines?

Please note that per the United States Postal Service, mail may not be postmarked the day it is put in a mailbox or dropped off at a local post office. Postmarks occur when mail reaches a processing facility. To meet a postmark deadline, it is recommended that you mail at least a week prior to a postmark deadline, get a manual postmark in-person at any post office, or send via Certified Mail.

Do Nothing

21. What happens if I do nothing?

If you do nothing, you will stay in the Settlement Class, the Settlement will apply to you, and you will be legally bound by the Court’s orders and judgments. You must submit a Claim to receive a cash payment. If you are a Settlement Class Member, you will automatically receive your Credit Monitoring activation code.

Class Counsel

22. As a member of the Settlement Class, do I have a lawyer in the lawsuit?

Yes. For a class action lawsuit, a judge selects lawyers called “Class Counsel” to handle the lawsuit for all class members. For this lawsuit, the Court selected lawyers Jeff Ostrow of Kopelowitz Ostrow P.A. and Mariya Weekes of Milberg PLLC as Class Counsel.

You may hire your own lawyer at your own cost if you want a lawyer other than Class Counsel to represent you in this lawsuit.

23. How will Class Counsel be paid?

Class Counsel will ask the Court for attorneys’ fees and costs up to $750,000.00 and Service Awards for the Class Representatives up to $2,000.00 each. If awarded by the Court, these requested amounts will be paid by the Defendant. The Court may award less than these amounts.

Final Approval Hearing

24. When is the Final Approval Hearing?

When: January 5, 2027, at 8:45 a.m. EST
Where: 201 SE 6th Street, Courtroom WW16175, Fort Lauderdale, FL 33301

Join Zoom Meeting: https://17thflcourts.zoom.us/j/232523414
Meeting ID: 232 523 414

The date and time of the hearing may change without further notice. You should check this website to confirm the date and time of the hearing. The Court may decide to hold the hearing by video or telephone.

At the Final Approval Hearing, the Court will decide whether to approve the Settlement, Class Counsel’s attorneys’ fees and costs, Service Awards, and any objections.

Settlement Class Member Benefits will be provided only if the Court approves the Settlement.

25. Do I have to attend the Final Approval Hearing?

No. Class Counsel will answer any questions from the judge. You may attend the hearing at your own expense, but you do not have to attend. If you file an objection, you do not have to attend the hearing to speak about it. If your objection is filed by the deadline, the Court will consider it.

26. May I speak at the Final Approval Hearing?

You or your lawyer may ask to appear at the hearing, but it is not required. If you file an objection by the deadline, the Court may listen to your objection at the hearing.

Get More Information

27. How do I get more information?

This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page. If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:

Benworth Settlement
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@BenworthDataSettlement.com
Call toll free, 24/7: (833) 360-6904

Do not contact the Court or Clerk of Court regarding this Settlement.