1. Why is there a Notice?
2. What is this lawsuit about?
3. Why is this lawsuit a class action?
4. Why is there a settlement?
5. How do I know if I am part of the Settlement?
6. What if I am not sure whether I am included in the Settlement?
7. What does the Settlement provide?
8. What payments are available under the Settlement?
9. How do I get a benefit?
10. How will claims be decided?
11. When will I get my payment?
12. What am I giving up as part of the Settlement?
13. If I exclude myself, can I get a payment from this Settlement?
14. If I do not exclude myself, can I sue Defendants for the same thing later?
15. How do I exclude myself from the Settlement?
16. How do I tell the Court that I do not like the Settlement?
17. What is the difference between objecting and asking to be excluded?
18. Do I have a lawyer in this case?
19. How will the lawyers be paid?
20. When and where will the Court decide whether to approve the Settlement?
21. Do I have to attend the hearing?
22. May I speak at the hearing?
23. What happens if I do nothing?
24. How do I get more information?
The Court authorized the Notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give “final approval” to the Settlement. The Notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.
United States District Court Judge Jacquelyn D. Austin of the District of South Carolina is overseeing this case, Hernandez, et al. v. Purpose Financial, Inc. f/k/a Advance America Cash Advance Centers, Inc., et al., No. 7:23-CV-04256-JDA . The Plaintiffs are Heather McCreedy, Scott Gibson, Kathryn Rohrer, Latoya Lindsey, Michael Smelley, Robert Durham, Stacy Lowe, Stephanie Jennings, Tirance Kennedy, Brian James, Brooke Pennington, Charles Lee Carlisle, Connie Montalvo, Don Shilling, David Turben, Dana Jones, Jose Garcia, Joseph Dodson, Howard R. Herships, John R. Wilkinson III, Jamila Hunter, Eric Speach, Juan Sanchez, Crystal Hernandez, Salvador Flores Hernandez, Kevin Ferguson, and Steven Smith. The Defendants are Purpose Financial, Inc. (formerly known as Advance America Cash Advance Centers, Inc.) and its nine subsidiary companies: Advance America, Cash Advance Centers of California, LLC; Advance America, Cash Advance Centers of Florida, LLC; Advance America, Cash Advance Centers of Indiana, Inc.; Advance America, Cash Advance Centers of Kentucky, Inc.; ACSO of Michigan, Inc.; Advance America, Cash Advance Centers of Mississippi, LLC; Advance America, Cash Centers of Nevada, Inc.; Advance America, Cash Advance Centers of Ohio, Inc.; and Advance America, Cash Advance Centers of Tennessee, Inc.
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The lawsuit claims that Defendants were responsible for a Data Incident and asserts claims such as negligence, breach of implied contract, unjust enrichment, and violations of several state laws including the California Consumer Privacy Act, the California Unfair Competition Law, the Tennessee Consumer Protection Act, the Florida Deceptive and Unfair Trade Practices Act, the Michigan Identity Theft Protection Act, and the Indiana Deceptive Consumer Sales Act. It also seeks declaratory judgment and injunctive relief.
The Defendants deny these claims and maintain they did nothing wrong. No court has determined that Defendants are liable or committed any wrongdoing.
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In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called class members. One court resolves the issues for all class members, except for those who exclude themselves from the class.
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The Court has not decided in favor of the Plaintiffs or Defendants. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to members of the Settlement Class (“Settlement Class Members”). The Plaintiffs appointed to represent the Settlement Class and the attorneys for the Settlement Class (“Class Counsel,” see Question 18) think the Settlement is best for all Settlement Class Members.
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You are affected by the Settlement and potentially a member of the Settlement Class if you reside in the United States and your Private Information was accessed or acquired or potentially accessed or acquired as a result of the Data Incident, including if you were mailed a notification regarding the Data Incident by or on behalf of Purpose Financial.
Settlement Class Members are only those persons whose name in conjunction with their Social Security number (together, “Private Information”) appeared in Defendants’ files impacted by the Data Incident.
Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are (1) the judge presiding over this Action, and members of the presiding judge’s direct family; (2) the Defendants, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants or its parents have a controlling interest and their current or former officers and directors; and (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.
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If you are not sure whether you are included in the Settlement, you may call (833) 417-4921 with questions. You may also write with questions to:
Purpose Financial Data Incident
c/o Simpluris, Inc.
P.O. Box 25226
Santa Ana, CA 92799
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The Settlement provides that Defendants will create a settlement fund of $7,750,000.00, to be used for payments on Approved Claims, of: (a) up to $5,000.00 for reimbursement of your documented Out-of-Pocket Losses reasonably traceable to the Data Incident; (b) Pro Rata Cash Payments of approximately $50.00, subject to adjustment as set forth below, and (c) Settlement Class Members who were living in California at the time of the Data Incident (California Subclass Members) may claim an additional pro rata $50.00 California Resident Cash Payment.
The $50 Pro Rata Cash Payment and $50.00 California Resident Cash Payment will be dispersed after the distribution of attorneys’ fees, Class Counsel’s litigation expenses, Notice and Administrative Expenses, Service Awards, and Approved Claims for Out-of-Pocket Losses. The other Settlement benefits are also subject to pro rata reduction as needed in the event that the total claims exceed the $7,750,000.00 cap on payments to be made by Defendants, and Pro Rata Cash Payments may also be increased on a pro rata basis until the Settlement Fund is distributed. Payment of (1) attorneys’ fees, costs, and expenses, and service awards (see Question 19) and (2) the costs of notifying potential members of the Settlement Class and administering the Settlement will also be paid out of the Settlement Fund.
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Settlement Class Members who submit a claim are eligible to receive one or more of the following benefits:
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To receive a benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”) available online here. You can download a paper Claim Form here, or receive a Claim Form by mail by calling (833) 417-4921. Read the instructions carefully, fill out the Claim Form, provide any required documentation, and submit it according to the instructions on the Claim Form.
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The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner then the Claim will be considered invalid and will not be approved or paid.
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The Court will hold a Final Approval Hearing on March 17, 2026, at 10:00 a.m. to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed. Please be patient.
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The Defendants get a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendants and other persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Incident. This release is described in the Settlement Agreement. If you have any questions you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer.
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If you do not want to be part of this Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class.
No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.
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No. Unless you exclude yourself, you give up any right to sue Defendants (and any other Released Parties) for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you want to exclude yourself, then do not submit a Claim Form asking for any benefit under the Settlement.
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To exclude yourself, send a letter that says you want to be excluded or opt-out from the Settlement in Hernandez, et al. v. Purpose Financial, Inc. f/k/a Advance America Cash Advance Centers, Inc., et al., No. 7:23-CV-04256-JDA (D.S.C.). The letter must: (1) state your full name, current address, and telephone number; (2) provide the last four digits of your Social Security number; (3) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (4) state unequivocally your intent to be excluded from the Settlement. You must mail your exclusion request postmarked by January 2, 2026, to:
Purpose Financial Data Incident
c/o Simpluris, Inc.
Attn: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799
Requests for Exclusion must be submitted individually and cannot be made on behalf of a group of Settlement Class Members.
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You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision on whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, you must mail your objection to the Clerk of the Court and the Settlement Administrator, at the mailing addresses listed below, postmarked by no later than the Objection Deadline, January 2, 2026:
Court | Settlement Administrator |
Clerk of the Court | Purpose Financial Data Incident |
Your objection must be written and must include all of the following: (1) the name of the proceedings; (2) the Settlement Class Member’s full name, current mailing address, and telephone number; (3) last four digits of Social Security number to confirm a member of the Settlement Class (last 4 of SSN may be redacted from public filings); (4) a statement of the specific grounds for the objection, as well as any documents supporting the objection; (5) the identity of any attorneys representing the objector; (6) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (7) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous five (5) years; and (8) the signature of the Settlement Class Member or the Settlement Class Member’s attorney. Objections must be submitted individually and cannot be made on behalf of a group of Settlement Class Members.
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Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the Settlement. If you exclude yourself, then you have no basis to object because you are no longer a member of the Settlement Class, and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.
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Yes. The Court appointed Patrick A. Barthle II of Morgan & Morgan Complex Litigation Group; Terence R. Coates of Markovits Stock & DeMarco, LLC; and Gary M. Klinger of Milberg Bryson Phillips Grossman PLLC as Class Counsel to represent the Settlement Class. If you want to be represented by your own lawyer, then you may hire one at your own expense.
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Class Counsel will ask the Court for an award for attorneys’ fees up to $2,583,333.33, plus litigation expenses not to exceed $75,000. This payment for any attorneys’ fees and expenses to Class Counsel will be made out of the Settlement Fund. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis. Class Counsel will also request a Service Award of up to $3,000 for each named Plaintiff. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Class Representative. The Court may award less than the amounts requested.
Class Counsel’s papers in support of final approval of the Settlement will be filed no later than January 20, 2026, and their application for attorneys’ fees, costs, and expenses will be filed no later than December 18, 2025, and will be posted on the Important Documents page.
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The Court will hold a Final Approval Hearing at 10:00 a.m. ET on March 17, 2026, at the Carroll A. Campbell Jr. U.S. Courthouse, 250 East North Street, Greenville, South Carolina 29601, Courtroom #6200 or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommend checking the Important Dates page or calling (833) 417-4921.
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No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16 , the Court will consider it.
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You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 16 , including all the information required. Your objection must be mailed to the Clerk of the Court and Settlement Administrator postmarked no later than January 2, 2026.
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If you do nothing you will not get any money from this Settlement. If the Settlement is granted final approval and the judgment becomes final, then Settlement Class Members will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants and the other Released Parties based on any of the Released Claims related to the Data Incident, ever again.
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This website summarizes the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available on the Important Documents page. You may also call the Settlement Administrator with questions or to receive a Claim Form at (833) 417-4921.
The Notice is approved by the United States District Court for the District of South Carolina. Do not contact the Court directly if you have questions about the Settlement. Please contact the Settlement Administrator or Class Counsel if you have any questions about the Settlement.
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