Frequently Asked Questions
- Why is a notice being provided?
- What is this lawsuit about?
- Why is there a settlement?
- Why is this lawsuit a class action?
- How do I know if I am included in this Settlement Class?
- Are there exceptions to being included in this Settlement?
- What if I am still not sure whether I am part of the Settlement Class?
- What does this Settlement provide?
- What am I giving up to receive Settlement Class Member Benefits or to stay in the Settlement?
- What are the Released Claims?
- How do I submit a Claim Form?
- What happens if my contact information changes after I submit a Claim Form?
- When will I receive my Settlement Class Member Benefits?
- How do I opt out of the Settlement?
- If I opt out can I still get anything from the Settlement?
- If I do not opt out, can I sue the Defendant for the same thing later?
- How do I tell the Court I do not like the Settlement?
- What is the difference between objecting and asking to be excluded?
- Do I have a lawyer in this lawsuit?
- How will Class Counsel be paid?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- How do I get more information about the Settlement?
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Why is a notice being provided?
A court authorized a notice to the class 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 to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what Settlement Class Member Benefits are available, who is eligible for the Settlement Class Member Benefits, and how to get them.
The Honorable Diane J. Humetewa of the United States District Court for the District of Arizona is overseeing this class action. The lawsuit is known Voelker, et al. v. Enroll Confidently Inc., Case No. 2:24-cv-01886 (D. Ariz.) (“lawsuit”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, Enroll Confidently Inc., is called the “Defendant.”
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What is this lawsuit about?
The Plaintiffs filed this lawsuit against the Defendant on behalf of themselves and all others similarly situated related to a Data Incident involving the Defendant.
Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendant, or that any law has been violated. Instead, the Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.
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Why is there a settlement?
The Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendant. Instead, the Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for the Settlement Class because of the Settlement Class Member Benefits available and the risks and uncertainty associated with continuing the lawsuit.
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Why is this lawsuit a class action?
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.
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How do I know if I am included in this Settlement Class?
You are included in the Settlement Class if you are a living individual residing in the United States and was sent a notice by Defendant that your Private Information may have been impacted in the Data Incident.
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Are there exceptions to being included in this Settlement?
Yes. Excluded from the Settlement Class are (a) all persons who are employees, 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.
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What if I am still not sure whether I am part of the Settlement Class?
If you are still not sure whether you are a Settlement Class Member, you may write to the Settlement Administrator at the following address:
Enroll Confidently Data Incident
Settlement Administrator
P.O. Box 5159
Portland, OR 97208-5159
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What does this Settlement provide?
If you are a Settlement Class Member, you can submit a Claim Form for the following Settlement Class Member Benefits:
Cash Payment A – Documented Losses
You may submit a Claim Form with reasonable documentation for losses related to the Data Incident for up to $3,500 per Settlement Class Member.
Examples of expenses incurred as a result of the Data Incident include (but are not limited to) unreimbursed losses relating to fraud or identity theft, costs associated with freezing or unfreezing credit with any credit reporting agency, and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.
Examples of reasonable documentation include (but are not limited to) telephone records, correspondence including emails, or receipts. Personal certifications, declarations, or affidavits from the Settlement Class Member do not constitute reasonable documentation but may be included to provide clarification, context, or support for other submitted reasonable documentation.
Your reasonable documentation must show (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.
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 do not submit reasonable documentation supporting a loss, or if your Claim Form is invalid as determined by the Settlement Administrator, and you do not cure your Claim Form, your Claim Form will be denied.
Cash Payment B – Alternate Cash
Instead of selecting Cash Payment A, without providing documentation, you may submit a Claim Form to receive a flat Cash Payment in the estimated amount of $100.
Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) increase if the amount of Valid Claims does not use the entire net Settlement Fund. Alternatively, if the amount of Valid Claims exceeds the amount of the Settlement Fund (after payment of Settlement Administration Costs, and any Court-awarded attorneys' fees, costs, and Service Awards), your Cash Payment may be subject to a pro rata reduction.
Any pro rata increases or decreases to Cash Payments will be on an equal percentage basis.
Credit Monitoring
In addition to Cash Payment A or Cash Payment B, you may also submit a Claim Form to receive one year of free Credit Monitoring with three credit bureaus.
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What am I giving up to receive Settlement Class Member Benefits or to stay in the Settlement?
Unless you exclude yourself (opt out), you will 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 Released Claims in this lawsuit. The specific rights you are giving up are called “Released Claims.”
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What are the Released Claims?
Section XII of the Settlement Agreement describes the Releases, Released Claims, and Released Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here. For questions regarding the Releases, Released Claims, or Released Parties and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in FAQ 19 for free, or you can talk to your own lawyer at your own expense.
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How do I submit a Claim Form?
You must submit a timely and valid Claim Form to receive any Settlement Class Member Benefits as described above. Your Claim Form must be submitted online here by July 22, 2026 by 11:59 p.m. Eastern time, or mailed to the Settlement Administrator at the address below and on the Claim Form, postmarked by July 22, 2026. Paper Claim Forms are available for download here, or by calling 1-888-854-4954 or by writing to:
Enroll Confidently Data Incident
Settlement Administrator
P.O. Box 5159
Portland, OR 97208-5159
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What happens if my contact information changes after I submit a Claim Form?
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:
Enroll Confidently Data Incident
Settlement Administrator
P.O. Box 5159
Portland, OR 97208-5159
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When will I receive my Settlement Class Member Benefits?
If you file a timely and valid Claim Form, the 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 back on this website for updates.
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How do I opt out of the Settlement?
To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:
1) Your name, address, telephone number, and email address (if any)
2) Your personal physical signature
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 Enroll Confidently Data Incident.”
The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by July 7, 2026:
Enroll Confidently Data Incident
Settlement Administrator
P.O. Box 5159
Portland, OR 97208-5159
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 has not been signed by each and every individual Settlement Class Member will not be allowed.
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If I opt out can I still get anything from the Settlement?
No. If you opt out, you will not be able to receive Settlement Class Member Benefits, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement Class Member Benefits if you stay in the Settlement and submit a timely and valid Claim Form.
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If I do not opt out, can I sue the Defendant for the same thing later?
No. Unless you opt out, you give up any right to sue any of the Released Parties for the legal claims this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement, proceedings, orders, and judgments in the lawsuit. You must opt out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Released Parties about the Released Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.
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How do I tell the Court I do not like the Settlement?
If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or Application for Attorneys’ Fees, Costs and Service Awards.
To object, you must file your timely written objection with the Court as provided below by July 7, 2026, and send by First Class Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as FedEx) by July 7, 2026, stating you object to the Settlement in Voelker, et al. v. Enroll Confidently Inc., Case No. 2:24-cv-01886.
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, mailing 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 such 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 all lawyers who represent you as the objector, including any former or current lawyers who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards and whether they will appear at the Final Approval Hearing
5) The number of times 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 such 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
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 intend to personally appear and/or testify at the Final Approval Hearing
8) Your signature as the objector (a lawyer’s signature is not sufficient)
Class Counsel and/or Defendant’s Counsel may conduct limited discovery on any objector or objector’s lawyer.
To object, you must file your timely written objection with the Court by July 7, 2026, and send it by First Class Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as FedEx) by July 7, 2026, at the following addresses:
Back To TopCourt Class Counsel Defendant’s Counsel Settlement Administrator U.S. District Court District of Arizona
401 West Washington St.
Phoenix, AZ 85003Jeff Ostrow
Kopelowitz Ostrow P.A.
1 West Las Olas Blvd.
5th Floor
Fort Lauderdale, FL 33301
Gary Klinger
Milberg Coleman Bryson
Phillips & Grossman PLLC
227 Monroe Street
Suite 2100
Chicago, IL 60606
Raina Borrelli
Strauss Borrelli PLLC
980 N. Michigan Avenue
Suite 1610
Chicago, IL 60611
Andrew Shamis
Shamis & Gentile, P.A.
14 NE 1st Ave
Suite 705
Miami, FL 33132Simone McCormick
Pierson Ferdinand LLC
4207 SE Woodstock Blvd.
Suite 187
Portland, OR 97206Enroll Confidently Data Incident
Settlement Administrator
P.O. Box 5159
Portland, OR 97208-5159 -
What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting out is telling the Court that you do not want to be part of the Settlement Class. If you opt out, you cannot object because you are no longer part of the Settlement.
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Do I have a lawyer in this lawsuit?
Yes. The Court has appointed Jeff Ostrow of Kopelowitz Ostrow P.A., Gary M. Klinger of Milberg Coleman Bryson Phillips & Grossman, PLLC, Raina C. Borrelli of Strauss Borrelli PLLC, and Andrew Shamis of Shamis & Gentile, P.A. 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 if you want someone other than Class Counsel to represent you in this lawsuit.
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How will Class Counsel be paid?
Class Counsel will file a motion asking the Court to award attorneys’ fees of up to 1/3 of the Settlement Fund, plus reimbursement of reasonable costs. Class Counsel will also ask the Court to approve the Service Awards for the Class Representatives of up to $5,000 each for their efforts. If awarded by the Court, the attorneys’ fees and costs and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.
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When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on August 6, 2026, at 10:00 a.m. before the Honorable Diane J. Humetewa at the Sandra Day O’Connor United States Courthouse, 401 West Washington St., Phoenix, AZ 85003. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards.
If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court, at its discretion, may hear objections at the hearing.
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 have not changed.
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Do I have to attend the Final Approval Hearing?
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 your written objection by the deadline, the Court will consider it.
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May I speak at the Final Approval Hearing?
If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court, at its discretion, may hear objections at the hearing.
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How do I get more information about the Settlement?
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 here. You may get additional information by calling toll-free 1-888-854-4954, or by writing to:
Enroll Confidently Data Incident
Settlement Administrator
P.O. Box 5159
Portland, OR 97208-5159
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