CLASS NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
A Court has authorized this Settlement Website. This is not a solicitation from a lawyer.
If You Previously Received a Notice From Burton Stating Your Personal Information May Have Been Targeted In A Cyberattack You Are Eligible to Receive Compensation from a Class Action Settlement
If you received a Notice, you are eligible to receive a payment from a proposed class action Settlement. The Action is titled Morgan v. The Burton Corporation d/b/a Burton Snowboards, Case No. 2:23-cv-00366-GWC and is pending in the United States District Court for the District of Vermont. The person that filed the class action lawsuit is called Plaintiff or Class Representative and the company he sued is The Burton Corporation (“Defendant” or “Burton”).
The Action alleges that on or about March 27, 2023, Plaintiff received notice from Defendant that it was the target of a cyberattack Incident, which may have resulted in the compromise of Plaintiff's personally identifiable information, of PII.
Burton denies any wrongdoing whatsoever and denies that it has any liability but has agreed to settle the lawsuit on a class-wide basis.
Class Members under the Settlement Agreement will be eligible to receive:
- Reimbursement for Ordinary Losses: Compensation for unreimbursed ordinary losses out-of-pocket ordinary losses that are fairly traceable to the Incident, up to five hundred dollars ($500) to each Class Member, upon submission of a valid Claim Form;
- Reimbursement for Extraordinary Losses: Compensation up to five thousand dollars ($5,000) in reimbursement for Extraordinary Losses to each Class Member that submits a timely and valid Claim Form, including necessary supporting documentation, for proven monetary losses if: (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was caused by the Incident; (iii) the loss occurred between February 11, 2023, and May 14, 2025; (iv) the loss is not already covered by one or more of the normal reimbursement categories; and (v) the Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss.
- Reimbursement for Lost Time: Class Members with time spent remedying issues related to the Incident may receive reimbursement for up to four (4) hours of lost time at twenty-one dollars and twenty-five cents ($21.25) per hour, but only if at least one (1) full hour was spent. Class Members may submit Claims for up to four (4) hours of lost time with an attestation that the lost time was spent responding to issues raised by the Incident; OR
- Alternate Cash Payment: Instead of selecting reimbursement for Ordinary Losses, Extraordinary Losses or Lost Time, a Class Member may submit a Claim for an Alternative Cash Payment of sixty-five dollars ($65) each; AND
- Identity Theft Protection and Credit Monitoring: Class Members can enroll in two years of credit monitoring and identity theft protection services from a mutually acceptable service provider at no cost to Class Members. The services must include credit monitoring with all three credit bureaus and at least $1,000,000 in identity theft insurance.
Click here to submit a Claim. To obtain more information visit or request a Claim Form, you may use the Contact form or call the toll-free telephone number, (833) 876-1397.
Please read this Notice carefully. Your legal rights will be affected, and you have a choice to make at this time.
Summary of Legal Rights | Deadline(s) | |
---|---|---|
Submit a Claim Form | The only way to receive an Alternative Cash Payment, reimbursement for Ordinary Losses, Extraordinary Losses, Lost Time, or Credit Monitoring from the Settlement. | Submitted or postmarked on or before May 14, 2025. |
Exclude Yourself by Opting Out of the Class | Receive no benefit from the Settlement. This is the only option that allows you to keep your right to bring any other lawsuit against Burton relating to the Incident. | Mailed and postmarked on or before April 14, 2025. |
Object to the Settlement and/or Attend the Final Approval Hearing | You can write the Court about why you agree or disagree with the Settlement. The Court cannot order a different Settlement. You can also ask to speak at the Final Approval Hearing on May 16, 2025, at 10:00 a.m. about the fairness of the Settlement, with or without your own attorney. | Mailed and postmarked on or before April 14, 2025. |
Do Nothing | You will not receive any cash payment from this class action Settlement. You are still eligible for credit monitoring. |
- Your rights and options as a Class Member–and the deadlines to exercise your rights – are explained in this Notice.
- The Court still will have to decide whether to approve the Settlement. Payments to Class Members will be made only if the Court approves the Settlement and after any possible appeals are resolved.