1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Superior Court for Maricopa County, Arizona, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Roller v. Constar Financial Services, LLC, Case No. CV2025-024604. It is pending in the Superior Court for Maricopa County, Arizona. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the companies they sued, Constar Financial Services, LLC, and Empereon Marketing LLC, are called the “Defendants.”
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This lawsuit alleges that during the September 2024 targeted cyberattack on Defendants’ computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; Social Security numbers; mailing and email addresses; telephone numbers; employment information; and information regarding income, expenses, and assets.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the settlement. In this Settlement, the Class Representative is Pennie Roller. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiff or the Defendants are right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiff and their attorneys think the Settlement is best for all Class Members.
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The court has defined the Class this way: “All persons whose PII was potentially compromised in the Data Incident, including all individuals to whom Defendants sent an individual notification letter to regarding the Data Incident.” In this sentence, “PII” means Personally Identifiable Information.
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Yes. Excluded from the Class are: (1) the Judge in this case, and the Judge’s family and staff; (2) Defendants and their employees, officers, and directors; (3) governmental entities; and (4) anyone who validly excludes themselves from the Settlement.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Constar Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 647-9042
info@EmpereonConstarDataSettlement.com
You may also view the Settlement Agreement.
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Defendants have agreed to pay for a number of benefits. You may claim as many benefits are you qualify for.
Credit Monitoring. All Class Members are eligible to enroll in three years of Credit Monitoring Services by a credit bureau. This benefit comes with $1 million in identity theft insurance, and includes:
real time monitoring of your credit file
dark web scanning
comprehensive public records monitoring
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Reimbursement for Lost Time. Class Members who spent time responding to the Data Incident may claim up to four hours, at $20.00 per hour, for a maximum of $80.00.
You must have spent the time on tasks related to the Data Incident. Some examples include things like:
changing your passwords
investigating suspicious activity in your accounts
researching the Data Incident
You must briefly describe how you spent this time, and show how much time you spent to the nearest half hour.
Reimbursement for Documented Ordinary Expenses (Out-of-Pocket Expenses). If you incurred actual, documented out-of-pocket expenses due to the Data Incident, you can bet back up to $1,000.00. The losses must have occurred between September 27, 2024, and May 1, 2026.
This benefit covers out-of-pocket expenses like:
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You need to send proof, like receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Reimbursement for Documented Extraordinary Losses (Losses for Identity Theft or Fraud). If you lost money because of identity theft or fraud, you can get back up to $5,000.00.
You will need to show that:
the theft or fraud was probably caused by the Data Incident
the losses are not already covered by Out-of-Pocket Expenses
you tried to prevent the loss or get your money back, such as by using insurance you already have
The losses must have occurred between September 27, 2024, and May 1, 2026.
You need to send proof, like receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Constar Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-958
(833) 647-9042
info@EmpereonConstarDataSettlement.com
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If you stay in the class, you won’t be able to be part of any other lawsuit against Defendants about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section XI) describes the legal claims that you give up if you remain in the Class.
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The fastest way to submit your Claim Form is here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Constar Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833) 647-9042, by email info@EmpereonConstarDataSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by May 1, 2026. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than May 1, 2026.
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The Court will hold a final approval hearing on May 22, 2026 (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys J. Gerard Stranch, IV and Grayson Wells of Stranch, Jennings & Garvey, PLLC, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the court to approve $200,000.00 as reasonable attorneys' fees and costs of litigation. This amount will be paid by the Defendants.
Class Counsel will also ask for a Service Award Payment of $3,000.00 for the Class Representative. The Service Award Payment will also be paid by the Defendants.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue Defendants on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself. The deadline to exclude yourself from the Settlement is April 14, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Roller v. Constar Financial Services, LLC, Case No. CV2025-024604, pending in the Superior Court for Maricopa County, Arizona;
your full name, mailing address, telephone number, and email address;
personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Constar Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked, or emailed by April 14, 2026.
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If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see Question 15).
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Roller v. Constar Financial Services, LLC, Case No. CV2025-024604, pending in the Superior Court for Maricopa County, Arizona;
your full name, mailing address, telephone number, and email address;
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;
if you or your lawyer have objected in any other cases in the past five years, list the names, courts, the orders ruling on your objections, and civil action numbers for each of those cases;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by April 14, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendants.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Constar Data Incident Settlement |
Class Counsel | Counsel for Defendants |
J. Gerard Stranch, IV | Jad Sheikali |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on May 22, 2026, at 9:00 a.m. Mountain Time. The hearing will take place remotely. Each party will join by:
Phone: (917) 781-4590 and Conference ID Code: 859 060 772#; or
Joining via court connect at https://tinyurl.com/jbazmc-cvj01 at the scheduled time
At the final approval hearing, the Court will decide whether to approve the Settlement. The court will also decide how Class Counsel should be paid, and whether to award a Service Award Payment to the Class Representative. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website page for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in Question 8.
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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:
Constar Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 647-9042
info@EmpereonConstarDataSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 201 W Jefferson St, Phoenix, AZ 85003.
Do not contact the Court or Clerk of Court regarding this Settlement.
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