1. Why was a 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 of Merrimack County, New Hampshire, authorized a 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 Hibbard, Nelson v. Electronics for Imaging, Inc., Case No. 217-2025-CV-00528. It is pending in the Superior Court of Merrimack County, New Hampshire. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Electronics for Imaging, Inc., is called the “Defendant.”
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This lawsuit alleges that during the September 2024 targeted cyberattack on EFI's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as first, middle, and last names; addresses; phone numbers; dates of birth; photo identification and/or driver’s licenses; and Social Security numbers.
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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 Representatives are Andrew Hibbard and Jennifer Nelson. Everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant 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 Plaintiffs 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 individuals residing in the United States whose Private Information was impacted in the Data Incident affecting EFI on or around September 2024, including all those who received notice of the Data Incident.”
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Yes. Excluded from the Class are: (i) Defendant; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
You may view the Settlement Agreement here.
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All Settlement Class Members may claim Credit Monitoring Services and one or more of the cash payment options. The benefits are explained in more detail below.
Credit Monitoring Services. All Class Members are eligible to enroll in three years of CyEx Identity Defense Complete. This comprehensive service 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.
Cash Benefit Options
Compensation for Ordinary Out-of-Pocket Losses. If you incurred actual, documented out-of-pocket expenses due to the Data Incident, you can get back up to $300.00. The losses must have occurred between September 17, 2024, and December 22, 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.
Compensation for Extraordinary Out-of-Pocket Losses. 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 caused by the Data Incident
the losses are not already covered by Ordinary Out-of-Pocket Losses
you tried to prevent the loss or get your money back, such as by using insurance you already have
the losses have not been reimbursed from another source.
The losses must have occurred between September 17, 2024, and December 22, 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.
Compensation for Lost Time. Class Members who spent time responding to the Data Incident may claim up to four hours, at $25.00 per hour, for a maximum of $100.00.
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 do not have to provide a description of how you spent this time.
Alternative Cash Payment. Instead of any other cash benefit, you may claim a one-time cash payment. This payment is expected to be $75.00, but may be larger or smaller depending on the total claims filed. You do not have to provide any proof or explanation to claim this payment.
There is an aggregate cap of $300,000.00 on these cash benefits. This means that if the total value of cash benefits claimed is over $300,000.00, everyone’s payments will be reduced so that they add up to $300,000.00.
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If you stay in the class, you won’t be able to be part of any other lawsuit against EFI about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section X) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
EFI Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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If you are submitting a Claim Form online here, you must do so by December 22, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than December 22, 2026.
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The Court will hold a Final Approval Hearing on January 26, 2027 (see FAQ 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 Brittany Resch of Strauss Borrelli PLLC and Leigh S. Montgomery of Ellzey Kherkher Sanford Montgomery LLP, 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 $165,000.00 as reasonable attorneys' fees and costs of litigation. This amount will be paid by EFI. Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid by EFI.
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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 EFI 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 November 23, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Hibbard, Nelson v. Electronics for Imaging, Inc., Case No. 217-2025-CV-00528, pending in the Superior Court of Merrimack County, New Hampshire;
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:
EFI Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked by November 23, 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 FAQ 15).
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Hibbard, Nelson v. Electronics for Imaging, Inc., Case No. 217-2025-CV-00528, pending in the Superior Court of Merrimack County, New Hampshire;
your full name and current mailing address;
a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection;
the identity of any attorneys representing the objector;
a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing;
information identifying the objector as a Settlement Class Member, including proof that the objector is within the Settlement Class (e.g., copy of the Notice or copy of original notice of the Data Incident);
your signature and your lawyer’s signature.
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 November 23, 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 | EFI Data Incident Settlement |
Class Counsel | Counsel for Defendants |
Brittany Resch | Edward Finn |
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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 January 26, 2027, at 8:30 a.m. Eastern Time, at the Superior Court for the State of New Hampshire, Merrimack County, 5 Court Street, Concord, NH 03301.
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 Service Award payments to the Class Representatives. 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 FAQ 16).
The date, time and location (from in-person to virtual) of this hearing may change without further notice. Please check this website 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 FAQ 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.
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court.
Do not contact the Court or Clerk of Court regarding this Settlement.
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