A self-reported data breach by Atlanta-based YKK AP America Inc. made news in recent weeks, after the inadvertent loss of physical backup media by a third-party vendor compromised the personal and financial information of more than 300 employees and dependents. The breach was one of several cyber-related incidents impacting the door, window and glass industries in recent years, including a 2023 cyber-attack on AGC America Inc. exposing the personal data of 20,951 people. A federal judge has now approved AGC America’s nearly $600,000 settlement for those impacted by the incident.
U.S. District Judge Victoria Marie Calvert deemed the all-cash fund of $597,000 as fair, reasonable and in the best interest of the settlement class. The settlement follows a 2024 lawsuit initiated by Richard Teague, the lead plaintiff who filed the class-action complaint on behalf of himself and other impacted individuals.
Teague argues in the suit that AGC failed to protect secure data, leading to the exposure of Social Security numbers, driver’s license numbers, financial account information associated with direct deposits, passports, payment card numbers and more. His complaint alleges that an attacker accessed and acquired files in AGC’s computer systems containing unencrypted private information of employees and sold that data on the dark web.
“Despite the prevalence of public announcements of data breaches and data security compromises, [AGC] failed to take appropriate steps to protect the private information of the plaintiff and class members from being compromised,” the complaint reads.
Teague states that the breach put him and other employees at risk for criminals to open financial accounts in their names, take out loans, file fraudulent tax returns or obtain government benefits.
Who Qualifies for Compensation?
According to AGC, settlement class members are eligible for monetary loss reimbursements of up to $2,500 per individual, two years of credit monitoring and insurance services.
This benefit covers out-of-pocket expenses, such as:
- Losses because of identity theft or fraud;
- Fees for credit reports, credit monitoring or freezing and unfreezing credit; and
- Cost to replace IDs.
Those eligible include individuals residing in the U.S. who were sent a notice of the incident indicating their private information may have been impacted. Documented out-of-pocket losses must have occurred between Dec. 14, 2023, and July 15, 2026.
AGC notes, however, that the deadline to submit a claim was July 15.
“If the court approves the settlement, there may be appeals,” state AGC officials. “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.”