Court Tests Data Breach Settlements
Coverage from Class Action Defense, Lexology, and others

The Northern District of California rejected without prejudice preliminary approval of a proposed $2.
3 million class-action settlement tied to OE Federal Credit Union’s 2023 ransomware breach, which affected more than 220,000 current and former customers. Judge Jon S. Tigar cited unsupported recovery estimates, deficiencies in the claims-made process, unclear California-specific benefits, fee disclosures, and inaccurate or incomplete settlement documentation. Plaintiffs must submit a revised motion addressing the court’s concerns and Rule 23 requirements by November 4, 2026.
If you read one thing
California Court Rejects Preliminary Approval of $2.3M Data Breach SettlementIt provides the clearest overview of the court’s rejection of preliminary approval and the recovery and allocation concerns that must be addressed.
Settlement approval is blocked pending stronger support
The Northern District of California denied preliminary approval without prejudice of the proposed $2.3 million settlement, requiring plaintiffs to substantiate recovery estimates, allocation procedures, and litigation-risk assessments before resubmission.
Claims-made mechanics face heightened scrutiny
The court questioned using a claims-made process where OEFCU could identify affected members from its records, citing the risk that participation would reduce actual payments and finding the approach insufficiently justified.
Settlement documentation requires material revision
The proposed agreement also requires clearer California-specific benefits, attorney-fee disclosures, settlement descriptions, and other documentation to address Federal Rule of Civil Procedure 23(e)(2) concerns.
$2.3 million USD
proposed settlement fund
“The proposed settlement would have created a non-reversionary $2.3 million fund.”
There was no material change: no new topic-member articles were supplied beyond the existing account of the court’s rejection without prejudice of the proposed settlement.
Previously
The Northern District of California rejected without prejudice preliminary approval of a proposed $2.3 million class-action settlement tied to OE Federal Credit Union’s 2023 ransomware breach, which affected more than 220,000 current and former customers. Judge Jon S. Tigar cited unsupported recovery estimates, deficiencies in the claims-made process, unclear California-specific benefits, fee disclosures, and inaccurate or incomplete settlement documentation. Plaintiffs must submit a revised motion addressing the court’s concerns and Rule 23 requirements by November 4, 2026.
