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 United States District Court for the Eastern District of Texas 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. This website explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Lane Gay v. Mortgage Contracting Services LLC, Case No. 4:24-CV-00217. It is pending in the United States District Court for the Eastern District of Texas. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the company they sued, Mortgage Contracting Services LLC, is called the “Defendant.”
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This lawsuit alleges that during the December 2023 targeted cyberattack on MCS' computer systems, certain files that contained private information were accessed. These files may have contained personal information such as full names 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 Representative is Lane Gay, and everyone included in this Action are the Class Members.
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The Court did not decide whether the Plaintiff 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. 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 individuals in the United States whose PII was impacted by the Data Incident, including all those who were sent notice of the Data Incident” (the “Settlement Class”).”
PII stands for “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) MCS and its officers and directors; (3) anyone who validly excludes themselves from the Settlement; (4) anyone who perpetrated the Data Security Incident; and (5) all government entities.
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:
MCS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(844) 496-0489
info@MCSDataSettlement.com
You may also review the Settlement Agreement.
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MCS has agreed to pay for a number of different benefits. All Class Members can enroll in two years of Credit Monitoring Services from the three credit agencies. Additionally, Class Members may choose from three cash payment options:
Out-of-Pocket Expenses
Losses for Identity Theft or Fraud
Reimbursement for Lost Time
You may claim as many payment options as you qualify for.
More information about each of these benefits is below. Full details are Paragraphs 51 and 52 of the Settlement Agreement.
Credit Monitoring Services: All Class Members can enroll in two years of Credit Monitoring Services from the three credit bureaus. This benefit includes $1 million of identity theft protection insurance.
Cash Payment Options:
Out-of-Pocket Expenses. If you incurred actual, documented out-of-pocket expenses due to the Data Security Incident, you can get back up to $500.00. The losses must have occurred between December 9, 2023, and November 3, 2025.
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; and
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.
Reimbursement for Lost Time. Class Members who spent time responding to the Data Security Incident may claim up to three (3) hours, at $25.00 per hour, for a maximum of $75.00. This benefit counts toward the $500.00 cap for Out-of-Pocket Expenses.
You must have spent the time on tasks related to the Data Security Incident. Some examples include things like changing your passwords, investigating suspicious activity in your accounts, and researching the Data Security Incident.
You must provide a brief description and attest that you spent the time claimed on tasks related to the Data Security Incident.
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 Security Incident
the losses are not already covered by Out-of-Pocket Expenses or Reimbursement for Lost Time
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 December 9, 2023, and November 3, 2025.
You need to send proof, like bank statements, 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.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
MCS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(844) 496-0489
info@MCSDataSettlement.com
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If you stay in the class, you won’t be able to be part of any other lawsuit against MCS about the issues that this Settlement covers. The “Release” section of the Settlement Agreement (Paragraphs 74–77) 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 online. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
MCS Data Security 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, (844) 496-0489, by email info@MCSDataSettlement.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 November 3, 2025. 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 November 3, 2025.
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The Court will hold a final approval hearing on January 6, 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 appointed attorney Cassandra P. Miller of Strauss Borrelli 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 $137,500.00, which will be paid by MCS.
Class Counsel will also ask for Service Award Payment of $3,000.00 for the Class Representative. Service Award Payment will also be paid by MCS.
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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 payments. However, you will keep any rights you may have to sue MCS 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 October 3, 2025.
To be valid, your Request for Exclusion must have the following information:
the name of the Action: Lane Gay v. Mortgage Contracting Services LLC, Case No. 4:24-CV-00217, pending in the United States District Court for the Eastern District of Texas;
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:
MCS Data Security Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked by October 3, 2025.
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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 Action: Lane Gay v. Mortgage Contracting Services LLC, Case No. 4:24-CV-00217, pending in the United States District Court for the Eastern District of Texas;
your full name, mailing address, telephone number, and email address;
information that proves that you are a Class Member (such as a notice you have received);
a clear description of all the reasons you object; include any legal support you may have for your objection;
if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and telephone number;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
your signature (or, if you have hired your own lawyer, 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 October 3, 2025. You must also send a copy of the objection to the Settlement Administrator.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | MCS Data Security Incident Settlement |
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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 6, 2026, at 1:30 p.m. Central Time, in the United States District Court for the Eastern District of Texas, at 7940 Preston Road, Plano, Texas, 75024.
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 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 the Important Dates 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 is 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:
MCS Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(844) 496-0489
info@MCSDataSettlement.com
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 7940 Preston Road, Plano, Texas, 75024.
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