Frequently Asked Questions

You received the notice because you have been identified as a Person who previously received a notice from Crystal Bay mailed in or around February 2023 that your PII may have been accessed or exposed during the data security Incident. Three similarly-situated individuals brought a proposed class action lawsuit against Crystal Bay in 2023, alleging that Crystal Bay was negligent due to its data security practices. Crystal Bay denied the allegations and denied that it would be found liable. The parties have now reached a proposed settlement of the lawsuit. 

A Court authorized this notice because you have a right to know about your rights under the proposed class action settlement before the Court decides whether to approve the settlement. If the Court approves the settlement, and after objections and appeals are resolved, a Claims Administrator appointed by the Court will make the payments that the settlement allows, and the pending legal claims against Crystal Bay will be released and dismissed.

This package explains the lawsuit, the settlement, your rights, what benefits are available, who is eligible for them, and how to get them. The case is Mendoza et al. v. Crystal Bay Casino, LLC, Case No. 3:23-cv-00092-MMD-CLB, currently pending in the United States District Court District of Nevada, Reno Division.  The Honorable Miranda M. Du, United States District Court Judge, is in charge of this case.

This matter is a putative class action (the “Litigation”) arising from a data security incident whereby a cybercriminal gained unauthorized access to certain of Crystal Bay’s computer systems and data resulting in potential access to allegedly sensitive Personal Information associated with current and former Crystal Bay customers. Crystal Bay is a casino and entertainment venue that, in the course of its business, collects personally identifiable information (“PII”) from customers. The Litigation asserts common law claims against Crystal Bay for alleged negligent data security practices and alleged breach of contract. 

Defendant denies any allegation of wrongdoing and denies that Plaintiffs would prevail or be entitled to any relief should this matter proceed to be litigated. 

In a class action one or more people called “Class Representatives” sue on behalf of themselves and other people who have similar claims. This group of people is called the “class,” and the people in the class are called “Settlement Class Members” or the “Settlement Class.” One court resolves the issues for all Settlement Class Members, except for people who exclude themselves from the class. The Persons who sued here (Fernando Mendoza, Sophie Mendoza, and Huey Nguyen) are called the Plaintiffs. The entity they sued—Crystal Bay —is called the Defendant.

The Settlement Class is defined as: “all individuals that received notice from Crystal Bay in or around February 2023, of a data security incident involving their Personal Information.”   

There are approximately 93,950 Settlement Class Members.

Yes, the following are not included in the Settlement Class: any judge presiding over this matter and any members of their first-degree relatives, judicial staff, Crystal Bay’s officers, directors, and members, and Persons who timely and validly request exclusion from the Settlement Class.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling the Claims Administrator, at (833) 462-3472 or by visiting the "Contact" section of the settlement website.

Under the settlement, Crystal Bay will establish a non-reversionary Settlement Fund in the amount of Six Hundred Seventy-Five Thousand Dollars ($675,000). These funds will be used to pay for all valid claims made by Settlement Class Members, notice and Administration Costs, Service Awards, and attorneys' fees and costs. In no event shall Crysal Bay pay more than $675,000.

Settlement Class Members may file a claim for one or more of the following settlement benefits. 

ALTERNATIVE CASH PAYMENT. As an alternative to filing a claim for reimbursement of Ordinary Losses, Attested Time Spent, or Extraordinary Losses, Settlement Class Members may submit a claim to receive a pro rata Alternative Cash Payment from the Net Settlement Fund.  It is currently anticipated that this Alternative Cash Payment will be between $25 and $50, but this amount will likely increase or decrease depending upon the number of claims filed. 

IF YOU SELECT THIS CASH BENEFIT, YOU MAY NOT CLAIM ANY OF THE OTHER MONETARY BENEFITS BELOW, BUT YOU MAY STILL CLAIM CREDIT MONITORING.

Documented Ordinary Losses:  Settlement Class Members may submit a claim for documented out-of-pocket expenses fairly traceable to the Incident, up to $500 per individual. Ordinary Losses may include: (i) unreimbursed losses relating to fraud or identity theft; (ii) credit monitoring costs that were incurred on or after the Incident through the date of claim submission; and (iii) bank fees, long distance phone charges, postage, or gasoline for local travel. This list of reimbursable documented out-of-pocket expenses is not meant to be exhaustive, rather it is exemplary. Settlement Class Members may make claims for any documented out-of-pocket losses reasonably related to the Incident or to mitigating the effects of the Incident.  You must provide proper documentation to make a successful claim for Ordinary Losses.

Attested Lost Time: A Settlement Class Member who spent time remedying issues related to the Incident can receive reimbursement for up to five (5) hours of lost time at a rate of $20 per hour with an attestation that they spent the claimed time responding to issues raised by the Incident. No documentation other than an attestation shall be required for members of the Settlement Class to receive compensation for attested time spent.  Claims made for time spent can be combined with reimbursement for Ordinary Losses subject to the $500 aggregate individual cap. Time spent may include (i) changing passwords on potentially impacted accounts; (ii) monitoring for or investigating suspicious activity on potentially impacted medical, financial, or other accounts; (iii) contacting a medical provider or financial institution to discuss suspicious activity; (iv) signing up for identity theft or fraud monitoring; or (v) researching information about the Incident, its impact, or how to protect themselves from harm due to a data incident.

Documented Extraordinary Losses:  Settlement Class Members are eligible for compensation for Extraordinary Losses resulting from the Incident, up to a maximum of $10,000, upon submission of a valid Claim Form and supporting documentation, provided that: (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Incident; (iii) the loss occurred between June 1, 2022 and the Claims Deadline; (iv) the loss is not already covered by one or more of the normal reimbursement categories; (v) the claimant made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring insurance and identity theft insurance. Extraordinary Losses may include, without limitation, the unreimbursed costs, expenses, losses or charges incurred a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of Private Information.  You must provide proper documentation to make a successful claim for Extraordinary Losses.

CREDIT MONITORING: In addition to either the Alternative Cash Payment or the other monetary benefits, all Settlement Class Members will be offered the opportunity to claim a 3-year membership of 1-bureau Credit Monitoring Services with at least $1 million in fraud protection. Credit Monitoring and a claim for either an Alternative Cash Payment or monetary losses can be made together.

You must complete and submit a Claim Form by June 4, 2024. Claim Forms may be submitted online through this settlement website or printed from the settlement website and mailed to the address on the form.

Be sure to read the Claim Form instructions carefully, include all required information, and your signature. 

The Claims Administrator will review your claim to determine the validity and amount of your payment.

This is a closed Settlement Class.  The benefits are available only to Settlement Class Members with a unique ID.  All claims submitted by non-Settlement Class Members will be rejected.

The amount of your payment will depend on the approved amount of your Settlement Claim and the total value of all approved Settlement Claims. It is anticipated that the Settlement Fund will be sufficient to provide the full amount of the Alternative Cash Payments for all Settlement Class Members – however, should the claims exceed the amount of funds available, payments will be reduced on a pro rata basis.

If you are claiming monetary losses under the settlement, you must describe the loss, any out-of-pocket expenses, their amount, and when and why you incurred them. If your Settlement Claim is for expenses related to a credit freeze, credit monitoring, identity theft protection, similar services, or other expenditure, you must also attest that you incurred those losses in response to the Incident in this case.

Your monetary loss claim must be reasonably documented—you must enclose or upload documentation sufficient to show (a) the amount of unreimbursed loss that you suffered, and (b) why you believe that the loss is reasonably attributable to the Incident in the case. Documents for financial expenses may include credit card or bank statements, emails, invoices, receipts, or telephone records, including photographs of the same. Personal statements or declarations are not considered reasonable documentation, but they may be used to provide clarification, context, or support for other documentation.

To claim reimbursement for time spent dealing with the effects of the Incident, you must merely attest that you spent the time claimed dealing with the effects of the Incident.

The Court will hold a hearing on August 5, 2024, to decide whether to approve the settlement. Payments will be made after the settlement is approved and becomes Final (meaning there is no appeal from the order approving the settlement). Updates regarding the settlement will be posted on the settlement website.

Thiago M. Coelho of WILSHIRE LAW FIRM, PLC and David K. Lietz of MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC represent the Settlement Class. These lawyers are called Settlement Class Counsel. You will not be charged for their services.

If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in court for you if you want someone other than Settlement Class Counsel to speak for you. You may also appear for yourself without a lawyer.

If you are a Settlement Class Member and you do not want the benefits from the settlement, and you want to keep your right, if any, to sue Defendant on your own about the legal issues in this case, then you must take steps to get out of the settlement. This is called excluding yourself from—or “opting out” of—the Settlement Class.

You may Opt-Out of the settlement by May 6, 2024. To Opt-Out, you must send a letter or postcard via U.S. mail to the address below. You should include the following in your letter or postcard:

• The name of this Litigation, or a decipherable approximation (Mendoza et al. v. Crystal Bay Casino, LLC, Case No. 3:23-cv-00092-MMD-CLB);

• Your full name, address, telephone number, and signature;

• The words “Requests for Exclusion” at the top of the document or a clear statement that you want to Opt-Out of the settlement.

You must mail your Opt-Out request via First-Class postage prepaid U.S. Mail, postmarked no later than May 6, 2024, to:

Crystal Bay Claims Administration
Mendoza et al. v. Crystal Bay Casino, LLC
 c/o Kroll Settlement   Administration
PO Box 225391
New York, NY 10150-5391

If you fail to include the required information, your request will be deemed invalid and you will remain a Settlement Class Member and be bound by the settlement, including all releases.

a) Your full name, address, telephone number, and email address (if any); 

b) a clear and detailed written statement that identifies the basis of the specific objection that you assert; 

c) the identity of any counsel representing you;

d) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel;

e) a statement whether you have received any payment in exchange for  making the objection; 

f) your signature and the signature of your duly authorized attorney or other duly authorized representative (if any).