Frequently Asked Questions

Basic Information

1. Why was the Notice issued?

The Third Judicial District Court for Salt Lake County, Utah, 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. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.

The lawsuit is called Alexander v. Boart Longyear Company d/b/a Boart Longyear Group, Ltd., Case No. 250905977. It is pending in the Third Judicial District Court for Salt Lake County, Utah. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the company they sued, Boart Longyear Company d/b/a Boart Longyear Group, Ltd., is called the “Defendant.”

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2. What is this lawsuit about?

This lawsuit alleges that during the June 2024 targeted cyberattack on Boart Longyear's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as Social Security number; driver’s license number or other government identification card number; passport number; medical information; and/or financial account information.

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3. What is a class action?

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 of the settlement. In this Settlement, the Class Representative is Matthew Alexander. Everyone included in this Action are the Class Members.

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4. Why is there a Settlement?

The Court did not decide whether the Plaintiff or the Defendant is 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 Plaintiff and their attorney think the Settlement is best for all Class Members.

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Who Is In The Settlement

5. Who is included in the Settlement?

The Court has defined the Class this way: “All individuals residing in the United States to whom Defendant sent a notice concerning the Data Incident.”

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6. Are there exceptions to being included?

Yes. Excluded from the Class are: (1) Boart Longyear and its officers, directors, and related companies; (2) the Judge in this case, and the Judge’s family and staff; and (3) anyone who validly excludes themselves from the Settlement.

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:

Boart Longyear Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4990
info@BoartLongyearSettlement.com

You may also view the Settlement Agreement here.

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7. What does the Settlement provide?

Boart Longyear has agreed to provide several different benefits. All Class Members may claim any benefit they are eligible for.

Credit Monitoring. All Class Members are eligible to enroll in two years of Credit Monitoring by a credit bureau. This benefit 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.

Out-of-Pocket Expenses. If you incurred actual, documented out-of-pocket expenses due to the Data Incident, you can get back up to $400.00. The losses must have occurred between June 29, 2024, and August 31, 2024. 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. Your proof or notes should show that your expenses were because of the Data Incident.

You cannot claim a payment for expenses that have already been reimbursed by a third party.

Losses from Identity Theft or Fraud. If you lost money because of identity theft or fraud, you can get back up to $4,000.00. You will need to show that:

  • the theft or fraud was probably caused by the Data Incident;

  • the losses are not already covered by Out-of-Pocket Expenses;

  • 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 June 29, 2024, and August 31, 2024.

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. Your proof or notes should show that your expenses were because of the Data Incident.

You cannot claim a payment for expenses that have already been reimbursed by a third party.

Reimbursement for Lost Time. Class Members who spent time responding to the Data Incident may claim up to four hours, at $20.00 per hour, for a maximum of $80.00. 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 must briefly describe how you spent this time.

If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:

Boart Longyear Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4990
info@BoartLongyearSettlement.com

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8. What claims am I releasing if I stay in the Class?

If you stay in the class, you won’t be able to be part of any other lawsuit against Boart Longyear about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section 5) describes the legal claims that you give up if you remain in the Class.

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9. How do I submit a claim for a Settlement benefit?

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:

Boart Longyear Data 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, (833) 417-4990, by email info@BoartLongyearSettlement.com, or by U.S. mail at the address above.

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10. Are there any important Settlement payment deadlines?

If you are submitting a Claim Form online, you must do so by March 12, 2026. 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 March 12, 2026.

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11. When will the Settlement benefits be issued?

The Court will hold a Final Approval Hearing on March 4, 2026, at 9:30 a.m. (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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12. Do I have a lawyer in the case?

Yes, the Court has appointed the law firm of Milberg Coleman Bryson Phillips Grossman, PLLC, to represent you and other Class Members (“Class Counsel”).

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13. Should I get my own lawyer?

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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14. How will Class Counsel be paid?

Class Counsel will ask the court to approve $125,000.00 as reasonable attorney's fees and costs of litigation. This amount will be paid by Boart Longyear.

Class Counsel will also ask for a Service Award payment of $1,500.00 for the Class Representative. The Service Award Payment will also be paid by Boart Longyear.

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15. How do I opt out of the Settlement?

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 Boart Longyear 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 February 10, 2026.

To be valid, your Request for Exclusion must have the following information:

  1. the name of the Litigation: Alexander v. Boart Longyear Company d/b/a Boart Longyear Group, Ltd., Case No. 250905977, pending in the Third Judicial District Court for Salt Lake County, Utah;

  2. your full name, mailing address, telephone number, and email address;

  3. personal signature; and

  4. 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 or email your Request for Exclusion by February 10, 2026, to the Settlement Administrator at:

Boart Longyear Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
info@BoartLongyearSettlement.com

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16. How do I tell the Court if I like or do not like the Settlement?

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 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:

  1. the name of the Litigation: Alexander v. Boart Longyear Company d/b/a Boart Longyear Group, Ltd., Case No. 250905977, pending in the Third Judicial District Court for Salt Lake County, Utah;

  2. your full name, mailing address, telephone number, and email address;

  3. information that proves that you are a Class Member (such as a notice you have received);

  4. a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;

  5. if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;

  6. if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;

  7. your signature (and, 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 February 10, 2026. You must also send a copy of the objection to the Settlement Administrator.

Clerk of the Court

Settlement Administrator

Clerk of the Court
Third District Judicial Court
450 S. State Street
Salt Lake City, UT 84111

Boart Longyear Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958

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17. What is the difference between objecting and excluding?

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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18. When is the Court’s Final Approval Hearing?

The Court will hold a final approval on March 4, 2026, at 9:30 a.m., Mountain Time, at the Third Judicial District Court for Salt Lake County, Utah, conducted remotely via Webex through this link: https://utcourts.webex.com/utcourts/j.php?MTID=m5fe553ab16bba91d31511127b1f002dd. 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 a 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 this website for updates for updates.

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19. Do I have to come to the Final Approval Hearing?

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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20. What happens if I do nothing at all?

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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21. How do I get more information?

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.

If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:

Boart Longyear Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
(833) 417-4990
info@BoartLongyearSettlement.com

You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, Third District Judicial Court, 450 S. State Street, Salt Lake City, UT 84111.

Do not contact the Court or Clerk of Court regarding this Settlement.

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