Settlements frequently provide monitoring services for a defined period alongside or instead of cash payments. Courts assess whether the remedy provides meaningful value relative to attorney fees.
Claims rates for monitoring are typically low.
Alternative Names:
Credit Monitoring Relief|Monitoring Services Remedy
Why it Matters?
Low claims rates mean the nominal settlement value substantially exceeds actual distribution, which courts have scrutinized when the fee award is calculated against the notional rather than claimed value. Structuring fees against actual redemption addresses that objection. Offering monitoring promptly after a breach also reduces exposure independently by undercutting mitigation cost claims and demonstrating responsible response.
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Frequently asked questions
What do courts scrutinize?
Why offer monitoring promptly?
