Frequently Asked Questions

A Court authorized this Settlement Website because 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 Settlement Website explains the lawsuit, your legal rights, what benefits are available, and who can receive them.

The lawsuit is captioned Gibson v. Warrior Met Coal, Inc., Case No. 7:24-cv-00095 and is pending in the United States District Court, Northern District of Alabama, Western Division. The person that filed this lawsuit is called the “Plaintiff” and the company he sued, Warrior Met Coal, Inc., is called the “Defendant.”

The Lawsuit arises out of a Data Incident discovered in or about July 2023 in which a third-party actor allegedly gained unauthorized access to Defendant’s computer network, potentially exposing personal information. Defendant denies all of the Plaintiff’s claims and maintains that it did not do anything wrong.

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals who sue are known as “Class Representatives” or “Plaintiffs.” Together, the people included in the class action are called a “Settlement Class” or “Settlement Class Members.” One court resolves the lawsuit for all Settlement Class Members, except for those who exclude themselves (sometimes called, “opting out”) from a settlement. In this settlement, the Class Representative is Douglas Gibson.

The Court did not decide in favor of the Plaintiff or Defendant. The Defendant denies all claims and contends that it has not violated any laws. Plaintiff and the Defendant agreed to a settlement to avoid the costs and risks of a trial, and, through the settlement, Settlement Class Members are eligible to claim a payment and other benefits. The Plaintiff and his attorneys, who also represent Settlement Class Members, think the Settlement is best for all Settlement Class Members.

The settlement includes all individuals in the United States sent a notice of the Data Incident.

The Settlement Class specifically excludes: (i) Defendant and Defendant’s parents, subsidiaries, affiliates, officers and directors, and any entity in which Defendant has a controlling interest; (ii) all individuals who make a timely election to be excluded from this settlement using the correct protocol for opting out; (iii) the attorneys representing the Parties in the Lawsuit; (iv) all judges assigned to hear any aspect of the Lawsuit, as well as their immediate family members; and (v) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident, or who pleads nolo contendere to any such charge.

Settlement Class Members are eligible claim for one or more of the monetary benefits described below. You may file a claim for either Compensation for Lost Time, Compensation for Ordinary Losses, and/or Compensation for Actual Monetary Losses or for an Alternative Flat Cash Payment. 

The following cash payment benefits that are available to Settlement Class Members:
 

1. Compensation for Lost Time. If you spent time dealing with the aftermath of the Data Incident such as monitoring accounts, reversing fraudulent charges, or other cleanup efforts you may claim reimbursement at a rate of $15.00 per hour for up to four hours. You must describe the time you spent on the Claim Form, but no additional documentation is required beyond your verified description.

    

2. Compensation for Ordinary Losses. If you experienced out-of-pocket costs because of the Data Security Incident, you may submit a claim for reimbursement of up to $250.00. Covered expenses include bank fees, long distance or per-minute phone charges, per-use data charges, postage, gas for local travel, and fees for credit reports, credit monitoring, or identity theft insurance purchased between July 17, 2023, and the close of the Claims Period. You must provide documentation showing that you actually incurred these costs.

    

3. Compensation for Actual Monetary Losses. If you suffered a proven financial loss caused by misuse of your personal information or fraud related to the Data Security Incident, you may submit a claim for reimbursement of up to $2,500.00. To qualify, your loss must be documented and unreimbursed, must be substantially more likely than not caused by the Data Security Incident, and must have occurred between July 17, 2023, and seven days after the Court-approved settlement notice is sent to the Settlement Class. You must also show that you made reasonable efforts to avoid or recover the loss, including using any available credit monitoring or identity theft insurance.

    

4. Alternative Flat Cash Payment: A flat payment of $25.00 in lieu of compensation for lost time, ordinary or actual monetary losses.
    

In addition, Settlement Class Members may elect to receive one (1) year of three bureau identity-theft protection and credit monitoring services. Settlement Class Members can enroll for these identity protection and credit monitoring services whether or not they claim a monetary recovery under this Settlement.
 

Combined Recovery Limit. The total you may receive for lost time, ordinary losses and actual monetary losses combined may not exceed $2,500.00. You must also have made reasonable efforts to avoid or seek reimbursement for any loss, including exhausting all available credit monitoring and identity theft insurance.

Unless you opt-out of the settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found on the Important Documents page. 

You must submit a claim form by January 21, 2027. Claim forms may be submitted online by select "Submit Claim" or mailed to the Settlement Administrator at Gibson v. Warrior Met Coal, Inc., c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.

The short answer is – after the settlement is “finally approved” and challenges, if any, to that approval are finally resolved. The Court is scheduled to hold a Final Approval Hearing on March 15, 2027 at 1:00 p.m., to decide whether to approve the settlement, how much Attorneys’ Fees and Costs to award to Class Counsel for representing the Settlement Class, and Service Award payments to the Class Representative who brought this Litigation on behalf of the Settlement Class.
 

If the Court approves the settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement Class Member benefits will be distributed as soon as possible, if and when the Court grants Final Approval of the settlement and after any appeals are resolved.

Yes, the Court appointed Gary M. Klinger of Milberg, PLLC, to represent you and other members of the Settlement Class (“Class Counsel”). You will not be charged directly for these lawyers; instead, they will receive compensation separate from Settlement Class Member benefits (subject to Court approval).
If you want to be represented by your own lawyer, you may hire one at your own expense.

It is not necessary for you to hire your own lawyer because Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to approve Attorneys’ Fees of $225,000.00 for attorneys’ fees, costs, and expenses, and a $5,000.00 Service Award payment to the Class Representative. If approved, these amounts will be paid by Defendant separate and apart from all other relief to Settlement Class Members.

If you do not want to receive any benefits from the settlement, and you want to keep your right to separately sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “Opting Out” of the Settlement Class. The opt-out deadline to submit a request for exclusion from the settlement is December 7, 2026 (60 days after the Notice Commencement Date).
 

To exclude yourself from the settlement, you must submit a written request for exclusion to the Settlement Administrator that includes the following information:

• your name, address, telephone number, and email address (if any);
• A statement indicating that you want to opt-out of the Settlement Class, such as “I wish to be excluded from the Settlement Class in Gibson v. Warrior Met Coal, Inc., Case No. 7:24-cv-00095-ACA; and
• your personal signature.
   

Your Request for Exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than December 7, 2026.
 

Gibson v. Warrior Met Coal, Inc.
c/o Kroll Settlement Administration
ATTN: Exclusion Request
PO Box 225391
New York, NY 10150-5391

If you are a Settlement Class Member, you can choose (but are not required) to object to the settlement if you do not like it or a portion of it, whether that be to the Settlement Class Member benefits, the request for Attorneys’ Fees, Costs or Service Award payments, the releases provided to the Defendant, or some other aspect of the settlement. Through an objection, you give reasons why you think the Court should not approve the settlement.

For an objection to be considered by the Court, the objection must include:

1. Your full name, address, telephone number, and email address (if any);
    
2. The case name and docket number;
    
3. Information identifying your status as a Settlement Class Member (e.g., copy of original notice of the Data Incident or a statement explaining why you believe you are a Settlement Class Member);
    
4. A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe applicable;
    
5. The identity of all counsel representing you in connection with objection;
    
6. A statement whether the objector and/or his or her counsel will personally appear at the Final Approval Hearing;
    
7. Your signature and/or the signature of your duly authorized attorney or other duly authorized representative
    

Objections must be postmarked no later than December 7, 2026 (60 days after the Notice Commencement Date) and mailed to the Claims Administrator at the address designated.

Gibson v. Warrior Met Coal, Inc.
c/o Kroll Settlement Administration LLC
ATTN: Settlement Objection
P.O. Box 225391
New York, NY 10150-5391

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 it. Excluding yourself from the settlement means telling the Court you do not want to be part of the settlement. If you exclude yourself/opt-out of the settlement, you cannot object to it because the settlement no longer affects you.

The Court is scheduled to hold a Final Approval Hearing on March 15, 2027 at 1:00 p.m., at the United States District Court, Northern District of Alabama, Western Division, to decide whether to approve the settlement, how much Attorneys’ Fees and Costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award to the Class Representative who brought this Litigation on behalf of the Settlement Class. The date and time of this hearing may change without further notice. 

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense. If you file an objection, you may, but you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

If you are a Settlement Class Member and you do nothing, you will give up your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this settlement. In addition, you will be bound by the releases of the Released Parties in the settlement and not be eligible to receive any settlement benefits.

This Settlement Website summarizes the proposed settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here.

If you have additional questions or need to update your address, you may contact the Settlement Administrator by phone, or by mail:

Toll-Free: (833) 447-7515

Mail: Gibson v. Warrior Met Coal, Inc., c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.