Tonya Owens, et al. v. MGM Resorts International et al.

If you received the Notice by email or postcard, you were identified as a Class Member in a class action settlement. A court authorized the Notice because you have the right to know about the Settlement and about all your rights and options before the Court decides whether to grant Final Approval of the Settlement. The email or postcard provided a summary of the Settlement as well as the Unique ID and PIN you can use to file a claim online, if you wish to do so. This website provides further details on the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

The Honorable Gloria M. Navarro of the United States District Court for the District of Nevada is overseeing the combined Settlement of two class action lawsuits. The lawsuits are known as In re MGM International Resorts Data Breach Litigation, Case No.: 2:20-cv-00376-GMN-NJK and Tonya Owens, et al. v. MGM Resorts International, et al., Case No. 2:23-cv-01480-RFB ("lawsuits"). The individuals who filed these lawsuits are called the "Plaintiffs" and/or "Class Representatives" and the company being sued, MGM Resorts International, is called the "Defendant."

Plaintiffs filed these lawsuits against Defendant, individually, and on behalf of customers and guests of Defendant whose Private Information—including but not limited to, names, addresses, telephone numbers, email addresses, dates of birth, drivers’ license numbers, passport numbers, and Social Security numbers—was compromised as a result of two separate Data Incidents.

Plaintiffs allege that on or around July 2019, and again on or around September 2023, because of the Data Incidents, unauthorized individuals accessed Defendant’s network and their Private Information. Different Plaintiffs brought two separate lawsuits against Defendant arising out of each of the Data Incidents.

Defendant denies the legal claims in each lawsuit and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendant, or that any law has been violated. Instead, Plaintiffs and Defendant have agreed to a Settlement to avoid the risk, cost, and time of continuing the lawsuit.

In a class action, one or more people (called Class Representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a Class or Class Members. One court resolves the issues for all Settlement Class members, except for those Settlement Class members who timely exclude themselves (opt out) from the Settlement Class.

The Class Representatives in the lawsuits are the Plaintiffs who sued the Settlement Agreement.

Sometime after each lawsuit was filed, the Plaintiffs in the lawsuit in the 2019 Data Incident and the Plaintiffs in the lawsuit in the 2023 Data Incident decided to work together and collectively pursue a global settlement of both lawsuits with the Defendant. Plaintiffs and Defendant do not agree about the legal claims made in the lawsuits. Neither lawsuit has gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant in either one. Instead, Plaintiffs and Defendant have agreed to settle the lawsuits together. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for all Settlement Class Members because of the benefits to the Settlement Class Members and the desire to avoid the risks and uncertainty associated with continuing either of the lawsuits.

Who is Included in the Settlement?

The Settlement Class includes all persons in the United States whose Private Information was compromised because of the Data Incidents and who were sent notice by the Defendant of the Data Incidents.

Yes. Excluded from the Settlement Class are the judges presiding over the lawsuits and members of their direct families.

If you are still not sure whether you are a Settlement Class Member, you may consult the Important Documents page for more information.

The Settlement Benefits—What You Get if You Qualify

If you are a Settlement Class Member and you submit a timely and valid Claim Form, you may be eligible for the following Settlement Class Member Benefits:

Documented Loss Cash Payment.

You may submit a Claim Form with supporting documentation showing you incurred financial losses related to the Data Incidents for up to $15,000.00. Losses may include the following:

• Unreimbursed losses relating to fraud or identity theft;
• Professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services;
• Costs associated with freezing or unfreezing credit with any credit reporting agency;
• Credit monitoring costs that were incurred on or after the Data Incidents through the Claim Form Deadline; and
• Miscellaneous expenses such as notary, facsimile, postage, copying, mileage, and long-distance telephone charges.

Examples of supporting documentation include, but are not limited to, the following:

• Credit card statements;
• Bank statements;
• Invoices;
• Telephone records; and
• Receipts

"Self-prepared" documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation. You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source.

Tiered Cash Payments.

In addition to the Documented Loss Cash Payment, you may be eligible to receive a flat cash payment if you had certain information exposed in either of the 2019 or 2023 Data Incidents. If you were sent Notice of the Settlement by email or mail, your Notice informed you if you were likely eligible for a Tier 1, Tier 2 or Tier 3 Cash Payment.

• Tier 1 Cash Payment – If your Social Security number or military identification number was exposed, you may be eligible to receive an estimated $75.00 flat cash payment.
• Tier 2 Cash Payment – If your passport number or driver’s license number was exposed, you may be eligible to receive an estimated $50.00 flat cash payment.
• Tier 3 Cash Payment – If your name, address, and/or date of birth was exposed, you may be eligible to receive an estimated $20.00 flat cash payment.

Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) increase from the Settlement Fund if the amount of Valid Claims is insufficient to exhaust the entire Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the amount of the Settlement Fund, the amount of Cash Payments may be reduced pro rata accordingly.

Financial Account Monitoring.

In addition to the Cash Payments, you may be eligible for one year of three-bureau identity theft protection, credit monitoring, and at least $1,000,000 of fraud/identity theft insurance.

Unless you opt out of the Settlement, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in the lawsuits that are released by this Settlement. The specific rights you are giving up are called "Released Claims."

Section XIII of the Settlement Agreement describes the Released Claims and the Release, in necessary legal terminology, so please read these sections carefully. The complete Settlement Agreement is available here. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in Question 15 for free, or you can talk to your own lawyer at your own expense.

How to Get Benefits from the Settlement

You must submit a timely and valid Claim Form for the Settlement Benefits described in Question 8.

Your Claim Form must be submitted online here by June 3, 2025, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by June 3, 2025. Claim Forms are also available on the Settlement Website here, by calling 1-888-899-8358 or by writing to:

MGM Data Incident Litigation
Settlement Administrator
P.O. Box 3020
Portland, OR 97208-3020

If you were sent Notice of the Settlement via email or mail, your Notice indicated whether you were eligible for a Tier 1, Tier 2, or Tier 3 Cash Payment. You were also provided with a Unique ID number to help you easily file your Claim online at the Settlement Website.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

MGM Data Incident Litigation
Settlement Administrator
P.O. Box 3020
Portland, OR 97208-3020

If you file a timely and valid Claim Form, the Settlement Class Member Benefits will be provided by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

The Lawyers Representing You

Yes, the Court has appointed John Yanchunis of Morgan & Morgan Complex Litigation Group, E. Michelle Drake of Berger Montague PC, Doug McNamara of Cohen Milstein Sellers & Toll, PLLC, David Berger of Gibbs Law Group LLP, J. Gerard Stranch IV of Stranch, Jennings & Garvey, PLLC, Lynn Toops of Cohen & Malad LLP, James Pizzirusso of Hausfeld LLP, Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman PLLC, and Jeff Ostrow of Kopelowitz Ostrow P.A. as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award attorneys’ fees and costs payable out of the $45,000,000 Settlement Fund. They will seek 30% of the Settlement Fund in attorneys’ fees and reimbursement of their litigation costs. Class Counsel will also ask the Court to approve Service Awards in the amount of $10,000.00 each for those Class Representatives who had their depositions taken and $3,500.00 each for all other Class Representatives. The Service Awards are for the Class Representatives’ efforts in participating in the Actions and for achieving the Settlement. If awarded by the Court, the Attorneys’ Fees, Costs, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.

Class Counsel’s Application for Attorneys' Fees, Costs, and Service Awards will be posted to this website once available.

Opting-Out From the Settlement

If you are a Settlement Class Member and want to keep any right you may have to individually sue or continue to sue the Released Parties on your own based on the legal claims in the lawsuits or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from—or "opting-out" of—the Settlement.

To opt outof the Settlement, you must mail a written request for exclusion, which includes the following:

1. Your name, address, telephone number, and email address (if any);
2. Your personal physical signature; and
3. A statement that you want to be excluded from the Settlement Class, such as "I hereby request to be excluded from the Settlement Class in In re MGM International Resorts Data Breach Litigation, Case No.: 2:20-cv-00376-GMN-NJK and Tonya Owens, et al. v. MGM Resorts International, et al., Case No. 2:23-cv-01480-RFB."

The opt-out request must be mailed to the Settlement Administrator at the following address, and be postmarked by May 19, 2025:

MGM Data Incident Litigation
Settlement Administrator
P.O. Box 3020
Portland, OR 97208-3020

You cannot opt out(exclude yourself) by telephone or by email.

"Mass" or "class" requests for exclusion filed by third parties on behalf of a "mass" or "class" of Settlement Class Members or multiple Settlement Class Members where the opt outhas not been signed by each and every individual Settlement Class Member will not be allowed.

No. If you timely opt out, you will not be entitled to receive Settlement Class Member Benefits, but you will not be bound by the Settlement or any judgment in the lawsuits. You can only get Settlement Class Member Benefits if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you timely opt out, you give up any right to individually sue any of the Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Incidents. You must opt out of the lawsuits to start or continue with your own lawsuit or be part of any other lawsuit against the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

Objecting to the Settlement

If you are a Settlement Class Member, you can tell the Court you object to all or any part of the Settlement.

To object, you must send your written objection by U.S. Mail to the Clerk of Court, Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as Federal Express) by May 19, 2025, stating you object to the Settlement in In re MGM International Resorts Data Breach Litigation, Case No.: 2:20-cv-00376-GMN-NJK and Tonya Owens, et al. v. MGM Resorts International, et al., Case No. 2:23-cv-01480-RFB.

To file an objection, you cannot opt out of the Settlement Class. Your objection must include all the following information:

1. Your full name, address, telephone number, and email address (if any);
2. All grounds for the objection, accompanied by any legal support for the objection known to you as the objector or your own lawyer;
3. The number of times you have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which you have made an objection, and a copy of any orders related to or ruling upon your prior objections that were issued by the trial and appellate courts in each listed case;
4. The identity of all lawyers representing you, including any former or current lawyers who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards;
5. The number of times in which your lawyer or your lawyer’s law firm have objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which your lawyer or the firm has made the objection and a copy of any orders related to or ruling upon your lawyer’s or the lawyer’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which your lawyer’s and/or lawyer’s law firm have objected to a class action settlement within the preceding five years;
6. The identity of all lawyers (if any) representing you who will appear at the Final Approval Hearing;
7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
8. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; and
9. Your signature as the objector (a lawyer’s signature is not sufficient).

To be timely, written notice of an objection including all the information above must be mailed to the Clerk of Court, Class Counsel, Defendant’s Counsel and the Settlement Administrator by May 19, 2025, at the following addresses:

If you fail to comply with the requirements for objecting as detailed above, you waive and forfeit all rights you may have to appear separately and/or to object to the Settlement, and you will be bound by all the terms of the Settlement and by all proceedings, orders, and judgments in the lawsuits.

Objecting is simply telling the Court you do not like something about the Settlement or the requested Attorneys’ Fees, Costs, or Service Awards. You can object only if you stay in the Settlement Class (meaning you do not opt outof the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

The Final Approval Hearing

The Court will hold a “Final Approval Hearing” to decide whether to approve the Settlement. You may attend and you may ask to speak if you file an objection by the deadline, but you do not have to.

The Court will hold a Final Approval Hearing on June 18, 2025, at 9:00 a.m. before the Honorable Gloria M. Navarro, II at the Lloyd D. George Federal Courthouse, 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement and Class Counsel’s Application for the Attorneys’ Fees, Costs, and Service Awards.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you would like to speak at the hearing, the Court will also listen to you or your lawyer speak at the hearing, if you so request.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. Any updates will be posted here, so you should check this website to confirm the date and time of the Final Approval Hearing has not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. If you file a written objection by the deadline, the Court will consider it.

Yes, if you do not opt outand you file a timely written objection requesting to speak at the hearing, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You can also have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all the procedures for objecting to the Settlement listed in Question 20 above—and specifically include a statement whether you and your lawyer will appear at the Final Approval Hearing.

If You Do Nothing

If you are a Settlement Class Member and you do nothing, you will be part of the Settlement Class, but you will not receive any of the Settlement Class Member Benefits. Unless you requested to exclude yourself, you have lost your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement relating to the Data Incidents.

Getting More Information

This website summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. You may get additional information by calling toll-free 1-888-899-8358, or by writing to:

MGM Data Incident Litigation
Settlement Administrator
P.O. Box 3020
Portland, OR 97208-3020

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS CASE.

You can find your Unique ID and PIN on your postcard or email notice. Notices began being sent to Settlement Class Members on February 20, 2025, and will continue being sent through April 2025. Please be patient and make sure to check your email regularly for any notifications from the Administrator.

If you misplaced your Notice, you may file a paper claim, which you can download here.