1. Why was a notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The District Court of Jefferson County, Texas, authorized a Notice. You have a right to know about the proposed Settlement of the Action, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the Action, your legal rights, what benefits are available, and who can receive them.
The Action is called Burge v. Mason Construction, LLC, Case No. 24-DC-CV-2053. It is pending in the District Court of Jefferson County, Texas. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Mason Construction, LLC, is called the “Defendant.”
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The Action alleges that during the January 2024 cyberattack on Mason Construction's computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; Social Security numbers; driver’s license numbers; government-issued ID numbers; financial information; medical information; and health insurance information.
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In a class action, one or more individuals sue on behalf of other people who they allege have 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 from the settlement. In this Settlement, the Class Representatives are Trevor Burge; Howard LeBlanc; Luis Gonzalez; and Christopher Mouton. Everyone included in the Action are the Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are 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 Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Court has defined the Class this way: “All individuals residing in the United States whose Private Information was impacted in the Data Incident discovered by Mason Construction in January 2024, including all those individuals who received notice of the Data Incident.”
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Yes. Excluded from the Class are: (1) Mason Construction and its officers, directors, and related companies; (2) anyone who validly excludes themselves from the Settlement; (3) the Judge in this case, and the Judge’s family and staff; and (4) anyone who perpetrated the Data Incident.
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Mason Construction has agreed to pay, or cause to be paid, a number of different benefits. All Class Members may enroll in two years of Credit Monitoring Services and receive one of two cash payment options.
Credit Monitoring Services. All Class Members are eligible to enroll in two years of CyEx Identity Defense Complete. This comprehensive service 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.
Cash Payment Option A. You may claim one or more of the following reimbursement, if they apply to you:
Ordinary Losses (out-of-pocket expenses). If you incurred actual, documented out-of-pocket expenses due to the Data Incident, you can get back up to $500.00. The losses must have occurred between January 6, 2024, and June 1, 2026. 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.
Extraordinary Losses (losses due to identity theft or fraud). If you lost money because of identity theft or fraud, you can get back up to $5,000.00. 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 January 6, 2024, and June 1, 2026.
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.
Lost Time. Class Members who spent time responding to the Data Incident may claim up to three hours, at $25.00 per hour, for a maximum of $75.00. 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, and check the attestation box.
Cash Payment Option B. Alternative Cash Payment. Instead of any of the benefits in Option A, you may claim a one-time $55.00 cash payment. You do not have to provide any proof or explanation to claim this payment.
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If you stay in the class, you won’t be able to be part of any other lawsuit against Mason Construction about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section IX) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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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:
Mason Construction Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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If you are submitting a Claim Form online, you must do so by June 1, 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 June 1, 2026.
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The Court will hold a Final Approval Hearing on June 4, 2026 (see FAQ 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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Yes, the Court has appointed attorneys William B. Federman of Federman & Sherwood and Leigh S. Montgomery of EKSM, LLP, to represent you and other Class Members (“Class Counsel”).
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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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Class Counsel will ask the Court to approve $250,000.00 as reasonable attorneys' fees and costs of litigation. This amount will be paid by Mason Construction.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid by Mason Construction.
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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 any payment. However, you will keep any rights you may have to sue Mason Construction 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 May 1, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Action: Burge v. Mason Construction, LLC, Case No. 24-DC-CV-2053, pending in the District Court of Jefferson County, Texas;
your full name, mailing address, telephone number, and email address;
personal signature; and
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 your Request for Exclusion to the Settlement Administrator at:
Mason Construction Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked, or emailed by May 1, 2026.
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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 for 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:
the name of the Action: Burge v. Mason Construction, LLC, Case No. 24-DC-CV-2053, pending in the District Court of Jefferson County, Texas;
your full name, mailing address, telephone number, and email address;
information that proves that you are a Class Member (such as a notice you have received);
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your signature (or, 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 May 1, 2026. You must also send a copy of the objection to the Settlement Administrator.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Mason Construction Data Incident Settlement |
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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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The Court will hold a Final Approval Hearing on June 4, 2026, at 8:30 a.m., in in the 136th Judicial District in the District Court of Jefferson County, Texas, at 1149 Pearl St., Beaumont, TX 77701.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The court will also decide the amount Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. 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 FAQ 16).
The date and time of this hearing may change without further notice. Please check this Settlement Website for updates.
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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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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in FAQ 8.
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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.
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court.
Do not contact the Court or Clerk of Court regarding this Settlement.
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