Gilmore v. The Bank of Canton

If you received a notice, you have been identified as a person whose PII may have been invovled in the 2023 MOVEit Security Incident that impacted The Bank of Canton. A similarly situated individual, Stephen Gilmore (“Plaintiff”) brought a proposed class action lawsuit against The Bank of Canton in 2023, alleging that The Bank of Canton was negligent in its data security practices. The Bank of Canton denies the allegations and denies that it would be found liable. The Parties have now reached a proposed settlement of the lawsuit.

A court authorized notice because you have a right to know about your rights under the proposed class action Settlement before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections and appeals are resolved, the Settlement Administrator appointed by the Court will make the payments that the Settlement allows, and the pending legal claims against The Bank of Canton will be released and dismissed.

This website explains the lawsuit, the Settlement, your rights, what benefits are available, who is eligible for them, and how to get them. Judge Allison D. Burroughs of the United States District Court for the District of Massachusetts is in charge of this case. The case is Gilmore v. The Bank of Canton, No. 1:23-cv-12711-ADB (D. Mass.), which has been transferred to and coordinated with, In re: MOVEit Customer Data Security Breach Litigation., MDL No. 1:23-md-03083-ABD-PGL (D. Mass.).

This matter is a putative class action (the “Litigation”) arising from the MOVEit Security Incident that impacted The Bank of Canton on or around May 27, 2023, whereby cybercriminals allegedly gained unauthorized access to the MOVEit Transfer software that was used by a third-party service provider of The Bank of Canton, resulting in potential access to the PII of The Bank of Canton customers, potentially including, account name, account number(s), and Social Security number. The lawsuit asserts various common law claims against The Bank of Canton for alleged negligent data security practices.

The Bank of Canton denies any allegation of wrongdoing and denies that Plaintiff would prevail or be entitled to any relief should this matter proceed to be litigated.

In a class action one or more people called “class representatives” sue on behalf of themselves and other people who have similar claims. This group of people is called the “class,” and the people in the class are called “settlement class members” or the “settlement class.” One court resolves the issues for all settlement class members, except for people who exclude themselves from the class. The person or persons who sue are called the plaintiffs. The entity sued is called the defendant.

The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. This way, they avoid the costs and risks of a trial, and Settlement Class Members can get benefits or compensation. The Plaintiff and Class Counsel think the Settlement is in the best interest of the Settlement Class.

The Settlement Class is defined as: “all current, former, and/or prospective customers of The Bank of Canton in the United States whose Personally Identifiable Information was included in files impacted by the MOVEit Security Incident.”

Yes, the following are not included in the Settlement Class: (i) The Bank of Canton and The Bank of Canton’s officers, directors, legal representatives, successors, subsidiaries, and assigns; (ii) any judge, justice, or judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; (iii) Class Counsel, their staff members, and their immediate family; and (iv) any individual not included in the Class List.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling the Settlement Administrator at 1-888-884-3492 or you can view the Settlement Agreement in the Documents section of this website.

Under the Settlement, The Bank of Canton will pay $300,000 into the Settlement Fund, which will be used to pay all valid claims made by Settlement Class Members, notice and administration costs, a service award to the Plaintiff (if approved by the Court), and Class Counsel’s attorneys’ fees and expenses (if approved by the Court). Settlement Class Members may file a claim to receive either (1) reimbursement of ordinary losses up to $2,500 and reimbursement of extraordinary losses up to $10,000; or (2) an alternative cash payment of $100.

If the total value of all valid claims exceeds the Net Settlement Fund (the monies remaining in the Settlement Fund after the notice and administration costs, Service Award, and attorneys’ fees and expenses are deducted), the Settlement Administrator shall reduce all Settlement Payments on a pro rata basis to the highest amount that will allow all approved claims to be paid using the Net Settlement Fund available. In the event that all valid claims do not exhaust the Net Settlement Fund, the Settlement Administrator, prior to distribution of the Alternative Cash Payments, shall increase the value of the Alternative Cash Payments on a pro rata basis until the Net Settlement Fund is exhausted. No part of the Settlement Fund will revert back to The Bank of Canton.

Settlement Class Members may file a claim for the following settlement benefits:

Reimbursement of Ordinary Losses: Settlement Class Members may file a claim for reimbursement of ordinary losses of up to $2,500 (inclusive of up to four (4) hours of lost time at $25 per hour (up to $100 total)) incurred as a result of the MOVEit Security Incident. Such ordinary losses include, but are not limited to, (1) bank fees, long distance phone calls, cell phone charges (only if charged by the minute), data charges (only if based on the amount of data used), postage, or gasoline for local travel, and (2) fees for credit reports, credit monitoring, or other identity theft insurance product purchased between May 27, 2023 and October 9, 2025.

Reimbursement of Extraordinary Losses: Settlement Class Members may submit a claim for up to $10,000.00 in compensation for proven monetary losses, professional fees (e.g., attorneys’ fees and accountants’ fees), and fees for credit repair services as a result of the MOVEit Security Incident.

Alternative Cash Payment: In lieu of filing claims for reimbursement of ordinary and extraordinary losses, Settlement Class Members may elect to file a claim to receive a cash payment of $100 without the need to document losses or attest to time spent as a result of the MOVEit Security Incident.

Settlement Payments are subject to pro rata adjustment. If the total value of all approved claims exceeds the Net Settlement Fund available for distribution to Settlement Class Members, the Settlement Administrator will reduce all Settlement Payments on a pro rata basis. If the approved claims do not exhaust the Net Settlement Fund, the Settlement Administrator will increase the Alternative Cash Payments on a pro rata basis until the Net Settlement Fund is exhausted.

If you are a Settlement Class Member and you do not exclude yourself from the Settlement, you will give up your right to sue, continue to sue, or be part of any other lawsuit against Defendant and other released parties concerning the claims released by this Settlement. The “Releases and Waivers of Rights” section in the Settlement Agreement describes the legal claims you will give up if you remain in the Settlement Class. The Settlement Agreement can be viewed on the Documents page of this website.

You must complete and submit a Claim Form to receive a payment. Claim Forms may be submitted here or by printing, completing, and mailing the Claim Form available on the Documents page of this website. Claim Forms must be submitted electronically or postmarked by October 9, 2025.

Be sure to read the Claim Form instructions carefully and, include all required information, and your signature.

The Settlement Administrator will review your claim to determine its validity and amount of your payment.

The amount of your payment will depend on the approved amount of your claim and the total value of all approved claims.

If you are seeking reimbursement for ordinary and/or extraordinary losses under the Settlement, you must describe the losses, their amounts, and when and why you incurred them. You must also attest that you incurred those losses in response to the MOVEit Security Incident in this case.

Your claim must be reasonably documented. For each loss claimed you must enclose or upload documentation sufficient to show (1) the amount of unreimbursed loss that you suffered and (2) why you believe the loss is reasonably attributable to the MOVEit Security Incident in the case. Documents for financial expenses may include credit card or bank statements, emails, invoices, receipts, or telephone records, including photographs of the same. Personal statements or declarations are not considered reasonable documentation, but they may be used to provide clarification, context, or support for other documentation.

The Court will hold a Final Approval Hearing on October 21, 2025, at 1:00 p.m., to decide whether to approve the Settlement. Payments will be made after the Settlement is approved and becomes final (meaning there is no appeal from the order approving the Settlement or all appeals have been rejected). Updates regarding the Settlement will be posted on this website.

The Court appointed E. Michelle Drake of Berger Montague, PC, Gary F. Lynch of Lynch Carpenter, LLP, Douglas J. McNamara of Cohen Milstein Sellers & Toll PLLC, Karen H. Riebel of Lockridge Grindal Nauen PLLP, Charles E. Schaffer of Levin Sedran & Berman LLP, and Kristen A. Johnson of Hagens Berman Sobol Shapiro LLP as attorneys to represent the Settlement Class. These lawyers are called Class Counsel. You will not be charged for their services.

If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in court for you if you want someone other than Class Counsel to speak for you. You may also appear for yourself without a lawyer.

The attorneys representing the Settlement Class have not yet received any payment for their legal services or any reimbursement of the costs or out-of-pocket expenses they have incurred. Class Counsel plans to ask the Court for an award of attorneys’ fees and expenses of up to 25% of the Settlement Fund. Class Counsel will file their request for attorneys’ fees and expenses as a percentage of the Settlement Fund.

The Settlement Class is represented by Plaintiff Gilmore (the “Settlement Class Representative”). In addition to the benefits that the Settlement Class Representative will receive as a member of the Settlement Class and subject to the approval of the Court Class Counsel will request a service award, not to exceed $5,000, for the Settlement Class Representative for the efforts he has expended on behalf of the Settlement Class.

The Court will determine whether to approve the amount of attorneys’ fees and expenses requested by Class Counsel and the proposed Service Award for the Class Representative. Class Counsel will file an application for attorneys’ fees and expenses and for a service award no later than August 19, 2025. The application will be available on this website, or you can request a copy by contacting the Settlement Administrator.

If you are a Settlement Class Member, you do not want the benefits from the Settlement, and you want to keep your right, if any, to sue The Bank of Canton on your own about the legal issues in this case, you must take steps to get out of the Settlement. This is called excluding yourself from—or “opting out” of—the Settlement.

You may opt out of the Settlement through September 9, 2025. To opt out, you must send a letter or postcard via U.S. Mail to the address below. You must include the following in your letter or postcard:

• The name of this Litigation (Gilmore v. The Bank of Canton, No. 1:23-cv-12711 (D. Mass.)), or a decipherable approximation thereof;
• Your full name, mailing address, telephone number, and signature
• The words “Opt-Out” or “Request for Exclusion” at the top of the document and/or a clear and unequivocal statement that you want to be excluded from the Settlement.

To be valid, any request for exclusion that is filed on behalf of a Settlement Class Member by a person other than the Settlement Class Member who is legally authorized to act on the Settlement Class Member’s behalf must include the following:

• The name of this Litigation (Gilmore v. The Bank of Canton, No. 1:23-cv-12711 (D. Mass.)), or a decipherable approximation thereof;
• The full name and address of the Settlement Class Member;
• The words “Opt-Out” or “Request for Exclusion” at the top of the document and/or a clear and unequivocal statement that the Settlement Class Member wants to be excluded from the Settlement;
• The person’s full name, address, phone number, and relationship to the Settlement Class Member;
• An attestation that the person is legally authorized to make the request for exclusion on behalf of the Settlement Class Member and a description of the basis for that authority
• The person’s signature.

You must mail your opt-out request via First-Class postage prepaid U.S. Mail, postmarked no later than September 9, 2025 to the following address:

Gilmore v. The Bank of Canton
Settlement Administrator
PO Box 4875
Portland, OR 97208-4875

If you fail to include the required information, your request will be deemed invalid and you will be bound by the Settlement, including all releases.

No. You must opt out of the Settlement to keep your right to sue The Bank of Canton or other released parties for any of the claims resolved by the Settlement.

If you opt out of the Settlement, you will no longer have any rights as a member of the Settlement Class. You will be ineligible to submit a claim, and you will not receive a payment as part of the Settlement. However, you will not be bound by the Settlement, releases, or by any further orders or judgments in this case. You will keep the right, if any, to sue on the claims alleged in the case at your own expense.

In addition, if you opt out of the Settlement, you cannot object to this Settlement because the Settlement will no longer affects you. If you object to the Settlement and request to exclude yourself, your objection will be voided, and you will be deemed to have excluded yourself.

If you are a Settlement Class Member, you do not opt out, and you do not think it is fair, reasonable, or adequate, you can object to the Settlement. You can give reasons why you think the Court should not approve it. You cannot ask the Court to change or order a different settlement; the Court can only approve or deny this Settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you should object.

You may object to any part of the proposed Settlement in writing. If you submit a timely objection confirming your in-person appearance, you may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney.

Your objection must be in writing and must include the following:

• The name of this Litigation (Gilmore v. The Bank of Canton, No. 1:23-cv-12711 (D. Mass.)), or a decipherable approximation thereof;
• Your full name, mailing address, and telephone number;
• The full name, address, telephone number, and email address of your counsel (if you are represented by counsel);
• A statement describing the grounds for your objection with specificity;
• A statement confirming whether your objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class;
• A statement confirming whether you intend to appear at the Final Approval Hearing and, if so, whether you will appear in person or through counsel;
• Your signature or the signature of an individual authorized to act on your behalf.

If the Objector or his or her counsel intend to call witnesses or present evidence at the Final Approval Hearing, the objection also must contain a list identifying each witness and a detailed description of the anticipated testimony that each witness will offer at the hearing.

Any objection must be either filed electronically with the Court or mailed to the Clerk of Court at the address set forth below. The objection must be filed with the Court—or, if mailed, it must be postmarked—no later than September 9, 2025.

United States District Court
for the District of Massachusetts
Clerk of Court
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, MA 02210

Objecting is telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you are a Settlement Class Member and do not opt out of the Settlement. Opting out of the Settlement is telling the Court that you don’t want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because it will no longer affect you.

The Court will hold a Final Approval Hearing at 1:00 p.m. on October 21, 2025, in Courtroom 17, 5th Floor at the federal courthouse located at 1 Courthouse Way, Boston, Massachusetts 02210 before Judge Allison D. Burroughs. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate; whether to approve Class Counsel’s application for attorneys’ fees and expenses; and whether to approve the Service Award to the Settlement Class Representative. If there are objections, the Court will consider them. The Court may choose to hear from people who have asked to speak at the hearing. At or after the hearing, the Court will decide whether to approve the Settlement. There is no deadline by which the Court must make its decision.

The Court may reschedule the Final Approval Hearing or change any of the deadlines described on this website. The date of the Final Approval Hearing may change without further notice to the Settlement Class Members. Be sure to check this website for updates. You can also access the case docket via the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.mad.uscourts.gov.

Class Counsel will file a motion for final approval of the Settlement by September 19, 2025. Objectors, if any, must file any response to Class Counsel’s motion by October 3, 2025. Responses to any objections and any replies in support of final approval of the Settlement and/or Class Counsel’s application for attorneys’ fees, costs, and expenses, and Service Award to the Settlement Class Representative will be filed by October 10, 2025.

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you send an objection, you do not have to come to the hearing to talk about it. As long as you mail or file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include a statement in your written objection (see FAQ 20) that you intend to appear at the hearing. Be sure to include your name, address, and signature as well. You cannot speak at the hearing if you opt out or exclude yourself from the Settlement.

If you are a Settlement Class Member and do nothing, you will not get any money from this Settlement, and you will not be able to sue The Bank of Canton or other released parties for the claims released by the Settlement Agreement.

This website summarizes the proposed Settlement. More details are in the Settlement Agreement and other case documents available on the Documents page, by accessing the docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.mad.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the District of Massachusetts, 1 Courthouse Way, Suite 2300, Boston, Massachusetts 02210, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

All reissue requests must be sent in writing to the Settlement Administrator at the address listed below:

MOVEit Gilmore v. The Bank of Canton
Settlement Administrator
PO Box 4875
Portland, OR 97208-4875

If the name of the Class Member on the check should be changed, please send in documentation, as applicable, according to the following checklist:

• Name Change – If your name has changed, please provide documentation showing this to be the case, which can include documents such as a marriage certificate or court papers indicative of a name change.

• Name Removal – In order to have a name removed from a check reissue, either have both parties on the check sign a letter and return the check, or return the check with documentation that shows that one party is unable to negotiate the check (i.e., death certificate).

• Deceased Class Member – If the Class Member indicated on the check is deceased, please submit acceptable documentation showing that you are the beneficiary of his or her Estate. Acceptable documentation may be a death certificate, together with the pertinent portion of the Will, or Court Order/Letters Testamentary naming you as Personal Representative, Administrator, Executor, or Executrix.

• Incapacitated Class Member – If the claimant cannot act on his or her own behalf, please submit acceptable documentation such as Power of Attorney or guardianship or custodial paperwork.

• Closed Business – If the business is no longer active, please provide documentation of the business closure or asset sale.

For reasons of security, a check reissue cannot take place until the original check is received back by us, a mailing has been returned to us as undeliverable, or the original stale date of the check has passed or expired.

Because one of these events must occur before we can act on your request, it is not possible for us to provide an estimated date for the reissue to take place. We thank you for your patience.

Your check reissue request is in process. We are processing the information provided and will notify you if additional information is required. For security reasons, a check reissue cannot take place until the original check is received back by us, the mailing has been returned to us as undeliverable, or the original stale date of the check has passed or expired. We thank you for your patience.

Unfortunately, it is generally not possible to expedite a check reissue.

You received this email because you filed a claim and were determined to be eligible for a payment in a class action settlement MOVEit Gilmore v. The Bank of Canton. By default, individuals eligible for payments should have received a prepayment notification email before they received an email containing a link to claim their payment. This is normal. If you do not immediately claim your payment, you may also receive reminder emails from noreply@digitaldisbursements.com.

According to our records, you are a class member eligible to receive a settlement payment in MOVEit Gilmore v. The Bank of Canton, and you filed a claim wherein you elected to receive your payment digitally. You are being sent your payment digitally based on a selection you made when submitting your claim.

According to our records, you are a class member eligible to receive a settlement payment in MOVEit Gilmore v. The Bank of Canton, and you filed a claim wherein you elected to receive your payment digitally. The email address you received your payment notification at, as well as the name listed in your emails, is based on information we received as part of a complete and approved claim submission.

Claiming your payment is simple and easy. All digital payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed.

Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts.

Emails regarding digital payments for this matter commenced on January 21, 2026, and digital payments will be available to claim through February 20, 2026. During that window, Epiq digital payment emails were or will be sent from noreply@digitaldisbursements.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

The digital payment options presented to you when you click ‘Claim Payment’ in your Digital Disbursement email are the only options available to you under this settlement. If none of the options presented to you on the selection screen are of interest to you, a paper check option may be available for this settlement. Please note that the paper check reissue process can take 4-6 weeks to complete.

Due to variability in individual user email account security settings, Digital Disbursements emails can sometimes go to junk or SPAM folders. Please search your inbox for emails from noreply@digitaldisbursements.com. If you find any follow up emails there, move them to your inbox and/or mark the email as from a ‘trusted sender’, so that future Digital Disbursements emails regarding this settlement do not end up in those folders.

Once you have made your choice to redeem your payment digitally, Epiq can no longer convert your payment into a check.

If you did not claim your payment by the expiry date listed in your Digital Disbursement emails, the link will expire, and you will no longer be able to claim your payment digitally.

This website summarizes the proposed Settlement. More details can be found in the Settlement Agreement and other case documents available on the Documents page of this website, by accessing the docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.mad.uscourts.gov, or by visiting the office of the Clerk of Court for the United States District Court for the District of Massachusetts, 1 Courthouse Way, Suite 2300, Boston, Massachusetts 02210, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

If you have additional questions, you may contact the Settlement Administrator, Epiq, at 1-888-884-3492 or by writing to the following address:

Gilmore v. The Bank of Canton
Settlement Administrator
PO Box 4875
Portland, OR 97208-4875

You can speak with Class Counsel by calling 1-412-322-9243 or by writing to: The Bank of Canton Class Action; Lynch Carpenter, LLP; Attn: Gary F. Lynch; 1133 Penn Avenue, 5th Floor; Pittsburgh, PA 15222.

PLEASE DO NOT CONTACT THE COURT, THE COURT CLERK’S OFFICE, OR DEFENDANT TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.