MGM Resorts International September 2023 Data Breach Class Action

CLASS ACTION ARISING OUT OF A CONFIDENTIALITY INCIDENT INVOLVING PERSONAL INFORMATION

 NOTICE OF A CLASS ACTION SETTLEMENT APPROVAL HEARING

YOU HAVE NOTHING TO PAY IN ORDER TO REMAIN INCLUDED IN THIS CLASS ACTION AND IN ORDER TO PARTICIPATE IN THE PROPOSED SETTLEMENT

The Superior Court of Québec will hold a hearing to decide whether to approve a proposed settlement of a class action arising out of a confidentiality incident involving personal information of its customers, which occurred in or about September 2023 (the “2023 Confidentiality Incident”) involving MGM Resorts International (“MGM”). The proposed settlement in question is related to both the 2023 Confidentiality Incident and another cybersecurity attack on MGM’s network carried out by third-party intruders who may have accessed certain personal information belonging to its customers involving MGM which occurred in July 2019 (the “2019 Confidentiality Incident”).

The 2019 Confidentiality Incident and the 2023 Confidentiality Incident are collectively referred to as the “Confidentiality Incidents”.

MGM denies all allegations and liability. No court has found MGM liable. The parties have agreed to settle to avoid the risk and expense of continued litigation.

Who is Included

A class action instituted by Mr. Dahan against MGM was filed before the Superior Court of Québec, district of Montréal, bearing court file number 500-06-001280-235 (the “Dahan Class Action”). Class members are all persons in Canada (including estates, executors, and personal representatives) whose personal and/or financial information was lost by or stolen from MGM in the September 11, 2023 Confidentiality Incident.

Other proceedings have been filed that will be resolved by the proposed settlement, including the class action instituted by Mr. Zuckerman against MGM in the Superior Court of Québec (district of Montréal, file number 500-06-001078-209) (the “Zuckerman Class Action”), and the class action instituted by Ms. Thandi against MGM in the Supreme Court of British Columbia (file number VLC-S-S-207149) (the “Thandi Class Action”) concerning the 2019 Confidentiality Incident.

What the Settlement Provides

MGM will pay CAD $4,000,000 (the “Settlement Fund”) to resolve Canadian Class Actions relating to both Confidentiality Incidents. Subject to the Courts’ approval, after class counsel fees, disbursements, and administration costs, the remaining funds may be used to provide, to eligible claimants who submit valid and timely claims (subject to the Settlement terms and any pro rata adjustments):

• Compensation for substantiated losses up to CAD $20,000 per approved claim.
• The reimbursement of up to one year of future credit monitoring expenses tied to the Confidentiality Incident(s).
• Compensation for unsubstantiated losses: up to CAD $150 for members included in only one of the Confidentiality Incidents or up to CAD $300 for members of both the Confidentiality Incidents. Amounts may be adjusted up or down pro rata depending on the number and value of approved claims, up to maximums of CAD $500 (if included in only one of the Confidentiality Incidents) or CAD $1,000 (if included in both Confidentiality Incidents).

Distribution Protocol

Class Members may elect to submit a claim for one or more of the following:

• Monetary Benefits for Substantiated Losses;
• Reimbursement of Future Credit Monitoring Expenses; and
• Monetary Benefits for Unsubstantiated Losses.

Class Members submitting a Substantiated Losses Claim must complete, sign, and date the Settlement Claim Form and provide reasonable supporting documentation as specified in the form. For clarity, the email or letter from MGM notifying you of the Confidentiality Incident(s) does not constitute supporting documentation for a Documented Loss. Settlement Class Members submitting a Claim for a Substantiated Loss will also be included in the distribution of Monetary Benefits for Unsubstantiated Losses, regardless of the determination of their Claim for a Substantiated Loss.

Settlement Class Members submitting a reimbursement for Future Credit Monitoring Expenses must complete, sign and date the Settlement Claim Form and provide reasonable supporting documentation as specified in the form.

Settlement Class Members submitting an Unsubstantiated Losses Claim must complete, sign, and date the Settlement Claim Form.

Class Counsel Fees

Class counsel will seek Court approvals for legal fees of CAD $1,200,000, plus applicable taxes and disbursements, to be paid exclusively from the Settlement Fund and shared between counsel for the Quebec and British Columbia Class Actions. The Court may approve the Settlement even if it denies the requested legal fees.

Your Options

1. Do nothing now (you have nothing to pay). If the settlement is approved, you will be bound by the judgment and release and may submit a claim by the claims deadline to receive benefits. Instructions and deadlines will be posted at MGMDataSettlement.ca.

2. Opt out. If you do not wish to be bound or receive any benefits, submit the opt-out form by May 17, 2026, to the clerk of the Superior Court of Québec (Greffe de la Cour supérieure du Québec, 1, rue Notre-Dame Est, Montréal (Québec) H2Y 1B6). In addition, you may also send a copy of this form by email to Class Counsel at the address below.

3. Object or comment. If you do not opt out, you may object to or comment on the settlement by sending a written submission to Class Counsel or to the Claims Administrator no later than May 13, 2026. Include your full name, contact information, brief reasons, whether you will attend in person or through a lawyer (with the lawyer’s contact information) and a statement that the foregoing is true and correct.

Class Members retain the right to object to the Settlement in person on the day of the Settlement Approval Hearing, even if you did not submit a written objection by the specified deadline. The settlement approval hearing will take place on May 20, 2026 at 9:30 am, Superior Court of Québec, 1 Notre-Dame Street East, Montreal, Quebec H2Y 1B6, Room 15.02. Remote attendance will be available by Microsoft Teams: Teams Link. The date and time may change; updates will be posted at www.MGMDataSettlement.ca.

For more information

Lex Group Inc. acts as Class Counsel in Québec for the Dahan Class Action and the Zuckerman Class Action. Any legal fees, disbursements, and applicable taxes payable to class counsel will be subject to approvals by the Courts and will be paid from the Settlement Fund. You do not have to pay for these legal fees and disbursements.

To contact Class Counsel:

Lex Group Inc.

Mtre David Assor
4101 Sherbrooke Street West,

Westmount, QC H3Z 1A7
Phone: (514) 451-5500, extension 101

Fax: (514) 940-1605

Email: [email protected]

For the Settlement Agreement, claim forms, deadlines, and updates, visit the Settlement Website at www.MGMDataSettlement.ca or contact the Claims Administrator at:

Concilia Services Inc.
Attn: MGM Data Settlement

5900 Andover Avenue, Suite 1

Montreal, QC, H4T 1H5

Phone: 1-888-959-5770

Email: [email protected]

In case of any discrepancy between this notice and the Settlement Agreement, the Settlement Agreement prevails.

___________________________________________________________________

Lex Group Inc. has launched a national Canadian class action against MGM Resorts International regarding the data breach that involved the theft of the personal and/or financial information of MGM Resorts International clients (guests), including clients in Canada. This data breach occurred on or before September 11, 2023.

MGM Resorts International is a Las Vegas (U.S.A.) based company primarily known for managing numerous resorts and hotels in Las Vegas but also in other locations of the United-States and around the world. MGM Resorts International only informed a certain number of its Canadian clients affected by the data breach at the end of November 2023.

The stolen information involved in this September 2023 Data Breach includes without limitation the MGM clients’ name, contact information (such as phone number, email address, and postal address), gender, date of birth, and driver’s license number, Social Security/insurance number, passport number and wedding anniversary date

The data breach involves clients having stayed at one of MGM Resorts’ hotels, including but not limited to the following locations:

• MGM Grand (Las Vegas);
• Aria (Las Vegas);
• Bellagio (Las Vegas);
• Circus Circus (Las Vegas);
• Excalibur (Las Vegas);
• Luxor (Las Vegas);
• Mandalay Bay (Las Vegas);
• The Mirage (Las Vegas);
• New York-New York (Las Vegas);
• Park MGM (Las Vegas);
• Signature at MGM Grand (Las Vegas);
• MGM Grand Detroit (Detroit, Michigan);
• Beau Rivage (Biloxi, Mississippi);
• Gold Strike Tunica (Tunica, Mississippi);
• Borgata (Atlantic City, New Jersey);
• MGM National Harbor (Prince George’s County, Maryland);
• MGM Springfield (Springfield, Massachusetts).

Accordingly, if you have been a client of MGM Resorts International and if you residein Canada, your personal information may have been stolen or compromised and you may be part of the proposed Class defined by the class action initiated by our office.

Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.

Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.

By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action, but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial application for authorization to institute a class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.