Two Companies, One Address, Two Different Letters — and a Single $850,000 Settlement That Closes October 22. You Do Not Need the Notice ID, and the Official Documents Disagree About Which Receipts Count.
Kennedy v. EFS Advisors, LLC, No. 30-cv-24-649, is one settlement covering two separate groups of people who got letters ten and a half weeks apart: clients of an investment advisory firm, and participants in employer benefit programs run by a different company trading as Aviben. Both sit at 1995 E. Rum River Drive S. in Cambridge, Minnesota; and no document we read establishes that either owns the other. $50 with no proof at all, up to $2,500 with receipts, one year of three-bureau credit monitoring — and the claim portal explicitly lets you file without a Notice ID. One warning the aggregator sites are getting wrong: the settlement agreement and the claim form say credit-monitoring costs count from December 6, 2024, while the mailed notice says February 22, 2024.
By Settlement Insight Data Desk ·

The confusion this settlement causes, resolved first
People are searching for two different names because two different letters went out. Here is the relationship, as far as the public record actually establishes it — and no further.
EFS Advisors, LLC describes itself to state regulators as “an investment advisory firm with its headquarters in Cambridge, Minnesota.” It notified its own clients — and named beneficiaries of clients — on May 23, 2024.
Educators Benefit Consultants, LLC is “a third-party administrator that contracts with employers to administer employee benefit programs.” Its letter told recipients plainly: “You may also know Educators Benefit Consultants as Aviben.” That mailing went out on August 6, 2024 — seventy-five days after the first one.
They share a street address, 1995 E. Rum River Drive S., and they used the same outside lawyer for the breach notifications. Each was sued separately in Isanti County — Kennedy v. EFS Advisors, LLC, No. 30-cv-24-649, and Miller v. Educators Benefit Consultants, LLC d/b/a Aviben, No. 30-cv-24-659 — and the two cases were consolidated on January 29, 2025 into the first-filed one. That is why only the EFS name appears on the settlement today.
What we could not establish, and are not going to imply: a parent company, an ownership stake, a subsidiary relationship or any other corporate link between the two. None of the notification letters, none of the attorney-general filings and none of the four settlement documents names one. A shared address, a shared law firm and a shared outside IT provider are circumstances, not a corporate structure. One widely syndicated write-up describes the two as appearing jointly “as third-party employee benefits administrator Aviben”; no official filing supports that, and EFS never mentions Aviben in its own letters at all.
Either letter puts you in the same settlement. That is the practical answer most people are looking for.
What happened: a zero-day at somebody else's IT provider
Both companies describe the cause in one identical sentence, word for word: “The investigation determined that the incident resulted from a zero-day vulnerability in a software program used by an external IT provider (meaning a security vulnerability that is exploited before it has been patched by the software company).” Neither the provider nor the software is named anywhere.
California's breach registry records the incident dates as February 21, 22 and 23, 2024. The settlement agreement puts detection at “on or about February 22, 2024,” when “Defendants detected a data security incident where an unauthorized third party attempted to infiltrate Defendants' computer network during which the unauthorized actor may have acquired impacted individuals' Private Information.” Educators Benefit Consultants’ letter says the investigation “concluded on July 11, 2024”; the EFS letter names no closing date.
The data differs by person and by company. EFS told the Iowa attorney general the exposure covered “names, mailing addresses, dates of birth, driver's license numbers, bank account numbers, and/or Social Security numbers.” Aviben's letter to individuals adds military ID and passport numbers, and is explicit that “the types of information affected were different for each individual, and not every individual had all of the elements listed above exposed.”
There was a third mailing on March 26, 2025 — a later EFS notification, filed with Maine's attorney general and cross-referenced to the May 2024 one. How many people it covered is not published.
How many people in total? No settlement document says. We searched the notice, the 41-page agreement, the claim form and the preliminary approval order; the class size appears in none of them, only as a “Class List” the defendants hand the administrator. Figures of 31,042 and 39,640 circulate, sourced to Maine's breach database, which returned HTTP 403 to us three times running — so we are reporting them as unverified rather than as fact. What we read ourselves: 2,459 Iowa residents for EFS, plus 8 and 4 Rhode Island residents for the two companies. We have deliberately not added the two national numbers together: nobody says whether the two groups overlap.
The money — and why $850,000 is a ceiling, not a fund
The wording matters, and it is consistent across the documents: “the maximum amount Defendants will pay is $850,000.00, which includes all payments to Settlement Class Members, Class Counsel's award for Attorneys' Fees and Costs, Service Awards for the Class Representatives, notice and administration expenses, credit monitoring, and any other payments required under the Settlement.” The agreement adds: “Under no circumstances shall Defendants be obligated to pay more than $850,000.”
No document states a minimum. That is the difference between a cap and a common fund: money nobody claims is money nobody pays. We searched the full agreement for a floor and found none.
| Benefit | Amount | Proof required |
|---|---|---|
| Alternative Cash Payment | $50.00 | None |
| Documented out-of-pocket losses | up to $2,500.00 | Receipts, statements, invoices — self-written notes are expressly not enough |
| Credit monitoring | 1 year, three bureaus, with at least $1,000,000 identity-theft insurance | None |
You may take the $50 or the documented losses, not both — the portal says so outright: “You cannot claim both Documented Out-of-Pocket Losses and the Alternative Cash Payment.” Credit monitoring stacks with either: “Individuals who elect an Alternative Cash Payment, however, are still eligible to elect Credit Monitoring.”
There is no lost-time payment in this settlement. That is a real finding, not a gap in our reading: we had the full text of the notice, the agreement and the claim form, and searched all three for “lost time,” “time spent,” “attested,” “self-certif” and “hourly.” Zero hits. Other settlements we read the same week pay attested time at $20 to $40 an hour; this one has no such route at all.
Arithmetic worth doing before you set expectations: $850,000 less up to $325,000 in fees and costs, less $7,500 in service awards, leaves at most $517,500 — and notice, administration and a year of three-bureau monitoring for everyone who elects it come out of that before a single $50 payment. Cash payments are explicitly subject to pro-rata reduction “so that the total payments do not exceed the Aggregate Cap.”
The contradiction that can cost you a claim
If you are claiming reimbursement for credit monitoring you bought after the breach, the eligible window depends on which document you read.
| Document | Window starts |
|---|---|
| Mailed long-form notice, FAQ 8 | February 22, 2024 |
| Settlement agreement ¶ 63(a)(ii) | December 6, 2024 |
| Claim form | December 6, 2024 |
Two of three — including the contract that actually binds the parties and the form the administrator processes — say December 6, 2024. The aggregator write-ups have copied the notice's February date. Anyone submitting receipts from between February and December 2024 is relying on the minority version. We cannot tell you how the administrator will resolve it; we can tell you the safer course is to submit the receipts anyway and keep a copy, and to call 1-855-707-4306 if they are rejected.
There is a second, quieter mismatch, in who is even in the class. The judge's order defines it as “all living individuals in the United States who were sent a notice by Defendant that their Private Information was impacted in the Data Incident.” The agreement and the claim form define it as everyone “whose Private Information was potentially compromised”; the notice’s FAQ 5 says “potentially accessed.” If you were affected but never got a letter, one version includes you and the other does not — which is exactly the situation the claim portal seems built for (see below).
How to file — and no, you do not need the Notice ID
The claim form is the only route: “Submitting a Claim Form is the only way that you can receive Settlement Benefits.”
- Online: efsdatasettlement.com/submit-claim, until October 22, 2026.
- By mail, postmarked by October 22, 2026: EFS Data Security Incident Settlement, Attn: Claim Forms, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
- Notice ID: not required. The paper form labels the field “Notice ID (if known),” and the online portal offers the option “I did not receive a notice” at the login screen.
- A lawyer: not required. Four firms are already appointed as class counsel at no cost to you, and the notice adds that you may hire your own “at your own cost and expense.”
- Payment methods: PayPal, Venmo, Zelle, virtual prepaid card or a mailed check.
Money moves only after the settlement is final: “Cash Benefits will also be issued by the Settlement Administrator only after the Settlement is approved and becomes Final … there may be appeals that must be resolved.” Nobody should expect a payment in 2026.
Where the case stands
Preliminarily approved on June 5, 2026 by Judge Carrie A. Doom of the Isanti County District Court, Tenth Judicial District. The class is certified “for settlement purposes only,” and the defendants keep the right to argue it should never have been certified at all if the deal falls apart. The court “stays all proceedings in this Action until further order.”
No admission of anything: “Defendants do not in any way acknowledge, admit to, or concede any of the allegations.” And no ruling either way — “The Action has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendants.”
One oddity we noticed and could not explain. The mediation before Michael Ungar took place on July 31, 2025 “which was ultimately unsuccessful,” and the very next paragraph says the parties reached agreement in principle “on January 28, 2025” — six months before the mediation it is supposed to have followed. Almost certainly a typo for 2026, but the correct year is not stated anywhere, so we are not asserting one.
We also could not check whether anything has happened on the docket since June 5. Minnesota state-court records run through a portal we could not query, and CourtListener does not carry state cases. The motion for final approval is due around September 22 under the order's own 45-day rule.
The Data Behind This Story
- Case
- Kennedy, et al. v. EFS Advisors, LLC, et al., No. 30-cv-24-649
- Court
- Isanti County District Court, Tenth Judicial District, Minnesota
- Judge
- Hon. Carrie A. Doom
- Defendants
- EFS Advisors, LLC and Educators Benefit Consultants, LLC d/b/a Aviben — two separate companies, same address, consolidated January 29, 2025
- Incident
- February 21–23, 2024; detected on or about February 22, 2024; zero-day at an unnamed external IT provider
- Notification waves
- EFS May 23, 2024 · Aviben August 6, 2024 · a further EFS mailing March 26, 2025
- No proof payment
- $50.00, and it stacks with credit monitoring
- With receipts
- Up to $2,500.00 in documented out-of-pocket losses
- Credit monitoring
- 1 year, three bureaus, at least $1,000,000 identity-theft insurance
- Lost-time payment
- None — searched the notice, agreement and claim form; zero hits
- CLAIM DEADLINE
- October 22, 2026 — online or postmarked
- Opt-out / objection
- October 7, 2026
- Final approval hearing
- November 6, 2026, 9:00 a.m. CT, by Zoom — subject to change without further notice
- Notice ID required
- No — the form says “if known” and the portal has an “I did not receive a notice” path
- Cap, not a fund
- $850,000 maximum including fees, costs, notice, administration and credit monitoring; no minimum stated
- Administrator
- Angeion Group — 1-855-707-4306, efsdatasettlement.com
- Class size
- Not stated in any settlement document. Figures of 31,042 and 39,640 circulate from Maine's breach database, which we could not read (HTTP 403) — treat as unverified
- Source: Long Form Notice of Proposed Class Action Settlement, Kennedy v. EFS Advisors, LLC, No. 30-cv-24-649, PDF read September 4, 2026 — the caption, the $850,000 maximum and its inclusions (FAQ 8), the $50 alternative cash payment, the $2,500 documented-loss cap, the one-year three-bureau credit monitoring with $1,000,000 insurance, the reimbursable-expense list, the February 22, 2024 monitoring window, the class definition and exclusions (FAQ 5, 6), class counsel (FAQ 16), the $325,000 fee cap and $2,500-per-representative service awards (FAQ 17), the October 7 opt-out and objection deadlines (FAQ 18, 21), the October 22 claim deadline (FAQ 12), and the November 6, 2026 hearing (FAQ 23).
- Source: Settlement Agreement, same case, 41 pages, read in full September 4, 2026 — the February 22, 2024 detection language (¶ 4), the two underlying Isanti County cases and their causes of action (¶ 5), the January 29, 2025 consolidation and March 12, 2025 consolidated complaint (¶ 6), the July 31, 2025 mediation before Michael Ungar and the January 28, 2025 agreement-in-principle date (¶ 9–10), the no-admission clause (¶ 11), the Private Information definition (¶ 47), the class definition (¶ 55), the aggregate cap (¶ 62, 65), the benefit structure and the credit-monitoring window beginning December 6, 2024 (¶ 63–64), and the fee cap (¶ 107). A full-text search for “lost time,” “time spent,” “attested,” “self-certif” and “hourly” returned zero hits.
- Source: Order Granting Plaintiff's Motion for Preliminary Approval of Class Action Settlement, signed electronically by Judge Carrie A. Doom on June 5, 2026 — the full caption naming Daniel J. Kennedy, David Miller and Peter Gepson as plaintiffs, the class definition turning on who “were sent a notice” (¶ 4), settlement-purposes-only certification (¶ 3–4), the stay of proceedings (¶ 18), and the schedule including the November 6, 2026 Zoom hearing and the 45-day final-approval filing rule (¶ 17).
- Source: Claim Form PDF and the live claim portal at efsdatasettlement.com/submit-claim, read September 4, 2026 — the “Notice ID (if known)” field, the “I did not receive a notice” option, the December 6, 2024 credit-monitoring window, the mutual exclusivity of the $50 payment and documented losses, the documentation requirement, and the PayPal / Venmo / Zelle / prepaid card / check payment options.
- Source: EFS Advisors breach notification to the Iowa Attorney General, dated May 23, 2024 — “A total of two thousand four hundred and fifty-nine (2,459) residents of Iowa were potentially affected”; the data categories; the company's self-description as an investment advisory firm in Cambridge, Minnesota; signed by Kent Schutte, President.
- Source: Educators Benefit Consultants, LLC d/b/a Aviben notification letter — the “You may also know Educators Benefit Consultants as Aviben” sentence, the third-party-administrator self-description, the zero-day explanation, the July 11, 2024 conclusion of the investigation, and the per-individual data categories.
- Source: California Attorney General breach report SB24-590046 for Educators Benefit Consultants — breach dates given as February 21, 22 and 23, 2024.
- Source: Maine Attorney General breach database entries for both companies (notification dates May 23, 2024, August 6, 2024 and March 26, 2025). The pages returned HTTP 403 to WebFetch, to a proxy fetch and to curl with full browser headers on September 4, 2026, so the affected-person counts of 31,042 and 39,640 attributed to that database by several secondary sources are reported here as unverified, not as fact.
- Source: Gepson v. Educators Benefit Consultants, LLC, No. 0:24-cv-03301 (D. Minn.), filed August 16, 2024 and terminated October 8, 2024, Judge Jeffrey M. Bryan — metadata from the CourtListener search API. The docket page itself returned HTTP 202 with a zero-byte body and the entry API required authentication, so the reason for termination is unknown to us.
Journalists: these figures are free to cite with attribution to Settlement Insight. Custom data pulls: press@settlementinsight.com.