I think it’s a good point, though, to think about whether you’re likely to actually exercise your right to sue them. It also sounds like there’s a separate provision for people who actually suffered a documented loss (identity theft, presumably) due to the breach. I can’t find any information about whether the $31M cap applies to that provision – if you can document losses of $X, it’s hard to imagine that they’d be liable for 1/10th of X just because a lot of people filed. I also saw that you can file claims against the settlement indefinitely for losses that are discovered after the fact. Would it make sense to claim your “flat rate” now, even if reduced, then file again if you discover an actual loss in the future?
