Phil Smith Automotive Data Breach Settlement, Are You Eligible to Claim? File Before April 27, 2026
Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official court records and the RG2 Claims Administration settlement website on April 22, 2026. Last Updated: April 22, 2026
What Is the Phil Smith Automotive Settlement?
The Phil Smith Automotive Data Breach Settlement is a data breach class action where eligible U.S. residents whose personal information was compromised in a February 2025 cyberattack can receive up to $5,000 in reimbursed out-of-pocket expenses — plus three years of credit monitoring — by filing a claim before April 27, 2026. Plaintiff William Gillis sued Phil Smith Management, Inc. d/b/a Phil Smith Automotive Group, alleging the company failed to protect sensitive employee and customer data from unauthorized access. The parties agreed to a $374,632 settlement fund now pending final court approval on April 29, 2026.
Quick-Facts
| Field | Detail |
| Settlement Amount | $374,632.50 total fund |
| Claim Deadline | April 27, 2026 (online submission or postmark) |
| Who Qualifies | All U.S. residents who received written notification from Phil Smith Automotive Group that their personal information was potentially compromised in the February 2025 Security Incident |
| Payout Per Person | Up to $5,000 for documented out-of-pocket losses (with proof); alternative pro-rata cash payment (no proof required, amount determined by claims volume); up to $2,500 service award for Class Representative only |
| Proof Required | Yes — for out-of-pocket expense claims; No — for alternative cash payment |
| Settlement Status | Proposed — Pending Final Court Approval (hearing April 29, 2026) |
| Administrator | RG2 Claims Administration LLC — [email protected] / (866) 742-4955 |
| Official Website | philsmithdatasettlement.com |
| Last Updated | April 22, 2026 |
Current Status & What Happens Next
- The opt-out and objection deadlines have both passed (March 27, 2026). Class members who did not opt out are automatically included in the settlement and may still file a claim before April 27, 2026.
- The Final Fairness Hearing is scheduled for April 29, 2026, at 2:00 p.m. at the U.S. Federal Building and Courthouse, 299 East Broward Boulevard, Room 108, Fort Lauderdale, FL 33301, before the Honorable Melissa Damian.
- If the Court grants final approval and no appeals are filed, settlement payments will be distributed within 45 days after the Effective Date — the Effective Date falls approximately 31 business days after final approval assuming no appeals.
What Is the Phil Smith Automotive Lawsuit About? Gillis v. Phil Smith Management, Inc., No. 0:25-CV-61610-MD
On February 8, 2025, an unauthorized party gained access to Phil Smith Automotive Group’s information technology systems and exfiltrated sensitive personal data stored on those systems. The company discovered the breach on that same date and, in or around July 2025, began sending data breach notification letters to approximately 13,145 potentially affected individuals. Defendant provided substitute notice via its website and local media outlets for 871 individuals for whom no mailing or email address could be located.
Plaintiff William Gillis filed a class action complaint in the United States District Court for the Southern District of Florida, Fort Lauderdale Division on August 8, 2025. The lawsuit alleges that Phil Smith Automotive Group violated its duty to maintain reasonable data security under Florida negligence law and common law, resulting in the unauthorized access and exfiltration of personally identifiable information (PII) — specifically names, driver’s license or state identification numbers, and Social Security numbers. Consumers suffered harm in the form of exposure to identity theft risk, unauthorized use of their Social Security numbers, and the time and expense required to monitor and protect their financial accounts.
Who Is Eligible for the Phil Smith Automotive Settlement?
The Settlement Class covers all U.S. residents who were notified by Phil Smith Management, Inc. d/b/a Phil Smith Automotive Group that their personal information was potentially compromised in the February 2025 Security Incident. Use this checklist:
- You may qualify if you received a written notification letter from Phil Smith Automotive Group in or after July 2025 stating that your personal information may have been exposed.
- You may qualify if your name combined with your driver’s license number, state ID number, or Social Security number was stored in Phil Smith Automotive Group’s systems as of February 8, 2025.
- You may qualify if you are a U.S. resident and did not submit a valid opt-out request before the March 27, 2026 deadline.
- You do NOT qualify if you are Phil Smith’s officer or director, a judge or judicial staff member assigned to this case, any person found criminally liable for causing the breach, or anyone who timely and validly opted out.
How Much Money Can You Get from the Phil Smith Automotive Settlement?
The settlement offers three stackable benefit options. You may file for any combination you qualify for, but you cannot claim both out-of-pocket expense reimbursement and the alternative cash payment — you must choose one.
Option 1 — Documented Out-of-Pocket Expense Reimbursement (with proof, up to $5,000): Covers unreimbursed losses traceable to the February 8, 2025 Security Incident, including bank fees, long-distance phone charges, cell phone charges (if billed by the minute), data charges (if billed by usage), postage, gasoline for local travel, and fees paid for credit reports, credit monitoring, or identity theft insurance products purchased between February 8, 2025 and April 27, 2026. Supporting documentation — such as receipts or account statements — is required. Self-prepared documents such as handwritten receipts are insufficient on their own.
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Option 2 — Alternative Cash Payment (no proof required): Class members who do not document losses may elect a pro-rata cash payment instead. The exact amount depends on how many class members file valid alternative cash payment claims. The Settlement Administrator calculates the per-person amount by dividing the Net Settlement Fund remaining after out-of-pocket claims and credit monitoring costs are deducted by the total number of valid alternative payment claims submitted. The specific dollar amount is TBD — determined by total claims volume after the April 27, 2026 claims deadline.
Option 3 — Credit Monitoring (all class members, no proof required): Three years of IDX credit monitoring, which includes proactive credit and identity monitoring, personalized recovery assistance, and reimbursement for expenses. IDX credit monitoring carries an estimated retail value of $900.00 per year. If you previously accepted Phil Smith’s initial offer of two years of free credit monitoring, this settlement adds three additional years on top of that, for a total of five years.
Step-by-Step: How to File Your Phil Smith Automotive Claim Form
- Visit the official claim portal at philsmithdatasettlement.com — you will need the unique Login and Password printed on the notice letter you received from Phil Smith.
- Enter your personal details — name, address, and contact information exactly as they appear on your breach notification letter.
- Select your benefit option — choose either out-of-pocket expense reimbursement or the alternative cash payment (not both), and indicate whether you want to enroll in three years of IDX credit monitoring.
- Upload supporting documentation — if claiming out-of-pocket expenses, attach receipts, account statements, or other third-party documentation showing losses traceable to the February 8, 2025 breach. Self-prepared documents alone will not be accepted.
- Submit your claim form before April 27, 2026 (online submission or postmarked by that date if mailing).
- Save your confirmation — record your submission confirmation for follow-up if RG2 requests additional information to validate your claim.
Estimated time to complete: 5–10 minutes online.
To mail your claim instead, download the form at philsmithdatasettlement.com and send it to: Phil Smith Management Settlement, c/o RG2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102-9479.
Important Deadlines & Dates
| Milestone | Date |
| Security Incident Discovered | February 8, 2025 |
| Class Action Filed | August 8, 2025 (Case No. 0:25-CV-61610-MD) |
| Settlement Agreement Signed | October 9, 2025 |
| Notice of Settlement Filed with Court | October 16, 2025 |
| Settlement Agreement Filed with Court | November 24, 2025 |
| Breach Notification Letters Mailed | On or about July 2025 |
| Opt-Out Deadline | March 27, 2026 — PASSED |
| Objection Deadline | March 27, 2026 — PASSED |
| Claim Filing Deadline | April 27, 2026 |
| Final Fairness Hearing | April 29, 2026 at 2:00 p.m. — U.S. Federal Building and Courthouse, 299 East Broward Blvd. #108, Fort Lauderdale, FL 33301 |
| Expected Payment Date | TBD — payments issued within 45 days after the Effective Date, which occurs approximately 31 business days after final approval (assuming no appeals) |
Frequently Asked Questions
1. Do I need a lawyer to file a Phil Smith Automotive settlement claim?
No. The Court appointed Nicholas A. Colella and Gerald D. Wells, III of Lynch Carpenter LLP as Class Counsel to represent all class members at no cost to you. You can file your claim directly at philsmithdatasettlement.com without hiring your own attorney. Class Counsel may request attorneys’ fees of up to one-third of the $374,632.50 Settlement Fund — that amount is decided by the Court, not deducted from your individual claim.
2. Is this Phil Smith Automotive settlement legitimate?
Yes. Gillis v. Phil Smith Management, Inc. d/b/a Phil Smith Automotive Group, Case No. 0:25-CV-61610-MD, is a real case pending before Judge Melissa Damian in the United States District Court for the Southern District of Florida, Fort Lauderdale Division. The settlement administrator is RG2 Claims Administration LLC, an experienced class action claims administration firm. You can verify the case at the courthouse at 299 East Broward Boulevard, Fort Lauderdale, FL 33301.
3. When will I receive my Phil Smith Automotive settlement payment?
Payments will be distributed within 45 days after the Effective Date. The Effective Date occurs approximately one business day after all appeals are exhausted — or roughly 31 business days after the April 29, 2026 Final Fairness Hearing, assuming no appeals are filed. No earlier payment date has been confirmed by RG2 Claims Administration.
4. What if I missed the Phil Smith Automotive claim deadline?
The claim deadline is April 27, 2026. If that date has passed when you read this, the claims period is closed and you can no longer receive settlement benefits. Because the opt-out deadline of March 27, 2026 has also passed, you are automatically bound by the settlement release and cannot file an independent lawsuit against Phil Smith Automotive Group regarding the February 2025 breach.
5. Will this settlement payment affect my taxes?
Settlement payments may be taxable depending on the nature of the benefit received. Reimbursements for documented out-of-pocket losses are often treated differently than general pro-rata cash payments. Consult a qualified tax professional about your specific situation — RG2 Claims Administration cannot provide tax advice.
6. What specific personal data was exposed in the Phil Smith Automotive breach?
The data exfiltrated in the February 2025 cyberattack included names combined with driver’s license numbers, state identification numbers, and/or Social Security numbers. According to the Settlement Agreement, approximately 13,145 individuals were potentially affected — 12,274 who received direct notification letters and 871 who were notified via substitute notice through Phil Smith’s website and local media outlets.
7. Can I still opt out of the Phil Smith Automotive settlement?
No. The opt-out deadline was March 27, 2026, and it has passed. If you did not submit a valid opt-out request before that date, you are automatically a class member, bound by the settlement terms, and eligible to file a claim before April 27, 2026.
8. What is the alternative cash payment and how much will I receive?
The alternative cash payment is a no-documentation option for class members who did not incur — or cannot document — specific out-of-pocket losses. The exact amount per person is TBD — determined after the April 27, 2026 claims deadline, calculated by dividing the remaining Net Settlement Fund (after out-of-pocket claims, credit monitoring costs, attorneys’ fees, and the class representative service award are deducted) by the number of valid alternative payment claims submitted.
Sources & References
- Official Settlement Website: philsmithdatasettlement.com — RG2 Claims Administration LLC
- Settlement Agreement (Court Filed): philsmithdatasettlement.com/pdf/Settlement_Agreement.pdf — Case No. 0:25-CV-61610-MD, U.S. District Court, Southern District of Florida
- Long-Form Notice: philsmithdatasettlement.com/pdf/PSMgmnt_Long_Form_Notice_Final.pdf
- U.S. District Court, Southern District of Florida — 299 East Broward Boulevard #108, Fort Lauderdale, FL 33301
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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