GuidesOctober 18, 2026·4 min read

How to Claim Lost Time in a Data Breach Settlement

Many data breach settlements pay for hours you spent responding to the breach. Here's what qualifies, how to log it, and how to fill out that part of the form.

To claim lost time in a data breach settlement, list the hours you spent responding to the breach in the lost time section of the claim form, describe what you did, and sign the attestation. Many settlements pay a set hourly rate for a capped number of hours, and some accept a short written description for a few hours without documents, while requiring more support for additional time. The exact rate, cap and requirements vary by settlement and are listed in the notice and claim form.

What lost time usually covers

Lost time generally means time reasonably spent dealing with the consequences of the breach. Common qualifying activities include:

  • ✓Reviewing bank and card statements for suspicious activity.
  • ✓Freezing your credit or setting up fraud alerts with the credit bureaus.
  • ✓Changing passwords and security questions on affected accounts.
  • ✓Calling banks, card issuers or the company that was breached.
  • ✓Disputing fraudulent charges or accounts.
  • ✓Filing identity theft reports with the FTC or police.
  • ✓Enrolling in and checking credit monitoring.

Time spent filing the settlement claim itself usually doesn't count. Reading general news about the breach usually doesn't either.

How lost time payments are typically structured

  • ✓A fixed hourly rate set by the settlement.
  • ✓A cap on the number of hours, sometimes with a lower cap for undocumented time.
  • ✓An overall cap shared with other reimbursement categories, such as out-of-pocket losses.
  • ✓Pro rata reduction if total claims exceed the available fund.

Because these terms differ from case to case, read the specific settlement's notice. Don't assume one breach settlement's rules apply to another.

How to log your time

The best time to log your hours is as you spend them. A simple log with these columns works well:

  1. 1Date.
  2. 2What you did, such as froze credit at all three bureaus or called the bank about a fraud charge.
  3. 3How long it took.
  4. 4Any reference number, confirmation email or screenshot.

If you didn't keep a log, reconstruct one honestly using email timestamps, phone call history and account activity. Estimate conservatively.

Be accurate, not generous

Lost time claims are signed under penalty of perjury. Round reasonably, describe real activities, and don't pad the hours. Administrators look for inflated or copy-paste claims.

Filling out the claim form

  • ✓Enter the total hours in the lost time section, within the cap.
  • ✓Describe the activities briefly but specifically. Many forms have checkboxes plus a text box.
  • ✓Attach documentation if the form asks for it, especially for hours above any undocumented limit.
  • ✓Check whether lost time can be combined with out-of-pocket losses or must be chosen instead of a flat cash payment.

Lost time vs other options

Some settlements let you claim lost time alongside documented losses, while others make you choose between reimbursement categories and a flat payment. Do the math: multiply your hours by the stated rate, add any documented losses, and compare that with the flat option. Our guide to data breach settlement payouts explains the common structures, and our guide to documenting out-of-pocket losses covers the reimbursement side.

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A sample log entry

A useful entry is short and specific. For example, a hypothetical log might read: date, froze credit at the three nationwide bureaus, 45 minutes, confirmation emails saved. Another might read: date, called card issuer to dispute an unrecognized charge, 30 minutes, dispute reference number noted. Entries like these are easy for a reviewer to understand and easy for you to total.

Common mistakes

  • ✓Claiming the maximum hours by default instead of what you actually spent.
  • ✓Describing activities so vaguely that they could apply to anything.
  • ✓Including time spent on unrelated accounts or a different breach.
  • ✓Forgetting to check whether lost time is an alternative to the flat cash payment rather than an addition.

If you spent a lot of time

People who dealt with actual identity theft sometimes spend far more time than any lost time cap covers. In that case, check whether the settlement offers a separate category for extraordinary losses or identity theft, and keep detailed records. If your losses are substantial, a lawyer can help you weigh whether the settlement's terms are adequate before the opt-out deadline.

SettleScout matches you to data breach settlements and reminds you before deadlines, giving you time to pull your log together and claim the hours you actually spent.

Frequently Asked Questions

How much do data breach settlements pay for lost time?

It varies by settlement. Many pay a fixed hourly rate up to a capped number of hours, and payments may be reduced pro rata if many people claim. The notice lists the specific terms.

Do I need proof to claim lost time?

Often a short description and a signed attestation are enough for a limited number of hours. Additional hours may require documentation. Check the claim form's requirements.

Does time spent filing the claim count as lost time?

Usually not. Lost time typically covers activities responding to the breach itself, such as freezing credit, monitoring accounts or disputing fraud.

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