Business Operator Settlement Class Members who closed their business during February 18-19, 2025 (the "Closure Period"), may submit a Business Loss Claim for documented, unreimbursed Compensable Business Losses by completing and timely submitting the Claim Form with documentation to support the Claim.

Compensable Business Losses are lost profits and out-of-pocket expenses incurred during the Closure Period that have not been reimbursed by insurance or another source. Lost profits shall be calculated using the business’s average daily net profit, defined as gross revenues minus ordinary and necessary operating expenses, based on the business’s performance on Tuesdays and Wednesdays during the preceding 24 weeks. Total lost profits shall equal the average daily net profit multiplied by the number of days the business was closed, not to exceed two days.

Business Loss Claims must include supporting documentation as follows:

Lost profits: Records sufficient to substantiate both revenues and expenses, which may include profit-and-loss statements, point-of-sale or sales transaction reports, bank statements reflecting business deposits and withdrawals, payroll records, vendor invoices, utility bills, rent or lease payment records, operating expense documentation, tax filings or internal financial statements, other business records, and other expense documentation.
Unreimbursed out-of-pocket expenses: Records to substantiate the nature and amount of the expenses, such as invoices, receipts, payment records, contracts, or other expense documentation, including third-party records.

Business Class Members must also provide documentation that establishes that their business was closed, in whole or in part, during all or a portion of the Closure Period. Self-prepared documents (such as handwritten receipts or summaries created by the Settlement Class Member) are not sufficient to support reimbursement but may be considered by the Settlement Administrator to supplement or clarify other, independent documentation.

Note: If a Settlement Class Member submits a Business Loss Claim, they cannot submit a Residual Settlement Fund Claim. They also cannot submit an Employee Lost Wages Claim for themself or for someone in their household who works for their business.

The Claim Form is available here and provides detailed instructions on how to calculate lost profits and complete the Claim. The maximum amount of a Business Loss payment will be $5,000, even if their documented Compensable Business Losses exceed this amount.

Cottrell v. SPS Technologies LLC