Saks Fifth Avenue, Saks OFF 5TH, and Lord & Taylor Data Breach Settlement

saks

A class-action lawsuit has been filed against Saks & Company LLC as it failed to protect sensitive customer information which became vulnerable to hacking threats. Hacking group Fin7 released 5 million debit and credit card credentials belonging to the parent company of Saks Fifth Avenue, Saks OFF 5TH, and Lord & Taylor. This data breach occurred due to acts and omissions of Saks involving point of sale systems of its parent company HBC’s North American stores. The data breach went undetected by Saks for more than 11 months and this exposed customer credentials to malicious criminals. Plaintiffs in the class-action lawsuit are eligible to the below-mentioned claims:

Eligibility for Making Claim: The claim can be made by a customer who used a debit, credit, or prepaid card (apart from a Saks First branded credit card) at a Lord & Taylor store, Saks location, or Saks OFF 5TH within the United States and its territories between 1st May 2017 and 1st April 2018. 

Proof of Purchase: Claimants without any proof have to file a Tier 1 Claim. Those having proof of purchase of their out-of-pocket costs like payment card statements, receipts, etc. need to submit a Tier 2 Claim. 

Potential Claim Amount: Claimants who can provide proof of using a debit, credit, or prepaid card (apart from a Saks First-branded credit card) are eligible to get a reimbursement of $30. In case if the class members had to shell out-of-pocket costs due to the data breach, then they can claim a reimbursement ranging up to $5000. 

Case Summary: Negligence on part of Saks resulted in a destructive data breach wherein sensitive customer credentials fell prey to hackers. Point of sale systems are extremely vulnerable to malware but Saks ignored these warnings due to their profit-driven decisions. This data breach exposed customer data to criminals and chances of potential misuse like lack of access to account funds, theft of financial information, unauthorized charges on credit and debit cards. Certain claimants had to incur additional expenses like purchasing identity theft protection and credit monitoring services. The defendants have denied all claims and accusations of wrongdoing. Though no judicial entity or court has ruled on this case, both parties have agreed to compromise for ending the class action lawsuit thus making all Class Members eligible to reimbursement under the settlement having a maximum ceiling of $2 million. 

Claim Form: https://hbcsettlement.com/file-your-claim/

Deadline for Submitting Claim: 01/31/2022

Final Hearing Date: 01/11/2022

Settlement Pool: $2 million

Important Note: Class Members should read all the instructions in the claim form to file the right claim. The defendants have taken care of the expenses associated with administering the settlement, attorney’s fees, and other costs related to notifying the Settlement Class. There is a maximum cap of $2 million on the claim and if it exceeds the same then the benefits of Class Members will be made subject to pro-rata reduction. 19th November 2021 is the last date for objecting to the settlement. 

Case NameIn re: Hudson’s Bay Company Data Security Incident Consumer Litigation, Case No. 1:18-cv-08472 in the Southern District of New York

Claims Administrator

HBC Claims Administrator
P.O Box 2005
Chanhassen, MN 55317-2005
[email protected]
877-805-1278

Class Counsel

Timothy J. Peter
FARUQI & FARUQI LLP

Janine Pollack
CALCATERRA POLLACK LLP

Defense Counsel

Charles Hecht
BALESTRIERE FARIELLO LLP

Anthony Parkhill
BARNOW AND ASSOCIATES PC

Howard T. Longman
STULL STULL & BRODY

Charles E. Schaffer
LEVIN SEDRAN & BERMAN LLP

Jeffrey S. Goldenberg
GOLDENBERG SCHNEIDER LPA

Gary Mason
MASON LIETZ & KLINGER LLP

David A. Straite
KAPLAN FOX & KILSHEIMER LLP

John A. Yanchunis
MORGAN & MORGAN & COMPLEX LITIGATION GROUP

Mark Rifkin
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP

Melissa Emert
KANTROWITZ GOLDHAMER & GRAIFMAN PC

Jason Sultzer
THE SULTZER LAW GROUP PC

Lynda J. Grant
THE GRANT LAW FIRM PLLC

Ralph N. Sianni
ANDERSON SLEATER SIANNI LLC

Kevin H. Sharp
SANFORD HEISLER SHARP LLP

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Categorized as Settlement