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Financial Services Law Insights and Observations

Court approves grocery store data breach settlement

Courts Data Breach Privacy/Cyber Risk & Data Security Class Action Settlement

Courts

On January 25, the U.S. District Court for the Central District of Illinois preliminarily approved a class action settlement, resolving allegations that a grocery chain was responsible for a data breach that exposed the credit card information of consumers. The preliminary settlement would allow class members to receive reimbursement of up to $225 for out-of-pocket expenses related to the breach, including (i) unreimbursed bank, overdraft, and late fees; (ii) long distance and cell phone charges; and (iii) costs related to credit monitoring and identity theft protection. Additionally, class members may be awarded up to $5,000 for “extraordinary unreimbursed monetary losses” resulting from the compromise of personal information. Moreover, the grocery chain agreed to “establish and maintain security enhancements that are estimated to cost more than $20 million.” Class members who do not agree to the settlement may keep their right to independently sue if they opt out by May 24.

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