Neiman Marcus Data Breach Class Action Settlement

UPDATE 2:

• Top Class Actions viewers reported this settlement paying out $100 as of Sept. 7, 2021.
• Congratulations to everyone who filed a claim and got paid!

UPDATE:

• The revised Neiman Marcus data breach class action settlement was granted final approval by the court on June 4, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Customers of stores run by Neiman Marcus Group can now claim benefits under the terms of a data breach class action settlement.

Plaintiffs Hilary Remijas, Melissa Frank, Debbie Farnoush, and Joanne Kao filed this data breach class action lawsuit after defendant Neiman Marcus Group announced in January 2014 that its payment card systems had been compromised, exposing the credit and debit card information of thousands of customers.

Hacker-installed malware was allegedly active from July 16, 2013 to Oct. 30, 2013 in some but not all stores owned by Neiman Marcus Group. This malware was purportedly not continuously active during that period but only during certain days and hours, which varied from store to store.

In addition to stores under the Neiman Marcus name, affected stores also include Bergdorf Goodman, Cusp, and Last Call stores. Restaurants within these stores were allegedly not affected, nor were the stores’ retail websites.

According to the settlement administrator, more than 370,000 payment card accounts were used at affected Neiman Marcus Group stores while the malware was active at those stores.

The plaintiffs’ first attempt at bringing their claims was dismissed in September 2014. Among other reasons for the dismissal, U.S. District Judge James B. Zagel noted that less than three percent of the plaintiffs’ proposed Class Members had been actually affected by the data breach.

After a successful appeal to the Seventh Circuit, the plaintiffs survived a second attempt at dismissal in January 2016.

The parties agreed to the current Neiman Marcus class action settlement in March of this year. Under the terms of the settlement, Neiman Marcus Group will set up a settlement fund worth up to $1.6 million. This fund will be used to distribute payments of up to $100 to each qualifying Class Member who submits a valid and timely claim.

The settlement also requires Neiman Marcus Group to change its business practices to improve the security of its customers’ payment account information. The defendant has created new executive positions and departments that will supervise the company’s data security efforts. Stores have been equipped with new card readers that allow customers to pay using the more secure chip technology available in newer credit and debit cards.

Who’s Eligible

Class Members eligible to claim benefits include U.S. residents who held a credit card or debit card account that was used to make a purchase at any Neiman Marcus Group store from July 16, 2013 to Jan. 10, 2014.

For purposes of this settlement, Neiman Marcus Group stores include physical stores under the names Neiman Marcus, Bergdorf Goodman, Cusp, and Last Call. They do not include any restaurants within those stores, and they do not include any websites or online stores.

Potential Award

Up to $100.

After the settlement fund has been used to cover other necessary costs, payments will be distributed on a pro rata basis to qualifying Class Members who submit valid and timely claims. The maximum payment amount is $100 per Class Member. That amount may be reduced depending on the number of valid and timely claims received.

Proof of Purchase

No other documentation is necessary besides the information requested on the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

1/17/2018

Case Name

Hilary Remijas, et al. v. The Neiman Marcus Group LLC, Case No. 1:14-cv-01735, in the U.S. District Court for the Northern District of Illinois

Final Hearing

10/26/2017

UPDATE September 17, 2018: The Neiman Marcus Data Breach Class Action Settlement was denied final approval by the court.  The class was de-certified as well.  This means that settlement payments will not be made at this time.  Top Class Actions will continue to follow the case, and keep viewers updated.

UPDATE 2: October 2019, a new, updated website has been established for a $1.6 million Neiman Marcus data breach class action settlement after the initial settlement terms were rejected.

UPDATE 3: On Nov. 15, 2019, a $1.6 million Neiman Marcus data breach class action settlement was initially approved after rejecting a previous version.

Settlement Website

www.NMsettlement.com

Claims Administrator

NM Settlement Administrator
c/o Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
1-844-412-4027
NMsettlement@AdministratorClassAction.com

Class Counsel

Tina Wolfson
Theodore W. Maya
Robert Ahdoot
AHDOOT & WOLFSON PC

John A. Yanchunis
MORGAN & MORGAN COMPLEX LITIGATION DEPARTMENT

Defense Counsel

David H. Hoffman
Geeta Malhotra
Daniel C. Craig
SIDLEY AUSTIN LLP