Costco, CVS, Rite Aid Photo Data Breach Class Action Settlement

A settlement has been reached in a class action lawsuit alleging the photo processing service used by Costco, CVS and Rite Aid was hit by a criminal cyberattack that resulted in unauthorized access to customers’ payment card data and other personally identifiable information.

If you used a credit, debit or other type of payment card to purchase photo services from CVS, Costco and Rite Aid through their photo websites between June 2014 and July 2015, you may be entitled to payment from the data breach class action settlement.

The class action lawsuit was filed in 2015 after plaintiff Tamara A. Nedlouf discovered that her personal and financial information was stolen from her CVSphoto.com account. She says she received an email from CVS on Sept. 11, 2015 informing her about the CVS photo data breach.

Nedlouf says she believed that defendant PNI Digital Media ULC, formerly known as PNI Digital Media Inc., would safeguard her personal and financial data. According to the photo processing data breach class action lawsuit, she would not have provided PNI with her personal and financial information if she had known that it failed to adequately protect customer data from cyberattacks.

PNI Digital Media also failed to provide customers with timely notice about the data breach, the Costco photo data breach class action lawsuit alleges.

The data breach class action lawsuit asserted claims for violations of Georgia’s data breach statute, breach of contract, breach of implied contract, negligence, bailment and unjust enrichment.

PNI Digital Media denies the allegations and maintains it did nothing wrong. However, it has agreed to settle the Rite Aid photo data breach class action lawsuit to avoid the burden and expense of ongoing litigation.

Class Members who would like to opt out of or object to the Costco, CVS, Rite Aid photo data breach class action settlement must do so no later than Oct. 28, 2017.

Who’s Eligible

Class Members of the photo processing data breach settlement include residents of the United States who made an online payment to CVS Pharmacy Inc., Costco Wholesale Corporation, and/or Rite Aid Corporation for photo services using a credit, debit or other payment card between June 2014 and the end of July 2015, and who provided their payment card information to PNI Digital Media.

Potential Award

The photo processing data breach class action settlement provides two types of payment to eligible Class Members who file valid claims: Expense Reimbursement and Extraordinary Expense Reimbursement.

Expense Reimbursement: Class Members may claim up to $250 for reimbursement of the following out-of-pocket expenses related to the PNI data breach:

• Unreimbursed bank fees, card reissuance fees, overdraft fees, over-limit fees and late fees
• Unreimbursed charges related to unavailability of funds
• Long-distance telephone charges
• Cell phone minutes (if applicable)
• Text message charges
• Internet usage charges
• Unreimbursed charges from banks or credit card companies
• Postage
• Interest on payday loans due to card cancellation or over-limit situation
• Cost of credit reports, credit monitoring and identity theft protection (up to $120)
• Reimbursement of up to three hours of documented lost time spent dealing with obtaining a replacement card or reversing fraudulent charges ($15 per hour) and an additional $20 payment for each payment card on which documented fraudulent charges were incurred

Extraordinary Expense Reimbursement:
Class Members who had other monetary losses related to data that was compromised due to the PNI data breach may make a claim for reimbursement of up to $10,000. To make a claim for Extraordinary Expense Reimbursement, the Class Member must show:

• That an actual, documented and unreimbursed monetary loss was experienced;
• The loss was more likely than not caused by the PNI Digital Media data breach;
• The loss occurred between June 2014 and July 2015;
• The loss is not covered by any of the categories listed above in the Expense Reimbursement category; and
• A reasonable effort was made to avoid the loss or seek reimbursement for the loss (including exhausting all available credit monitoring and identity theft insurance).

Proof of Purchase

Class Members must provide documentation supporting their losses that allegedly stemmed from the PNI Digital Media data breach.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/14/2017

Case Name

T.A.N. v. PNI Digital Media Inc., Case No. 2:16-cv-00132-LGW-RSB, in the U.S. District Court for the Southern District of Georgia

Final Hearing

11/17/2017

UPDATE: On December 1, 2017, the Costco, CVS, Rite Aid Photo Data Breach Class Action Settlement was granted final approval. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.PhotoProcessingSettlement.com

Claims Administrator

PNI Settlement Administrator
Epiq Systems Inc.
P.O. Box 4230
Portland, OR 97208-4230
1-844-620-5967
info@PhotoProcessingSettlement.com

Class Counsel

E. Adam Webb
WEBB KLASE & LEMOND LLC

James B. Durham
HALL BOOTH SMITH PC

Defense Counsel

Paul G. Karlsgodt
BAKER & HOSTETLER LLP