GameStop Settles Data Breach Class Action Lawsuit

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Earlier this week, GameStop Corp. reportedly agreed to settle a class action lawsuit over allegations it failed to adequately safeguard consumers’ data, leaving them vulnerable to a data breach that allegedly affected an estimated 1.3 million debit and credit cards.

Plaintiffs Crystal Bray and Samuel Cook filed the GameStop class action lawsuit last year and alleged that, from Aug. 10, 2016 through Feb. 9, 2017, GameStop was victimized by a cyberattack in which criminals were able to access its computer systems. They claim they made purchases from GameStop during this period and were first notified about the data breach by letters in June 2017.

According to the GameStop class action lawsuit, Bray and Cook had a combined total of more than $7,600 in fraudulent charges and withdrawals that they attribute to the GameStop data breach. They each claim they spent several hours dealing with the problem.

GameStop reportedly conducted an investigation and found that there was no evidence to suggest payment card data had been accessed, but noted that unauthorized access to payment card information from transactions made through the company’s website could have been possible.

GameStop denies any wrongdoing but agreed to settle the data breach class action lawsuit to avoid the uncertainty and risk associated with ongoing litigation.

Class Members of the proposed GameStop data breach settlement include anyone residing in the United States who placed orders (or attempted to place orders) on GameStop’s website from Aug. 10, 2016 through Feb. 9, 2017.

Under the terms of the proposed data breach settlement, Class Members who submit valid claims are eligible for payment of up to $235 in out-of-pocket expenses incurred as a result of the GameStop data breach, such as unreimbursed bank fees and/or card reissuance fees; unreimbursed late fees; long-distance telephone calls; postage; up to three hours of documented time lost spent dealing with reversing fraudulent charges or obtaining replacement cards; cost of credit monitoring and identity theft protection; or other expenses related to the GameStop data breach.

GameStop has also agreed to pay up to $10,000 per claim for monetary out-of-pocket losses that were more likely than not caused by the GameStop data breach. To be eligible to file a claim for this award, the Class Member must have made reasonable efforts to avoid the losses such as exhausting all available credit monitoring insurance and identity theft insurance.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Bray and Cook are represented by Robert J. Kriner Jr., Vera G. Belger, Benjamin F. Johns and Andrew W. Ferich of Chimicles & Tikellis LLP, and by Cornelius P. Dukelow of Abington Cole & Ellery.

The GameStop Data Breach Class Action Lawsuit is Crystal Bray, et al. v. GameStop Corp., Case No. 1:17-cv-01365, in the U.S. District Court for the District of Delaware.

UPDATE: September 2018, the GameStop data breach class action settlement is now open. Click here to file a claim.