A $112,000 settlement has been reached to resolve claims surrounding several Five Below website data breach incidents from 2018 and 2019.
The settlement benefits individuals who made a credit or debit card purchased on the Five Below website during the data breach incidents on Aug. 14, 2018; on Aug. 28, 2018; from approximately Sept. 18, 2018 through Sept. 19, 2018; and from Nov. 13, 2018 through Jan. 11, 2019.
Plaintiffs in the class action lawsuit against Five Below argued that the company failed to protect their information from unauthorized access – putting them at risk for fraud and, in some cases, financially injuring them.
“As a result of Defendant’s failure to implement and follow standard security procedure Plaintiff’s and Class members’ Customer Data is in the hands of thieves,” the Five Below website data breach class action lawsuit claimed.
Five Below has not admitted any wrongdoing but has agreed to settle the claims against them in a settlement. Under the terms of the deal, Five Below will provide $112,000 in payments to consumers affected by the data breach incidents.
Under the Five Below website data breach settlement, Class Members can collect payments of up to $250 to compensate them for out-of-pocket expenses and lost time they may have experiences as a result of the security incidents.
Payments may compensate Class Members for a variety of documented expenses including bank fees, telephone charges, postage, unreimbursed fraudulent charges, interest and more. Additional $22 payments may also available for each credit or debit card that incurred fraudulent charges from the data breach.
Class Members can also make claims for lost time at $20 an hour. Lost time could have been spent dealing with replacement card issues, updating automatic payments associations, contesting fraudulent charges and otherwise dealing with the Five Below website data breach. Assuming a Class Member has incurred fraudulent charges, they can collect up to five hours of documented time or three hours of undocumented time.
In order to benefit from the Five Below website data breach settlement, Class Members must file a valid claim form by Oct. 9, 2020. Claim forms filed online or mailed to the settlement administrator must include documentation of expenses and lost time if Class Members wish to recover the maximum amount of compensation available to them.
The deadline for exclusion and objection is Sept. 9, 2020. The final approval hearing for the Five Below website data breach settlement is scheduled for Nov. 19, 2020.
Individuals who made a credit or debit card purchased on the Five Below website during the data breach incidents on Aug. 14, 2018; on Aug. 28, 2018; from approximately Sept. 18, 2018 through Sept. 19, 2018; and from Nov. 13, 2018 through Jan. 11, 2019.
Up to $250 in reimbursement for out-of-pocket expenses and lost time.
Covered expenses include:
- Unreimbursed bank fees;
- Unreimbursed card reissuance fees;
- Unreimbursed overdraft fees;
- Unreimbursed charges related to unavailability of funds;
- Unreimbursed late fees;
- Unreimbursed over-limit fees;
- Long distance telephone charges;
- Cell minutes (if charged by the minute);
- Internet usage charges (if charged by the minute or the amount of data usage);
- Text messages (if charged by the message);
- Unreimbursed charges, including fraudulent charges, from banks or credit card companies;
- Postage and shipping charges;
- Interest on payday loans due to card cancelation or due to over-limit situation;
- Cost for obtaining credit reports;
- And more.
An additional $22 payment is available for each credit or debit card on which documented fraudulent charges were incurred as a result of the data breach.
Class Members may also be able to recover compensation for lost time at $20 an hour. Claims will be paid for up to five hours for documented lost time or three hours of undocumented time if Class Members experienced fraudulent charges. Lost time includes time spent dealing with replacement card issues, updating automatic payments associations, contesting fraudulent charges, and otherwise dealing with the Five Below website data breach.
Proof of Purchase
Documentation of expenses and lost time.
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
Abdelmessih v. Five Below Inc., Case No. 2:19-cv-01487-JP, in the U.S. District Court for the Eastern District of Pennsylvania
Five Below Cardmember Settlement
c/o RG/2 Claims Administration
P.O. Box 59479
Philadelphia, PA 19102-9479
Charles E. Schaffer
Daniel C. Levin
LEVIN SEDRAN & BERMAN
John A. Yanchunis
Patrick A. Barthle
MORGAN & MORGAN COMPLEX LITIGATION GROUP
James A. Slater
Sam A. Camardo
Mary Pat Brogan
Alaina J. Lakawicz
BAKER & HOSTETLER LLP
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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.