Hy-Vee Data Breach Class Action Settlement — Claim Up to $5K

UPDATE 2:

• Top Class Actions viewers reported this settlement paying out up to $40 as of Oct. 29, 2021.
• Congratulations to everyone who filed a claim and got paid!

UPDATE:

• The Court granted final approval to this settlement July 21, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Hy-Vee customers may be eligible to claim up to $5,000 thanks to a class action settlement over a 2018-2019 data breach.

The class action lawsuit alleged that more than 5 million Hy-Vee customers were injured by the Hy-Vee data breach because it left them exposed to possible identity theft and related financial risks.

Anyone who used a payment card to make a purchase at one of the affected Hy-Vee point-of-sale devices, which includes fuel pumps, drive-thru coffee shops, and restaurants between Dec. 14, 2018, and Aug. 2, 2019, at one of the listed locations may be eligible to file a claim.

Specific dates during which customer data was at risk may vary by location.

Payments made inside convenience stores, at front-end checkout lanes, pharmacies, customer service centers, wine and spirits locations, floral departments, clinics, all other food service areas, and through Aisles Online were not affected by the incident.

Class Members will be eligible for reimbursement of a maximum of $225 for the following out-of-pocket expenses incurred as a result of the Hy-Vee data breach:

• Unreimbursed bank, card re-issuance, overdraft, over-limit, and late fees
• Unreimbursed charges related to unavailability of funds
• Long-distance phone charges
• Cellphone minutes (if charged by the minute) and text messages (if charged by the message)
• Internet usage charges (if charged by the minute or by the amount of data usage)
• Unreimbursed bank or credit card company charges
• Postage
• Payday loan interest due to card cancellation or an over-limit situation
• Credit report costs
• Credit monitoring and identity theft protection costs
• Reimbursement of $20 per hour for up to three hours of documented lost time spent dealing with replacement card issues or in reversing fraudulent charges if at least one full  hour was spent on these tasks and can be specifically documented
• An additional $20 for each credit or debit card on which documented fraudulent charges that were later reimbursed occurred 

Class Members may claim up to $5,000 for monetary out-of-pocket loss that likely occurred as a result of the Hy-Vee data breach if it was an actual, documented, unreimbursed monetary loss that occurred between Dec. 14, 2018, and the claim deadline and is not covered by one of the other categories.

The claimant also must have made reasonable efforts to avoid or seek reimbursement for such a loss, such as exhausting all available identity theft insurance or credit-monitoring insurance.

Hy-Vee also has agreed to implement and maintain certain data security measures, valued at around $20 million, for at least two years after the settlement receives final approval.

The deadline to object to or opt-out of the Hy-Vee data breach settlement is May 24, 2021.

A final approval hearing is set for July 19, 2021.

The deadline to file a claim is June 22, 2021.

Who’s Eligible

Anyone residing in the United States who used a payment card to make a purchase at one of the affected Hy-Vee point-of-sale devices (fuel pumps, drive-thru coffee shops, or restaurants) — generally between Dec. 14, 2018, and Aug. 2, 2019 — at one of the designated locations.

Potential Award

Up to $5,000.

Class Members will be eligible for a reimbursement of a maximum of $225 for the following out-of-pocket expenses incurred as a result of the Hy-Vee data breach:

• Unreimbursed bank, card re-issuance, overdraft, over-limit, and late fees
• Unreimbursed charges related to unavailability of funds
• Long-distance phone charges
• Cellphone minutes (if charged by the minute) and text messages (if charged by the message)
• Internet usage charges (if charged by the minute or by the amount of data usage)
• Unreimbursed bank or credit card company charges
• Postage
• Payday loan interest due to card cancellation or an over-limit situation
• Credit report costs
• Credit monitoring and identity theft protection costs
• Reimbursement of $20 per hour for up to three hours of documented lost time spent dealing with replacement card issues or in reversing fraudulent charges, if at least one full  hour was spent on these tasks and can be specifically documented
• An additional $20 for each credit or debit card on which documented fraudulent charges that were later reimbursed occurred

Class Members may claim up to $5,000 for monetary out-of-pocket loss that likely occurred as a result of the Hy-Vee data breach if it was an actual, documented, unreimbursed monetary loss that occurred between Dec. 14, 2018, and the claim deadline and is not covered by one of the other categories. The claimant also must have made reasonable efforts to avoid or seek reimbursement for such a loss, such as exhausting all available identity theft insurance or credit-monitoring insurance.

Proof of Purchase

Proof of your class membership in the form of either the first four and last four digits of the credit or debit card number you claim to have used, or a document or documents reflecting your use of a payment card, at an affected Hy-Vee location during the incident. This documentation could include a receipt from the affected Hy-Vee that reflects a payment by a payment card, a payment card statement or bill, or a notification from a bank or other financial institution that states the card was compromised during the Hy-Vee data breach.

To claim each type of payment, you must provide related documentation or a narrative explanation with the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

06/22/2021

Case Name

Noreen Perdue, et al. v. Hy-Vee Inc., Case No. 1:19-cv-01330-MMM-JEH in the U.S. District Court for the Central District of Illinois

Final Hearing

07/19/2021

Settlement Website

GrocerySecurityIncidentSettlement.com

Claims Administrator

Perdue, et al. v. Hy-Vee Inc.
c/o Settlement Administrator
P.O. Box 29
Philadelphia, PA 19105-0029
1-833-644-1595

Class Counsel

Benjamin F. Johns
Alex M. Kashurba
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP

Ben Barnow
Erich P. Schork
Anthony L. Parkhill
BARNOW AND ASSOCIATES PC

Defense Counsel

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