Cavender’s employee data breach class action settlement

Cavender Stores agreed to a settlement to resolve a class action lawsuit claiming the company failed to protect employee information during a data breach in late April 2022.

The class is made up of individuals whom Cavender Stores Ltd. mailed a written notification stating their private information was potentially compromised as a result of the data incident Cavender discovered in April 2022.

The plaintiff in the class action lawsuit claimed Cavender’s failed to protect employee data, such as names, addresses, Social Security numbers, financial account and credit card numbers, medical information and more, from April 27-29, 2022.

Cavender’s, founded in 1965, sells boots, hats and other apparel. It is the “fastest growing Western wear chain in America,” according to the company website.

Cavender Stores denied all allegations of wrongdoing but agreed to a settlement to resolve the case.

Under the terms of the Cavender Stores settlement, class members who submit a valid claim form are eligible for both monetary and non-monetary benefits.

Class members may claim up to $500 in documented out-of-pocket expenses incurred as a result of the data breach, such as unreimbursed bank fees, long-distance phone charges and certain cellphone charges. This $500 also includes up to three hours of lost time spent dealing with the data breach at a rate of $25 per hour, provided at least one hour was spent.

Class members who have an extraordinary documented monetary loss related to the data breach may claim up to $2,500, as long as the breach more likely than not caused the unreimbursed loss; it occurred between April 27, 2022, and the claim deadline; and it is not covered by any of the other reimbursement categories.

Class members also are eligible for two years of credit monitoring or one additional year if the class member already signed up for the monitoring Cavender’s offered.

In addition, Cavender’s agreed to implement or maintain certain improvements to its data security. These improvements will be paid for separately from the rest of the settlement benefits.

The deadline for class members to opt out of or object to the settlement has passed.

A final approval hearing is scheduled for Nov. 27, 2023.

The deadline to submit a claim form is Oct. 23, 2023.

Who’s Eligible

Individuals whom Cavender Stores Ltd. mailed a written notification that their private information was potentially compromised as a result of the data incident Cavender discovered in April 2022.

Potential Award

Up to $2,500

Proof of Purchase

Receipts or other documentation of data breach-related expenses; claims for extraordinary losses must include documentation that the class member made a reasonable effort to avoid or seek reimbursement for their loss, including exhaustion of credit monitoring and identity theft insurance.

Claim Form

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

10/23/2023

Case Name

Sanchez v. Cavender Stores Ltd., Case No. 4:22-cv-01016-ALM, in the U.S. District Court for the Eastern District of Texas, Sherman Division

Final Hearing

11/27/2023

Settlement Website

CavenderEmployeeDataSettlement.com

Claims Administrator

Sanchez v Cavender Stores Settlement
RG/2 Claims Administration LLC
PO Box 59479
Philadelphia, PA 19102-9479
CavenderSettlement@RG2claims.com
Fax: 215-827-5551
866-742-4955

Class Counsel

Raina Borrelli
Sam Strauss
Brittany Resch
TURKE & STRAUSS LLP

Defense Counsel

Michelle R Gomez
Casie D Collignon
BAKER & HOSTETLER LLP