Spencer Gifts data breach class action settlement

Spencer Gifts, known as “Spencer’s,” agreed to a class action lawsuit settlement to resolve claims it failed to prevent a 2021 data breach that compromised employee information.

The settlement benefits individuals who received a notice that their personal identifying information was compromised in the Spencer Gifts data breach between Nov. 24 and 26, 2021.

Spencer Gifts is a novelty store that sells gag gifts, clothing, decor, band merchandise and more. 

According to a class action lawsuit, Spencer’s failed to protect its current and former employees from a data breach in 2021. Plaintiffs in the case claim Spencers maintained private employee information on a network that was vulnerable to cyber attacks. Spencer Gifts allegedly knew that its systems were at risk for a cyber attack but failed to take action to monitor and protect employee data.

“Plaintiff’s and Class Members’ identities are now at risk because of Defendant’s negligent conduct since the Private Information that Defendant collected and maintained is now in the hands of data thieves,” the data breach class action lawsuit contends.

Plaintiffs in the case sought compensation from Spencer’s for the out-of-pocket expenses they incurred as a result of the data breach.

Spencer Gifts hasn’t admitted any wrongdoing but agreed to pay an undisclosed sum in a settlement to resolve these allegations.

Under the terms of the Spencer’s settlement, class members can receive reimbursement for ordinary expenses, lost time and extraordinary expenses incurred as a result of the breach. The settlement allows for up to $500 in reimbursement for costs such as bank fees, communication charges, postage, travel costs, credit fees and up to three hours of lost time at a rate of $20 per hour. Class members can collect up to $3,000 for extraordinary expenses, such as unreimbursed monetary losses resulting from the data breach. 

Over 1,000 class members who lived in California when they received a settlement notification can receive an additional $50 payment. These payments will contribute towards the $500 cap for ordinary data breach expenses. 

All class members are eligible for two years of free credit monitoring. Individuals who previously signed up for credit monitoring offered by Spencer Gifts will have their services automatically extended by two years.

The deadline for exclusion and objection is Dec. 27, 2022. 

The final approval hearing for the Spencer’s lawsuit settlement is scheduled for Feb. 17, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Jan. 25, 2023.

Who’s Eligible

Individuals who received a notice that their personal identifying information was compromised in the Spencer Gifts data breach between Nov. 24 and 26, 2021

Potential Award

Varies

Proof of Purchase

Proof of purchase may include:

• A copy of a bank or credit card statement or other proof of the fees or charges
• A copy of a bill from a telephone or mobile phone company or internet service provider that shows charges, receipts, or other proof or purchase of fees or charges
• A copy of a receipt or other proof of purchase for each credit report or product purchased

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

01/25/2023

Case Name

Gonshorowski v. Spencer Gifts LLC, Case No. ATL-L-000311-22, in the Superior Court of New Jersey, Atlantic County

Final Hearing

02/17/2023

Settlement Website

SpencersSettlement.com

Claims Administrator

Spencer’s Settlement Administrator
c/o Postlethwaite & Netterville
PO Box 3314
Baton Rouge, LA 70821
info@SpencersSettlement.com
833-443-1115

Class Counsel

David Lietz
Gary Klinger
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC

Defense Counsel

Eric R Fish
BAKER & HOSTETLER LLP