Stein Mart Data Breach Class Action Settlement

Stein Mart has agreed to pay an, as of yet, undisclosed sum as a part of a settlement agreement ending a class action lawsuit alleging the retailer was negligent when struck by a data breach affecting customers between December 2017 and July 2018.

The settlement agreement benefits those who made purchases at a Stein Mart’s online store with a credit or debit card on various dates between Dec. 28, 2017 and July 9, 2018.

According to the Stein Mart data breach class action lawsuit, the retailer was struck on multiple occasions by hackers. The hackers were allegedly able to access customers’ “sensitive financial and personal non-public information, including but not limited to their (a) names; (b) addresses; (c) email addresses; and (d) payment card information (including, inter alia, card numbers, expiration dates, and security codes).”

The data breaches allegedly started Dec. 28, 2017 and affected consumers who used credit, debit, or other payment cards at Stein Mart on May 19, June 1, June 5, July 8 and July 9, 2018.

Stein Mart used another company called Annex, that allows customers to use the same passwords for other websites, to facilitate online shopping, according to the complaint. Annex was also named in the class action lawsuit as a defendant.

“Defendants failed to take reasonable steps to employ adequate security measures or to properly protect sensitive payment Personal Information despite well-publicized data breaches at large national retail and restaurant chains in recent years, including Arby’s, Wendy’s, Target, Home Depot, Sally Beauty, Harbor Freight Tools, P.F. Chang’s, Dairy Queen, Kmart, and many others,” alleged the Stein Mart data breach class action lawsuit.

According to the Stein Mart data breach class action lawsuit, “a massive amount of information was stolen” due to the companies’ failure to implement proper safeguards.

“Victims of the Data Breach have had their Personal Information compromised, had their privacy rights violated, been exposed to the increased risk of fraud and identify theft, lost control over their personal and financial information, and otherwise been injured,” stated the Stein Mart data breach class action lawsuit.

The plaintiffs alleged that they and other Class Members had to spend “significant time” dealing with the fallout from the Stein Mart data breach. These efforts reportedly included identifying and recouping costs for unauthorized charges on their credit cards, time spent canceling compromised cards and closing accounts, continued monitoring, and dealing with other problems.

The plaintiffs contended that the retailer failed to provide assistance to consumers affected by the Stein Mart data breach. They alleged that they were only told to monitor their accounts.

“In contrast to what is and has been frequently made available to consumers in recent data breaches, Defendants have not offered or provided any monitoring service or fraud insurance to date,” the Stein Mart class action lawsuit states.

Stein Mart admitted no wrongdoing, but agreed to pay Class Members as a part of the settlement agreement to end the class action lawsuit claims.

Under the terms of the settlement Class Members can claim up to $220 in reimbursement for expenses related to the Stein Mart data breach.

Class Members can make claims for various bank and credit card fees, including overdraft fees, along with long-distance calling charges, cell phone minutes, text messages, internet usage, postage, and for the costs of credit reports, monitoring, and identity theft protection. Class Members can also claim up to three hours of their time at the rate of $15 per hour.

In addition, Class Members can make a claim for extraordinary expense reimbursement under the Stein Mart data breach settlement agreement. Those who experienced extraordinary monetary losses that were not reimbursed can claim up to $4,000 under the terms of the agreement.

Claim forms can be submitted online or by mail. Class Members must provide a Claim ID and supporting documentation for their claims, except for any lost time claimed.

The deadline to submit a claim is July 23, 2020, and the final hearing is scheduled for Aug. 19, 2020.

Class Members who wish to opt-out of or object to the Stein Mart data breach class action settlement must do so by July 23, 2020.

Who’s Eligible

Consumers who made purchases at Stein Mart online with a credit, debit, or other bank cards on various dates between Dec. 28, 2017 and July 9, 2018.

Potential Award

Up to $4,220.

• Class Members can claim up to $220 for reimbursement of expenses related to the Stein Mart data breach.
• Class Members can also claim up to $4,000 for extraordinary unreimbursed expenses related to the data breach.

Proof of Purchase

A Claim ID is required for both online and mailed forms, along with supporting documentation of the expenses claimed.

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

7/23/2020

Case Name

Kyles, et al. v. Stein Mart Inc., et al., Case No. 1:19-cv-00483-CFC, in the U.S. District Court for the District of Delaware

Final Hearing

8/19/2020

Settlement Website

KylesSecurityIncidentSettlement.com

Claims Administrator

Kyles v Stein Mart Settlement
c/o Heffler Claims Group
PO Box 34657
Philadelphia, PA 19101-4657
1-844-484-0406

Class Counsel

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

Cornelius P. Dukelow
ABINGTON COLE + ELLERY

Defense Counsel

Edward J. McAndrew
DLA PIPER LLP

Casie D. Collignon
Matthew D. Pearson
BAKER & HOSTETLER LLP

R. Stokes Nolte
Julie M. O’Dell
WILKS LUKOFF & BRACEGIRDLE LLC

Jon Kardassikis
LEWIS BRISBOIS BISGAARD & SMITH LLP

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