A new, updated website has been established for a $1.6 million Neiman Marcus data breach class action settlement after the initial settlement terms were rejected.
While the website is live, it is not accepting claims yet. Top Class Actions will provide claim filing instructions as soon as they become available.
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The settlement resolves class action claims that Neiman Marcus stores were compromised in a 2013 data breach.
The hackers allegedly installed malware on Neiman Marcus systems which compromised payment information collected between July 16, 2013 and Oct. 30, 2013.
According to the Neiman Marcus class action, hundreds of thousands of payment card accounts were compromised in the cybersecurity attack.
Neiman Marcus Group LLC announced the breach in January 2014. Plaintiffs filed their data breach class action shortly after, including claims of negligence, breach of implied contract, unjust enrichment, and violation of state consumer protection laws.
The revised settlement will benefit consumers who held a debit or credit card that was used at any Neiman Marcus Group Stores between July 16, 2013 and Oct. 30, 2013. Eligible Neiman Marcus Group stores include Neiman Marcus, Bergdorf Goodman, Cusp, and Last Call stores. Restaurants in these stores and the stores’ online platforms are not included in the settlement.
The settlement has two eligible groups. The first group of Class Members include consumers who held at least one of the more than 300,000 payment card accounts used at a Neiman Marcus Group store while the malware was operating in that store. The second group includes all other Class Members.
Under the settlement, group 1 Class Members who file a valid claim will receive payments up to $100. Class Members from group 2 will reportedly receive up to $25 in payments. The payments may be reduced depending on the number of valid claims filed and the net settlement fund available after the deduction of taxes, fees, expenses, and service awards.
In order to benefit from the settlement consumers need to file a valid Claim Form which will become available following preliminary approval, if the court choses to grant it.
On Sept. 17, 2018, the original Neiman Marcus class action settlement was denied final approval. The settlement Class was also decertified when the settlement was denied.
U.S. District Judge Sharon Johnson Coleman found several issues with the original settlement, including the inadequate single Class which was reportedly unable to be represented fairly by the Class Members. Judge Coleman also took issue with relatively low number of claims filed following the settlement notice.
Plaintiffs filed their request for preliminary approval of the new settlement on Oct. 28, 2019.
Did you use a credit or debit card to make a purchase at a Neiman Marcus Group store between July 16, 2013 and Oct. 30, 2013? You may be eligible for this settlement! Share your experiences in the comment section below.
Plaintiffs and settlement Class Members are represented by Tina Wolfson, Theodore W. Maya, and Robert Ahdoot of Ahdoot & Wolfson PC and John A. Yanchunis of Morgan & Morgan Complex Litigation Department.
The Neiman Marcus Class Action Lawsuit is Hilary Remijas, et al. v. The Neiman Marcus Group LLC, Case No. 1:14-cv-01735, in the U.S. District Court for the Northern District of Illinois.
UPDATE: On Nov. 15, 2019, a $1.6 million Neiman Marcus data breach class action settlement was initially approved after rejecting a previous version.
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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.