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This settlement is closed!
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Consumers who may have had their information compromised in a 2020 FabFitFun data breach may be eligible to benefit from a $625,000 class action settlement agreement.
The nationwide Class is made up of anyone identified by FabFitFun and to whom FabFitFun sent a notice that their information may have been exposed in the security incident.
A class action lawsuit had alleged third parties accessed the FabFitFun website, gaining access to the personal information of customers who had purchased new subscriptions online.
FabFitFun is a subscription service that delivers personalized boxes containing a variety of products to consumers’ homes quarterly.
Class Members who submit valid claim forms along with documentation may be eligible to receive one of two types of payments: a basic award or a reimbursement award.
Those submitting a claim for a basic award will be eligible for up to $55, regardless of whether they have experienced any identity theft or fraudulent or unauthorized charges on the card used to make a payment on the FabFitFun website.
The basic awards will fall into three categories:
- Tier 1: $55 for Class Members, as identified by FabFitFun’s records, who potentially had their payment card, login and password information exposed in the FabFitFun data breach incident
- Tier 2: $25 for Class Members, as identified by FabFitFun’s records, who potentially had their login and account password, but not payment, information exposed during the FabFitFun data breach
- Tier 3: $12 for Class Members not in Tier 1 or Tier 2
The reimbursement award is available to Class Members who, during the Unauthorized Charge Period, experienced one or more fraudulent or unauthorized charges claimed by the Class Member in good faith to have likely been caused by the security incident on a payment method they used on FabFitFun’s website during the Class Period, which charges were not denied or reimbursed; has made reasonable efforts to avoid or seek reimbursement for their losses, including but not limited to exhausting all available credit monitoring and identity theft insurance; and submits an approved claim.
These Class Members will be eligible to receive a reimbursement award of up to $5,000 total for the following unreimbursed losses, if any, incurred as a result of the security incident:
- Unreimbursed unauthorized charges during the Unauthorized Charge Period on a payment method used on Defendant’s website that more likely than not resulted from the security incident (only for Settlement Class Members, as identified by FabFitFun’s records, who potentially had their payment information exposed in the Security Incident)
- Up to three hours of lost time spent dealing with the unreimbursed, unauthorized charges at a rate of $20 per hour if at least one full hour was spent and if the time can be documented with reasonable specificity by answering the questions on the claim form
- Out-of-pocket expenses
Class Members must complete and submit a claim form. The form must establish that the Class Member engaged in a relevant FabFitFun website transaction, either by comparison with company records or, if those records do not indicate such a transaction, but submitting a receipt or banking or credit card statement showing the transaction.
If none of those documents are available, the Class Member shall attest, under penalty of perjury, that they signed up for and bought a new subscription between April 26 and May 14, 2020, or May 22 and Aug. 3, 2020, identifying the approximate date of sign-up, and the last four digits of their card number.
Those seeking a reimbursement award also must provide documentation of any unauthorized charges made during the Unauthorized Charge Period that were not reimbursed or denied, as well as all claimed losses from these charges.
They also must furnish documentation of time spent dealing with issues related to the incident, documentation of the out-of-pocket expenses, and an attestation that they made reasonable efforts to avoid or seek reimbursement for their loss.
The amount of each award payment may be adjusted up or down, depending on the number of valid claims submitted.
Class Members may only submit one claim, and will receive only one award.
A hearing in the FabFitFun data breach settlement will be held Oct. 4, 2021.
Those who wish to exclude themselves from or object to the settlement must do so by June 16, 2021.
The deadline to submit a claim form is July 31, 2021.
Who’s Eligible
Anyone identified by FabFitFun and to whom FabFitFun sent a notice that their information may have been exposed in the security incident.
Potential Award
Up to $5,000.
The basic awards will fall into three categories:
- Tier 1: $55 for Class Members, as identified by FabFitFun’s records, who potentially had their payment card, login and password information exposed in the security incident
- Tier 2: $25 for Class Members, as identified by FabFitFun’s records, who potentially had their login and account password, but not payment, information exposed during the data breach
- Tier 3: $12 for Class Members not in Tier 1 or Tier 2
The reimbursement awards will have a cap of $5,000.
Proof of Purchase
Those seeking a reimbursement award also must provide documentation of any unauthorized charges made during the Unauthorized Charge Period that were not reimbursed or denied, as well as all claimed losses from these charges.
They also must furnish documentation of time spent dealing with issues related to the incident, documentation of the out-of-pocket expenses, and an attestation that they made reasonable efforts to avoid or seek reimbursement for their loss.
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
07/31/2021
Case Name
Gaston, et al. v. FabFitFun Inc., Case No. 2:20-cv-09534-RGK-E in the U.S. District Court for the Central District of California
Final Hearing
12/6/2019
Settlement Website
Claims Administrator
Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
833-775-1513
info@FFFdbSettlement.com
Class Counsel
Rachele R. Byrd
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
M. Anderson Berry
CLAYEO C. ARNOLD, A PROFESSIONAL LAW CORPORATION
Defense Counsel
Travis LeBlanc
Kathleen R. Hartnett
Charles A. Wood
Joseph D. Mornin
COOLEY LLP
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