Top Class Actions  |  August 5, 2021

Category: Closed Class Actions

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A gold padlock on a computer keyboard - icanvas data breach - icanvas settlement
(Photo Credit: jonathanschoeps/DepositPhotos.com)

iCanvas has agreed to a $383,600 class action settlement benefiting consumers whose personal information may have been compromised during a 2020 iCanvas website data breach.

The Class is defined as all individuals residing in the United States who were sent an incident notice and any person asserting a right to a released claim through that individual. 

iCanvas mailed the notices to potentially affected customers on or around June 26, 2020.

An unauthorized script was placed on the iCanvas website checkout page between May 10 and 28, 2020, according to that notice. The script may have captured certain customer information.

Plaintiffs in a class action lawsuit argued iCanvas is legally responsible for the data breach, in which customers’ names, payment card data, phone numbers, email addresses, and other information may have been accessed.

iCanvas, which makes custom art prints, denies all allegations of wrongdoing.

iCanvas Website Data Breach Settlement Benefits

Class Members are eligible to file for one of two types of payments: a basic award or a reimbursement award.

Each Class Member who does not opt-out of the iCanvas data breach settlement or submit a reimbursement award claim will receive a basic award payment, regardless of whether they experienced any unauthorized charges on a credit or debit card used to make a purchase, or declined purchase, from iCanvas. 

The basic award amount will depend upon how many valid reimbursement award claims are submitted, but the total amount of reimbursement award claims will not exceed $10,000. 

After reimbursement awards and attorneys’ fees and other expenses have been deducted from the settlement fund, the basic award payments will be distributed pro rata. 

The average basic award payment is expected to be about $25.

Class Members who, at any point between May 10 and Nov. 6, 2020, had fraudulent or unauthorized charges on a credit or debit card used to make a purchase on the iCanvas website between May 10 and 28, 2020, that were not canceled, denied, or reimbursed, and which charges the Class Member believes in good faith were incurred as a result of the data breach, are eligible for a reimbursement award of up to $2,500 as reimbursement for those unreimbursed, unauthorized charges, up to three hours of lost time spent dealing with the unauthorized charges or the data incident at a rate of $20 per hour, and the following types of out-of-pocket expenses incurred as a result of the data breach:

  • Unreimbursed payment card fees or unreimbursed bank fees, including unreimbursed card re-issuance fees, unreimbursed overdraft fees, unreimbursed charges related to unavailability of funds, unreimbursed late fees, unreimbursed over-limit fees, and unreimbursed fees relating to an account being frozen or otherwise unavailable due to the data breach
  • Cellphone, internet, or text charges
  • Unreimbursed costs or charges for obtaining credit reports or freezes, or credit monitoring or identity theft protection services (up to two years of coverage)
  • Postage

No other types of expenses will be reimbursed, and Class Members cannot recover for emotional distress. 

In addition, claimants must exhaust all available credit monitoring insurance and identity theft insurance before seeking a reimbursement award and must provide the information and documents required on the claim form.

Depending on how many valid reimbursement award claims are filed, the amount of each award payment may be adjusted on a pro rata basis.

Each Class Member may submit only one reimbursement award claim.

Anyone who would like to opt out of or object to the iCanvas settlement must do so by Sept. 21, 2021.

The deadline to file a claim is Nov. 5, 2021.

Who’s Eligible

All individuals residing in the United States who were sent an incident notice and any person asserting a right to a released claim through that individual.

Potential Award

Varies

Proof of Purchase

Receipts and bills for out-of-pocket expenses.

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

11/05/2021

Case Name

William Riggs v. Kroto, Inc. d/b/a iCanvas, Case No. 1:20-cv-5822, in the U.S. District Court for the Northern District of Illinois, Eastern Division

Final Hearing

10/29/2021

Settlement Website
Claims Administrator

Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@iCanvasIncidentSettlement.com
855-411-2281

Class Counsel

M. Anderson Berry
CLAYEO C. ARNOLD, A PROFESSIONAL LAW CORP

Carl Malmstrom
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC

Defense Counsel

Ronald I. Raether, Jr.
TROUTMAN PEPPER HAMILTON SANDERS LLP

Leon Oks
KROTO, INC. D/B/A ICANVAS

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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.