Kimpton Hotels Data Breach Class Action Settlement

A $600,000 settlement is available to resolve claims that Kimpton Hotels failed to protect their customers from a data breach.

The settlement benefits consumers whose payment card information was compromised in a 2016 data breach.

In 2016, Kimpton Hotels announced that it had been the target of a data breach. This breach reportedly installed malware onto Kimpton servers and compromised payment information.

As a result of the breach, close to 150,000 consumers who used their credit or debit cards at a Kimpton hotel or restaurant were reportedly at risk for unauthorized charges and identity theft.

“The malware primarily found track data that contained the card number, expiration date, and internal verification code, but in some instances the malware found the track that also contains the cardholder name,” the Kimpton data breach class action states.

Kimpton tried to settle the claims multiple times, beginning in May 2018. However, U.S. District Judge Vince Chhabria rejected the settlement deal twice after finding that the deal was insufficient for Class Members.

In January 2019, Judge Chhabria approved the settlement on the third try – allowing Kimpton Hotels and the plaintiffs to finally reach a resolution to the class action data breach claims.

The settlement provides compensation for expenses and “extraordinary” expenses for consumers attempting to remedy unauthorized charges.

Consumers who file a valid Claim Form with proof by Aug. 22, 2019 may be able to collect up to $250 in out-of-pocket expenses and up to $10,000 in extraordinary expenses. Further details regarding the expense classifications are available in the “Potential Award” section below.

In addition to monetary compensation, Kimpton has also agreed to provide additional data security measures including audits, annual security training for employees, and implementing encryption solutions for payment cards.

The deadline for exclusion and objection to the Kimpton class action settlement is June 8, 2019. The final approval hearing is scheduled for June 20, 2019.

Who’s Eligible

Consumers whose payment card information was exposed in a 2016 Kimpton Hotels data breach.

Potential Award

Up to $250 in out-of-pocket expenses. Expenses include:

• Unreimbursed bank fees;
• Unreimbursed card reissuance fees;
• Unreimbursed overdraft fees;
• Unreimbursed charges related to unavailability of funds;
• Unreimbursed late fees;
• Unreimbursed over-limit fees;
• Communication charges in relation to the mitigation of data breach damages;
• Unreimbursed charges from banks or credit card companies;
• Reimbursement of up to five hours of documented lost time (at $25 per hour) spent dealing with replacement card issues or in reversing fraudulent charges or otherwise dealing with the Security Incident, but only if at least one full hour was spent;
• An additional $15 payment for each credit or debit card on which documented fraudulent charges were incurred that were later reimbursed;
• Costs of credit report(s) purchased between Feb. 1, 2016, and Aug. 22, 2019, but only if it was purchased primarily because of the Security Incident;
• Costs of credit monitoring and identity theft protection (not to exceed $80) purchased between Feb. 1, 2016, and Aug. 22, 2019, but only if it was purchased primarily because of the Security Incident.

Up to $10,000
in extraordinary expenses. Extraordinary expenses include actual, documented, unreimbursed monetary losses that were caused by the data breach between Feb. 1, 2016 and Aug. 22, 2019 and were not covered under “expenses.”

Proof of Purchase

Bank or credit card statements, receipts, communication bills, and other documentation of expenses or time spent.

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

8/22/2019

Case Name

Parsons v. Kimpton Hotel & Restaurant Group LLC, Case No. 3:16-cv-05387-VC, in the U.S. District Court for the Northern District of California

Final Hearing

7/11/2019  UPDATED

UPDATE: The Kimpton Hotels Data Breach Class Action Settlement was granted final approval on July 11, 2019. Please note that claims will not be paid until after the claim deadline passes. Top Class Actions will keep our viewers updated.

Settlement Website

www.KimptonSettlement.com

Claims Administrator

Kimpton Settlement Administrator
c/o Epiq
P.O. Box 4079
Portland, OR 97208-4079
1-855-789-0900

Class Counsel

John A. Yanchunis
Marisa Glassman
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Michael F. Ram
Susan Brown
ROBINS KAPLAN LLP

Defense Counsel

Teresa C. Chow
Matthew Pearson
Daniel R. Warren
Thomas R. Lucchesi
David A. Carney
Douglas L. Shively
Gilbert S. Keteltas
BAKER & HOSTETLER LLP