Volusion data breach $4.3M class action settlement

UPDATE: 

• This class action settlement is paying out up to $1,500 as of December 2022.

• Congratulations to everyone who filed a claim and got paid!

Volusion LLC has agreed to a $4.3 million settlement to end class action lawsuit claims it did not properly respond to an Oct. 8, 2019, data breach that violated Volusion customers’ privacy. 

The settlement class consists of all people to whom Volusion sent a Notice of Data Incident on or around April 21, 2020. That notice informed consumers that Volusion merchant clients may have had their information exposed by malware that had been placed by hackers in Volusion’s e-commerce platform.

The data breach settlement website explains Volusion “is an e-commerce platform that hosts websites for businesses to set up e-commerce shops.” Part of this service is that Volusion allows businesses to accept credit card payments. 

According to the Volusion data breach class action lawsuit, because malware was on Volusion’s site, consumers who entered their credit card information into a website that used Volusion’s e-commerce platform may have had their information stolen — a violation of their privacy.

Volusion does not admit any wrongdoing, but has agreed to settle the claims to avoid the costs and risks of continued litigation.

Class members who submit a valid claim are eligible to receive compensation for out-of-pocket losses and time spent dealing with the effects of the data incident. 

Reimbursement for out-of-pocket losses: Class members are eligible to receive up to $1,500 to compensate for out-of-pocket costs incurred from the Volusion data breach. These losses may include the following:

• Fees for credit reports
• Credit monitoring costs
• Identity theft insurance products
• Data charges
• Cell phone charges
• Bank fees
• Gasoline costs for local travel
• Long distance phone call fees
• Others

Compensation for time spent responding to data incident: Class members are eligible to receive compensation in the form of $20 per hour for up to three hours of time spent responding to the data incident. 

Class members may be eligible for both the out-of-pocket loss reimbursement and the time compensation. 

The deadline to opt out of the settlement, submit a dispute or file an objection to the settlement is Sept. 6, 2022. 

Class members are invited to attend a final fairness hearing in the settlement Sept. 6, 2022.

The deadline to file a claim in the Volusion privacy and data breach class action settlement is also Sept. 6, 2022.

Who’s Eligible

The settlement class consists of all people to whom Volusion sent a Notice of Data Incident on or around April 21, 2020. That notice informed consumers that Volusion merchant clients may have had their information exposed by malware that had been placed by hackers in Volusion’s e-commerce platform.

Potential Award

Varies

Proof of Purchase

Class Member must provide reasonable documentation to establish both the fact of actual loss and the dollar amount of the loss, and must have made reasonable efforts to exhaust all other sources of reimbursement, such as insurance benefits available as a result of the purchase of credit monitoring or identity monitoring. For Claims for time spent responding to the Data Security Incident, no documentation is required.

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

09/06/2022

Case Name

Lopez, et al. v. Volusion LLC, Case No. 1:20-cv-00761-LY, in the U.S. District Court for the Western District of Texas, Austin Division

Final Hearing

09/06/2022

Settlement Website

VolusionPrivacyClassAction.com

Claims Administrator

Volusion Privacy Settlement
PO Box 5324
New York, NY 10150-5324
info@VolusionPrivacyClassAction.com
833-620-3589

Class Counsel

Mike Singley
EDWARDS LAW GROUP

Melissa S. Weiner
PEARSON SIMON & WARSHAW LLP

Hassan A. Zavareei
TYCKO & ZAVAREEI LLP

Jonathan M. Streisfeld
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT

Defense Counsel

Jon Kardassakis
LEWIS BRISBOIS BISGAARD & SMITH LLP

Robert A. Ewert
LEWIS BRISBOIS BISGAARD & SMITH LLP