USDA SNAP benefits class action lawsuit overview:
- Who: Michela Huth filed a class action lawsuit against U.S. Department of Agriculture (USDA) Secretary Tom Vilsack and USDA Food and Nutrition Service Administrator Cindy Long.
- Why: Huth claims Vilsack and Long fail to reimburse SNAP participants who have their benefits stolen as a result of card skimming.
- Where: The class action lawsuit was filed in Ohio federal court.
The U.S. Department of Agriculture (USDA) and USDA Food and Nutrition Service fails to reimburse Ohio Supplemental Nutrition Assistance Program (SNAP) participants who fall victim to theft as a result of card skimming.
Plaintiff Michela Huth claims SNAP participants are “susceptible” to card skimming since their benefits card allegedly can only be swiped using a magnetic strip and are not equipped with chip or “tap-to-pay” technology.
“Through skimming, perpetrators siphoned hundreds – or, in some cases, thousands – of dollars from each of the Plaintiffs’ SNAP benefits, leaving the Plaintiffs with no way to feed their families,” the USDA class action states.
Huth argues USDA Secretary Tom Vilsack and USDA Food and Nutrition Service Administrator Cindy Long, in addition to allegedly failing to reimburse SNAP participants from card skimming, could have also done more to protect them.
“Nevertheless, Defendants have purported to bar replacement of Plaintiffs’ losses and do not authorize The State of Ohio to do so using federal funds,” the USDA class action states.
Huth wants to represent an Ohio class of SNAP participants who have fallen victim to card skimming since Jan. 1, 2022 — or who will fall victim to it in the future — and who have not had the full value of their stolen benefits restored.
USDA, USDA Food and Nutrition Service leave skimmed SNAP participants with ‘no ability to feed their families,’ says class action
Huth claims Vilsack and Long have based their alleged refusal to reimburse SNAP card skimming victims on a 2010 regulation that does not “expressly allow for reimbursement when benefits have been stolen via skimming.”
“As a result, Plaintiffs are left with no ability to feed their families until issuance of the following month’s benefits, and must instead desperately turn to other sources of emergency food sources,” the USDA class action states.
Huth claims Vilsack and Long are violating the Administrative Procedure Act and depriving SNAP participants of their constitutional right to adequate nutrition.
Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of the replacement of stolen SNAP benefits for herself and all class members.
A similar class action lawsuit was filed against the USDA and USDA Food and Nutrition Service last month by a group of SNAP participants claiming the agencies failed to reimburse them for stolen SNAP benefits.
Have you had your SNAP benefits stolen? Let us know in the comments!
The plaintiff is represented by Marc E. Dann, Brian D. Flick, Marita I. Ramirez, and Jeffrey A. Crossman of The Dann Law Firm.
The USDA SNAP benefits class action lawsuit is Huth, et al. v. Vilsack, et al., Case No. 5:23-cv-00557, in the U.S. District Court for the Northern District of Ohio.
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10 thoughts onUSDA class action claims department fails to reimburse SNAP benefits for theft
I live in Texas and was a victim of EBT fraud three times. They were able to change my PIN number, unfreeze my card and drain my money on each new card ordered. And this last time my funds were stolen before I was able to activate my card. The “POLICY” here in Texas is you are allowed 2 reimbursements of lost funds per year. And since I was hacked three times, they will not reimburse me this last time. I’m late on my rent, my electric and now I can’t drive because I have no car insurance. This also happened during the holidays. I have reached out to my Govenor, the Senators, Congressmen, and filed police reports every time. I even reached out to the FBI. I have filed an Appeal with HHSC and they again denied me my funds owed to me. This is not my fault, and it enrages me that they would not change their policies for people who were subject to these incidents. I need to reach out to an attorney. I have wasted too much time and money on this.
I first noticed that my card was wiped out almost for hundred dollars on 7/10/2023 at a bjs in Massachusetts. I’m in Ohio. I spent countless weeks trying to figure out who else to contact because I couldn’t get through to Ohio EBT card services only to cancel but that was it. The county did not warn us of what to do to prepare us or anything. I finally received a phone call from a caseworker who didn’t know anything about the program and she told me to file police report so I did exactly that. Then finally an investigator contacted me from Cuyahoga County Job and Family Services and it took several days to receive the funds back on the card. I received a replacement finally about a week later and use my card at Walmart, Dollar general, and Giant Eagle. Two days after that once again my card was completely wiped out over $663, leaving me with 53 cents. I canceled the card immediately the minute I noticed that all the benefits were drained from the card and I contacted Department of Job and Family Services in Cuyahoga County once again but I was unable to get through leaving messages sending emails Galore every week and I still haven’t heard anything back. I have a pregnant daughter and a grandson that we cannot feed because of this. I sent the form to the county and it was properly filled out and everything. So suddenly just within the last few days I received a notification that there is a feature on connect EBT app that allows you to lock your card. Okay so what about the money we had to borrow so we didn’t go hungry while we are waiting and waiting and waiting for the benefits to be replaced and here we go once again, it was on the 8th that the benefits were stolen and I notified the department immediately and here it is the 27th of August and still nobody contacted me as of yet. It’s not like we can procrastinate one more day, we’re talking about a pregnant young adult woman and a 21 month old little boy going hungry and each day gets that much worse. They don’t understand that it’s affecting innocent lives. They need to have a direct and clearly explain protocol for County recipients should anything like this occur but nobody knows who to contact and no one knows what to do, I guess we are expected to just figure it all out. I still don’t have a direct number to contact anyone so I’ve been contacting all the phone numbers that contacted me around the time I actually talked to a live person who knew what they were talking about finally. Well once again here we go and it’s been a month.
This happened to me. Several hundred dollars taken from my SNAP account in May, 2023 from a Walmart location in California, 20 mins after a small local purchase by me from a local grocery in my neighborhood. I am on the eastern seaboard. After complaining/notifying my local SNAP administrator, the benefits were only partially replaced. Please advise. Appreciate it.
I live in California and as a mother of a daughter and I just had all $4000 of my food stamps skimmed and stolen from me all of this that I saved up during covid when I seldom went grocery shopping. What a disgrace that the government has known about it and has done nothing to protect recipients. This is not the fault of the most vulnerable and the government must fully reimburse these funds.it is wrong and unfair that that has been allowed to happen.
I am in nearly the same situation-same month, amount, etc. I reported it to my worker the day I found out, and am still waiting for any response from any kind of fraud department. I’ve read we’ll only get one or two month’s worth back?! That’s ridiculous for people like us who saved up during the pandemic extra instead of blowing through it. As a family of 5, $200 a month goes almost nowhere. Have you heard anything back from DPSS?
76 year old mothers food card was cleaned out from someone in New York. She lives in Ohio. She recieved a letter from job and family saying they will not replace her food benefits. This was not her fault. Ridiculous that the food will not be replaced.
I live in Ohio they stole them in Massachusetts I have my card with me in Ohio I don’t live in Massachusetts and I don’t know anyone there it’s crazy I’m still waiting to hear back from someone this happen April 2023
Hi it was Department of Human Services in Missouri that basically stole from me…they denied me FS after i was hurt at work in 2018. Been disabled everysince. Surviving off SSI which my mortgage takes half of that. They put a sanction on me for a charge I had in 2011. I told them that it was wrong they dont sanction for my charge. they told me “your not getting them quit trying” over the next 4 years I applied numerous times always denied. There is so much more i could tell you but not the room. short version almost 5yrs later I won. But it doesnt make up for the days i went hungry..and not eating didnt help my already bad health problems..
I’m from California but they stole it from Arizona while I had my card on me! Crazy now they weren’t to bill me.
Mine were stolen 3 times in 2022