You Could Be Eligible to Receive Payment from a Class Action Settlement if you used a credit, debit or other payment card at a Saks, Saks OFF 5TH, or Lord & Taylor store

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Sep 20, 2021, 11:00 ET

CHANHASSEN, Minn., Sept. 20, 2021 /PRNewswire/ -- Analytics, the claims administrator for the Hudson's Bay Company Data Security Incident Consumer Litigation, announces the following:

You Could Be Eligible to Receive Payment from a Class Action Settlement if you used a credit, debit or other payment card at a Saks, Saks OFF 5TH, or Lord & Taylor store

This Notice provides information about a class action lawsuit pending in the District Court for the Southern District of New York ("Litigation") that may affect your rights. The Litigation claims that Hudson's Bay Company ULC, Saks Incorporated, Saks Fifth Avenue LLC, Saks & Company LLC, and Lord & Taylor LLC ("Defendants") were responsible for a data breach that affected Saks, Saks OFF 5TH, and Lord & Taylor stores between May 1, 2017 and April 1, 2018 ("Data Breach"). Defendants deny all claims and say they did not do anything wrong. The Court did not decide in favor of either side. Instead, both sides agreed to the Settlement.

Are you eligible for a payment? You are a "Settlement Class Member" if you used your credit, debit or prepaid debit card (other than a Saks First branded credit card) at a Saks, Saks OFF 5TH, or Lord & Taylor store in the United States and in U.S. territories between May 1, 2017 and April 1, 2018.

Your options: If you are a Settlement Class Member, you have three options:

You Can Accept the Settlement: You are eligible for $30.00 for time spent monitoring or addressing the Data Breach. You are also eligible for reimbursement of actual documented unreimbursed out-of-pocket expenses caused by the Data Breach, up to $5,000. Defendants will fund these benefits on approved claims in a total amount of up to $2 million.
To get your cash payment, you must submit a Claim Form by January 31, 2022. Claim Forms are available at www.HBCsettlement.com or by calling 1-877-805-1278.
You Can Object to the Settlement: You can stay in the Settlement, but you can tell the Court that you do not agree with the Settlement or some part of it, including the plaintiffs' request for attorneys' fees, expenses and service awards, by objecting by November, 19, 2021.
You can't ask the Court to order a larger settlement; the Court can only approve or deny the settlement as agreed to by the parties. If the Court denies approval, no settlement payments will be sent out to anyone and the lawsuit may continue to be litigated on the merits. If that is what you want to happen, you may want to object. You may hire your own lawyer to appear in Court for you if you wish; however, you will be responsible for paying your lawyer.
You Can "Opt Out" (i.e. exclude yourself) from the Settlement: If you exclude yourself from the Class – which is sometimes called "opting-out" of the Class – you won't get a payment from the settlement but won't be barred from asserting claims against Defendants in a separate lawsuit. If you do not want to be legally bound by the Settlement, you must exclude yourself from it by November 19, 2021.

The Long Notice, available at www.HBCsettlement.com, explains how to exclude yourself from the Settlement or object to the Settlement and describes the released claims in detail.

When Will The Settlement Be Approved?

The Court will hold a hearing in this case (In re Hudson's Bay Company Data Security Incident Consumer Litigation, Case No. 1:18-cv-08472, S.D.N.Y.) on January 11, 2022, at 2:30 p.m. to consider whether to approve the Settlement, and Class Counsel's request for attorneys' fees, costs and expenses, and service awards. You or your own lawyer may ask to appear and speak at the hearing at your own cost, but you do not have to.

Who Represents Settlement Class Members?

The Court appointed Timothy J. Peter of Faruqi & Faruqi, LLP and Janine Pollack of Calcaterra Pollack LLP as Class Counsel to represent the Settlement Class. Class Counsel will ask the Court for an award of attorneys' fees, costs and expenses up to $1,400,000, and service awards up to $1,000 each for the Representative Plaintiffs Debbie Carthan, Bernadette Beekman, Julia A. Harris, Cassondra Joseph, Margo Kyler Knight, Jane Lefkowitz, Leslie Levitt-Raschella, Kelly Whitaker, Dennis Meduri, Giorgina Meduri, Greta Moss, Alexandria Rudolph, Jeanne Sacklow, Erika Targum, and Mark Wade. If you want to be represented by your own lawyer, you may hire one at your own expense.