District Court Grants Preliminary Approval of Class Action Settlement in Hy-Vee Data Breach

On January 25, 2021, the United States District Court for the Central District of Illinois issued an order granting preliminary approval to a class action settlement reached with Iowa-based supermarket chain Hy-Vee, in this class action brought on behalf of all consumers who made purchases at affected Hy-Vee locations, and whose credit/debit card information was potentially accessed and/or compromised by unauthorized users as part of a data breach from approximately November 2018 and August 2019 (“Security Incident”).

The proposed settlement class is comprised of all persons who made purchases from affected Hy-Vee locations using their credit or debit card and who may have been potentially affected by the Security Incident. The proposed settlement provides benefits for the Class including: 1) reimbursement of up to $225 for out-of-pocket expenses resulting from the security incident; 2) reimbursement of up to three (3) hours of documented lost time (at $20/hour) spent dealing with replacement card issues or in reversing fraudulent activity; (3) an additional $20 payment for each credit or debit card on which documented fraudulent charges were incurred that were later reimbursed.  Additional details about the settlement are available in the motion for preliminary approval, the settlement agreement, and the settlement website. Formal notice to class members will begin soon.  Class members may submit claims either by mail or on the settlement website which will soon be launched. Please see the website for more information.

The lawsuit is titled Perdue, et al. v. Hy-Vee, Inc., Case No. 1:19-cv-01330-MMM-JEH and is pending in the United States District Court for the Central District of Illinois.  The Court set a hearing for July 19, 2021 to determine whether to grant final approval to the settlement. The Court’s order, Plaintiffs’ motion for preliminary approval, and the settlement agreement can be accessed below. We will also post a link to the official settlement website, which will contain additional information about the lawsuit and settlement, once it has gone live.

Attorneys for this case:

Benjamin F. Johns
Andrew W. Ferich
Alex M. Kashurba