District Court Grants Preliminary Approval of Class Action Settlement in Stein Mart Data Breach

District Court Grants Preliminary Approval of Class Action Settlement in Stein Mart Data Breach

On March 25, 2020, the United States District Court for the District of Delaware issued an order granting preliminary approval to a class action settlement reached with Stein Mart, Inc. and its vendor Social Annex, Inc. (d/b/a Annex Cloud) (“Annex”) (collectively, “Defendants”) in this class action brought on behalf of all consumers who made purchases from Stein Mart’s online store, and whose credit/debit card information was potentially accessed and captured from Stein Mart’s and/or Annex’s systems by unauthorized users between December 28, 2017 and July 9, 2018 (the “Data Breach”).

The proposed settlement class is comprised of all persons who were notified by Stein Mart that they made purchases on Stein Mart’s online store using their credit, debit, or other payment card on certain dates between December 28, 2017 and July 9, 2018 (the “Class”). The proposed settlement provides benefits for the Class including expense reimbursement of up to $220 for certain out of pocket expenses such as time spent dealing with replacement card issues and/or reversing fraudulent charges, the cost(s) of obtaining credit reports and enrolling in credit monitoring and identity theft protection. Formal notice to settlement class members has already been issued via email or regular mail to the roughly 108,335 Class members.

The lawsuit is titled Kyles et, al. v. Stein Mart, Inc. et al, Case No. 1:19-cv-00483-CFC and is pending in the United States District Court for the District of Delaware.  The Court has scheduled a hearing for August 19, 2020 at 2:30 p.m. in Courtroom 4B of the United States District Court for the District of Delaware, 844 North King Street, Wilmington, DE 19801-3570, 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.