Five Below Data Breach Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

Five Below, Inc. is settling a class action alleging it is responsible for exposure of customer information in a cyberattack on the system it uses for payments on its online website. The cyberattack included security incident(s) on August 14 and 28, 2018, approximately September 18-19, 2018, and November 13, 2018 through January 11, 2019. According to the complaint, the information exposed in the security incident(s) may have included names, addresses, payment card numbers, expiration dates, and security codes. The counts in the complaint include such things as negligence, invasion of privacy, and breach of implied contract.

Docket Number:

2:19-cv-1487

Company: Five Below Inc.

Filing Deadline: October 9, 2020

Class Period: August 14, 2018 to January 11, 2019

Objection Deadline: September 9, 2020

Exclusion Deadline: September 9, 2020

Final Approval Hearing: November 19, 2020

Proof of Purchase:

Yes, although the kind of proof required differs depending on which claims you are making. For more details, see the claim form at https://www.fivebelowcardsettlement.com/pdf/Claim-Form.pdf.

Eligibility:

You may be eligible if you live in the US and used a credit or debit card to buy something on fivebelow.com during the security incidents.

If you were affected, you should have received notification by e-mail or letter. If you did not receive notification but believe you are a class member, contact the settlement administrator.

Typical Settlement Amount:

Three types of damages: (1) Recovery of certain out-of-pocket expenses in relation to the incidents. (2) Money to compensate you for time you spent addressing the incidents. (3) A $22 payment if you had a fraudulent charge on your card, even if the charges were reversed or repaid. Expenses must have been incurred during the appropriate time period, generally between the incident and the end of the claim period. If claims received exceed the cap on these payouts, claims may be proportionately reduced.

Total Settlement Amount: $112,000 total for payouts to class members

Class Representative Proposed Incentive Fee:

$1,500

Law Firms:
Levin Sedran & Berman
Morgan & Morgan

Claim Form: Five Below Data Breach Settlement Claim Form

Case Name: Abdelmessih v. Five Below, Inc.

Settlement Website: Five Below Data Breach Settlement Website

Claims Administrator:
RG/2 Claims Administration

Claims Administrator Contact Information:

Five Below Cardmember Settlement
c/o RG/2 Claims Administration
P.O. Box 59479
Philadelphia, PA 19102-9479
info@rg2claims.com
(866) 742-4955

Tags: Exposing Private Information, Exposure to cyber crime