Here are answers to frequently asked questions about the settlement. Detailed information about the settlement is contained in the Class Notice and Settlement Agreement.

If you do not find an answer to your question here, please contact us directly.

About The Settlement

What is this case about?

The lawsuit claims that Hudson’s Bay Company ULC, Saks Incorporated, Saks Fifth Avenue LLC, Saks & Company LLC, and Lord & Taylor LLC were responsible for the Data Breach and asserts claims such as: negligence, breach of implied contract, unjust enrichment/quasi-contract, breach of confidence, and violations of the following acts: Arizona Consumer Fraud Act, California Unfair Competition Law, California Consumers Legal Remedies Act, California Customer Records Act, Connecticut Unfair Trade Practices Act, Florida Deceptive and Unfair Trade Practices Act, Illinois Consumer Fraud Act, New Jersey Consumer Fraud Act, New Jersey Consumer Security Breach Disclosure Act, New York Consumer Law for Deceptive Acts and Practices, Texas Deceptive Trade Practices and Consumer Protection Act, Nevada Deceptive Trade Practices Act, and the Georgia Fair Business Practices Act.

Defendants deny these claims and say they did not do anything wrong.  No court or other judicial entity has made any judgment or other determination that Defendants have any liability on these claims or did anything wrong.

Who is a settlement class member in this settlement?

You are affected by the Settlement and potentially a member of the Settlement Class 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.

What does the Settlement provide?

The Settlement provides that Defendants will fund the following payments up to a total of $2,000,000: (a) $30.00 for reimbursement to Settlement Class Members who can provide proof that they used a 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 and subsequently spent time monitoring their payment card accounts or taking other steps to address the Data Breach; and (b) up to $5,000 for reimbursement of certain out of pocket expenses stemming from the Data Breach that were not reimbursed. Such benefits are subject to pro-rata reduction as needed in the event that the total claims exceed the $2,000,000.00 cap on payments to be made by Defendants, and Defendants shall retain any amounts not required for payment of these benefits to those eligible to receive them whose claims are approved.  Defendants have also agreed to pay attorney’s fees, costs and expenses and the costs of notifying the Settlement Class and administering the Settlement up to $250,000 (with Plaintiff’s Counsel responsible for any amount over $250,000).

More details are provided in the Settlement Agreement, which is available here.

How do I get benefits?

To ask for a payment, you must complete and submit a Claim Form.  Claim Forms are available here.  There are two Claim Forms – Tier 1 and Tier 2.  Read the instructions carefully to decide which Claim Form to complete, and submit the Claim Form online no later than January 31, 2022.

If you submit a Tier 2 Claim Form, you must provide documented proof of your extraordinary out of packet fraud costs. If you don’t have any documented proof, you should file a Tier 1 Claim Form.

The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid.  Additional information may be requested from any claimant.  If the required information is not provided in the time required, the claim will be considered invalid and will not be paid.

What happens if I do nothing?

If you do nothing you will not get any money from this Settlement and if the Settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants and the other Released Persons based on any of the Released Claims, ever again.

How can I update my address?

You can update your address when you submit an online claim form.  If your address changes after you submit your claim form, you must write to the Claims Administrator at this address, providing your name, claim number, old address, and new address.

HBC Claims Administrator
P.O Box 2005
Chanhassen, MN 55317-2005

You may also email the Claims Administrator at info@HBCsettlement.com to update your address.

What if I have more questions?

If you still have questions, you call the Claims Administrator toll-free at 1-877-805-1278, or email them at info@HBCsettlement.com.

More details are in a Settlement Agreement.  You can get a copy of the Settlement Agreement here.  You can also write with questions to:

HBC Claims Administrator
P.O Box 2005
Chanhassen, MN 55317-2005

You can submit a Claim Form online here or download a Claim Form here.