HAVERFORD, Pa., Feb. 23, 2021 /PRNewswire/ — The following statement is being issued by the law firms of Chimicles Schwartz Kriner & Donaldson-Smith LLP and Barnow and Associates, P.C. regarding the Hy-Vee class action settlement.

A Settlement has been reached with Hy-Vee, Inc. (“Hy-Vee”) in a class action lawsuit about a data Security Incident that occurred between December 14, 2018 and August 2, 2019, and which exposed payment card data of customers. The lawsuit claims Hy-Vee was responsible for the Security Incident because Hy-Vee did not take appropriate care to protect its payment card systems from hacking. Hy-Vee denies the claims and denies any wrongdoing. 

The Security Incident targeted data on credit, debit, and other payment cards used at certain Hy-Vee fuel pumps, drive-thru coffee shops, and restaurants, including Hy-Vee Market Grille Expresses, the Wahlburgers locations owned and operated by Hy-Vee, and the cafeteria at Hy Vee’s West Des Moines corporate office. A list of dates data was at risk based on location is available at www.GrocerySecurityIncidentSettlement.com.

Who Is Included?
You are included in the Settlement if you made a purchase using a credit, debit, or other payment card at a Hy-Vee fuel pump, drive-thru coffee shop, or restaurant while payment card data at the location was at risk. The time frame of the incident is generally from December 14, 2018 through August 2, 2019, although the specific dates during which data was at risk vary on a location-by-location basis.

What Can I Get?
The Settlement will reimburse people who submit claims for:

(1)  Out-of-pocket expenses: Reimbursement of up to $225 for out-of-pocket expenses and documented lost time that resulted from the Security Incident. This provides reimbursement for 14 types of out-of-pocket expenses and lost time (unreimbursed bank fees, card reissuance fees, overdraft fees, etc.). The Detailed Notice has the complete list.

(2)  Credit/debit card charges: Get $20 for each credit or debit card that had fraudulent charges as a result of the Security Incident, even if charges were reversed or credited back to your account.

(3)  Extraordinary expenses: Reimbursement of up to $5,000 for extraordinary unreimbursed monetary losses which were more likely than not caused by the Security Incident. 

Hy-Vee has also committed to establish and maintain security enhancements that are estimated to cost more than $20 million.

How to Ask for a Payment?
You must file a Claim Form by June 22, 2021, to get any money from the Settlement. Claims forms are available at www.GrocerySecurityIncidentSettlement.com or by calling 1-833-644-1595.

If You Do Nothing. You will be legally bound by decisions of the Court and you give up the right to sue Hy-Vee for the claims in this case. 

Exclude Yourself. If you exclude yourself, you are not be legally bound by the Settlement and you keep your right to sue. However, you will not get any money.  You must submit your exclusion by May 24, 2021.

Object. You can stay in the Settlement and tell the Court why you do not like the Settlement. Objections must be submitted by May 24, 2021. Detailed instructions on how to exclude yourself or object to the Settlement are found in the long notice on the website or by calling 1-833-644-1595.

When Will the Court Approve the Settlement?
The Court will hold a Fairness Hearing on July 19, 2021 at 10:00 a.m. at the United States District Court for the Central District of Illinois located at U.S. Courthouse, 100 N.E. Monroe Street, Peoria, IL 61602, to consider whether to approve the settlement. The Court will hear objections, determine if the Settlement is fair, and consider Class Counsel’s request for attorneys’ fees, costs, and expenses of $739,000 and an incentive award of $2,000 for each of the Representative Plaintiffs. You or your own lawyer may ask to appear at the hearing to be heard by the Court, but you do not have to. The Motion for attorneys’ fees and costs will be posted on the website after it is filed with the Court.

This is only a summary. For detailed information visit www.GrocerySecurityIncidentSettlement.com or call 1-833-644-1595.

SOURCE Chimicles Schwartz Kriner & Donaldson-Smith LLP and Barnow and Associates, P.C.

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