Facts

On September 18, 2020, defendant FabFitFun, Inc. notified customers about a data breach that occurred on its e-commerce platform. Unknown third parties may have accessed customers' personally identifiable information (PII) via a subscription signup page, including their names and payment card account numbers. Then on October 16, 2020, Plaintiff Cheryl Gaston filed a class action complaint in federal court against defendant regarding the data breach, seeking damages, equitable and injunctive relief, and attorneys' fees and costs.

PLAINTIFF CONTENTIONS: Plaintiffs claim their PII was breached due to Defendant's negligent acts and failure to protect customers' data, and Defendant failed to adequately detect and report the breach.

DEFENDANT CONTENTIONS: Defendant denied all of plaintiffs' allegations.

Result

A settlement was preliminarily approved that includes a $625,000 settlement fund. (Including $5,000 to each of the two class representatives, $156,250 attorneys' fees and $8,358.48 costs). Defendant also agreed to take additional steps to secure access to the e-commerce platform through which it transacts with customers.