Perdue, et al. v. Hy-Vee, Inc. Frequently Asked Questions

 

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Questions

Answers

1. Why was the Notice issued?

The Court authorized the Notice because you have a right to know about the proposed Settlement in this class action lawsuit and about all of your options before the Court decides whether to give “Final Approval” to the Settlement. The Notice explains the legal rights and options that you may exercise before the Court decides whether to approve the Settlement.

Judge Michael M. Mihm of the United States District Court for the Central District of Illinois is overseeing this case. The case is known as Perdue, et al. v. Hy-Vee, Inc., Case No. 1:19-cv-01330-MMM. The persons who sued are called the Plaintiffs. Hy-Vee is called the Defendant.

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2. What is this lawsuit about?

The lawsuit claims that Hy-Vee was responsible for the Security Incident that occurred and asserts claims such as: breach of implied contract, negligence, and violation of the Illinois, Iowa, Kansas, Minnesota, and Missouri consumer protection statutes. The lawsuit seeks compensation for people who had out-of-pocket expenses, fraudulent charges, lost time spent dealing with fraudulent charges or card replacement issues, or unreimbursed extraordinary monetary losses as a result of the Security Incident.

Hy-Vee denies all of the Plaintiffs’ claims and says it did not do anything wrong.

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3. Why is this lawsuit a class action?

In a class action, one or more people called “Representative Plaintiffs” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.” In this case, the Representative Plaintiffs are Noreen Perdue, Elizabeth Davis-Berg, Dustin Murray, Cheryl Ellingson, Angela Trang, Gordon Grewing, and Melissa Ward. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. 

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4. Why is there a Settlement?

By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Representative Plaintiffs and their attorneys believe the Settlement is fair, reasonable, and adequate and, thus, best for the Class and its members. The Settlement does not mean that Hy-Vee did anything wrong.

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5. How do I know if I am included in the Settlement?

If you received a notice by postcard or email about the Settlement, you are probably a member of the Settlement Class. You are also included in the Settlement Class if you reside in the United States and used a credit, debit, or other payment card to make a point-of-sale purchase at an affected Hy-Vee fuel pump, drive-thru coffee shop, or restaurant (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) while payment card data at the location was at risk, and you had out-of-pocket expenses, fraudulent charges, lost time spent dealing with fraudulent charges or card replacement issues, or unreimbursed extraordinary monetary losses as a result of the Hy-Vee Security Incident. 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. Payments made inside convenience stores; at front-end checkout lanes, pharmacies, customer service counters, wine & spirits locations, floral departments, clinics, and all other food service areas; and through Aisles Online were not affected. To determine whether your store was at risk and whether you are potentially entitled to submit a claim, please see the spreadsheet attached to the Notice as Appendix A or look up your store here.

Specifically excluded from the Settlement Class are: (i) Hy-Vee and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge assigned to evaluate the fairness of this Settlement; (iv) the attorneys representing the Parties in the Litigation; (v) banks and other entities that issued payment cards which were utilized at Hy-Vee during the Security Incident; and (vi) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the criminal activity occurrence of the Security Incident or who pleads nolo contendere (a no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea and is often offered as part of a plea bargain) to any such charge.

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6. What if I am not sure whether I am included in the Settlement?

If you are not sure whether you are included in the Settlement, you may call 1-833-644-1595 with questions or click here. You may also write with questions to Perdue, et al. v. Hy-Vee, Inc., c/o Settlement Administrator P.O. Box 29, Philadelphia, PA 19105-0029. Please do not contact the Court with questions.

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7. What does the Settlement provide?

The Settlement will provide payments to people who submit valid claims. As part of the Settlement, Hy-Vee has also committed to establish and maintain security enhancements that are estimated to cost more than $20 million.

There are two types of payments that are available:

(1) Expense Reimbursement (FAQ 8) and

(2) Extraordinary Expense Reimbursement (FAQ 9).

Settlement Class Members may submit a claim for either or both types of payments. They must also provide proof of class membership in the form of either the first four and last four digits of the number associated with the credit or debit card claimed that was used at an affected Hy-Vee location or a document or documents reflecting use of a payment card at an affected Hy-Vee location during the Security Incident, which could include, for example, a receipt from the affected HyVee location reflecting payment by a payment card, a payment card statement or bill, or notification from a bank or financial institution stating that the payment card was compromised during the Security Incident. To claim each type of payment, related documentation or a narrative explanation with the Claim Form must be provided.

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8. What payments are available for Expense Reimbursement?

Class Members are eligible to receive reimbursement of up to $225 (in total) for the following categories of out-pocket expenses resulting from the Security Incident:

unreimbursed bank fees;

unreimbursed card reissuance fees;

unreimbursed overdraft fees;

unreimbursed charges related to unavailability of funds;

unreimbursed late fees;

unreimbursed over-limit fees;

long distance telephone charges;

cell minutes (if charged by minute) and text messages (if charged by the message);

internet usage charges (if charged by the minute or by the amount of data usage);

unreimbursed charges from banks or credit card companies;

postage;

interest on payday loans due to card cancelation or due to over-limit situation;

costs of credit report(s); 

costs of credit monitoring and identity theft protection;

reimbursement of up to three (3) hours of documented lost time (at $20 per hour) spent dealing with replacement card issues or in reversing fraudulent charges (only if at least one full hour was spent and if it can be documented with reasonable specificity); 

and an additional $20 payment for each credit or debit card on which documented fraudulent charges were incurred that were later reimbursed.

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9. What payments are available for Extraordinary Expense Reimbursement?

Class Members who had other extraordinary unreimbursed monetary losses because of information compromised as part of the Security Incident are eligible to make a claim for reimbursement of up to $5,000. As part of the claim, the Class Member must show that:

(1) it is an actual, documented, and unreimbursed monetary loss;

(2) the loss was more likely than not caused by the Security Incident;

(3) the loss occurred during the time period from December 14, 2018 through and including

the end of the Claims Deadline;

(4) the loss is not already covered by one or more of the categories in Question 8; and

(5) a reasonable effort was made to avoid or seek reimbursement for the loss (including

exhaustion of all available credit monitoring insurance and identity theft insurance).

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

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10. How do Class Members get benefits?

You must complete and submit a Claim Form to ask for a payment from the Settlement.  Claim Forms are available here or you may request one by mail by calling 1-833-644-1595. Read the instructions carefully, fill out the Claim Form, and mail it postmarked no later than June 22, 2021, to:

Perdue, et al. v. Hy-Vee Inc.
c/o Settlement Administrator
P.O. Box 29
Philadelphia, PA 19105-0029

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11. How will claims be decided?

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

If the claim is complete and the Settlement Administrator denies the claim entirely or partially, the claimant will be provided an opportunity to have their claim reviewed by an impartial Claim Referee who has been appointed by the Court.

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12. Do Class Members need to do anything to remain in the Settlement?

Class Members do not have to do anything to remain in the Settlement, but they must submit a Claim Form if they want a payment. Claim Forms must be filed here or submitted postmarked by June 22, 2021.

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13. What are Class Members giving up as part of the Settlement?

If the Settlement becomes Final, you will give up your right to sue Hy-Vee for the claims being resolved by this Settlement. The specific claims you are giving up against Hy-Vee are described in Section 1.20 of the Settlement Agreement. You will be “releasing” Hy-Vee and all related people or entities as described in Section 6 of the Settlement Agreement. The Settlement Agreement is available here.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the law firms listed in FAQ 17 for free or you can, of course, talk to your own lawyer at your own expense if you have questions about what this means.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want a payment from this Settlement but you want to keep the right to sue Hy-Vee about issues in this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself from—or is sometimes referred to as “opting out” of—the Settlement Class.

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14. If a Class Member excludes their self, can they get a payment from this Settlement?

No. If a Class Member excludes themselves, they will not be entitled to any benefits of the Settlement, but they will not be bound by any judgment in this case.

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15. If a Class Member does not exclude their self, can the Class Member sue Hy-Vee for the same thing later?

No. Unless they exclude themselves, the Class Member gives up any right to sue Hy-Vee for the claims that this Settlement resolves. Class Members must exclude themselves from the Settlement Class to start their own lawsuit or to be part of any different lawsuit relating to the claims in this case. If a Class Member excludes themselves,  the Class Member must not submit a Claim Form to ask for a payment.

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16. How can a Class Member exclude their self from the Settlement?

To exclude yourself, send a letter that says you want to be excluded from the Settlement in Perdue, et al. v. Hy-Vee, Inc., Case No. 1:19-cv-01330-MMM. Include your name, address, and signature. You must mail your Exclusion Request postmarked by May 24, 2021, to:

Perdue, et al. v. Hy-Vee, Inc.,
c/o Settlement Administrator
P.O. Box 29
Philadelphia, PA 19105-0029

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17. Do Class Members have a lawyer in this case?

Yes. The Court appointed the following lawyers as “Class Counsel”: 

Benjamin F. Johns
Alex M. Kashurba
Chimicles Schwartz Kriner &
Donaldson-Smith LLP
361 W. Lancaster Avenue
Haverford, Pennsylvania 19041 
Ben Barnow
Erich P. Schork
Anthony L. Parkhill
Barnow and Associates, P.C.
205 W. Randolph St.
Suite 1630
Chicago, Illinois 60606

Class Members will not be charged for these lawyers. If Class Members want to be represented by their own lawyer, they may hire one at their own expense.  

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18. How will the lawyers be paid?

Class Counsel will request the Court’s approval of an award for attorneys’ fees, costs, and expenses not to exceed $739,000. Class Counsel will also request approval of an Service Award of $2,000 for each of the Representative Plaintiffs. Any amount that the Court awards for attorneys’ fees, costs, and expenses and Service Awards will be paid separately by Hy-Vee and will not reduce the amount of payments to Class Members who submit valid claims.

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19. How does a Class Member tell the Court that they do not like the Settlement?

You can object to the Settlement if you do not like it or some part of it.  The Court will consider your views.  To do so, you must file a written objection in this case, Perdue, et al. v. Hy-Vee, Inc., Case No. 1:19-cv-01330-MMM, with the Clerk of the Court at the address below.  

Your objection must include all of the following: 

your full name, address, telephone number, and e-mail address (if any); 

information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class, which is described in response to question number 7; 

a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable; 

the identity of all counsel representing you, if any, in connection with your objection; 

the identity of all counsel representing you who will appear at the Final Fairness Hearing; 

a list of all persons who will be called to testify at the Final Fairness Hearing in support of the objection; 

a statement confirming whether you intend to personally appear and/or testify at the Final Fairness Hearing; 

your signature and the signature of your duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); 

a list, by case name, court, and docket number, of all other cases in which you (directly or through counsel) have filed an objection to any proposed class action settlement within the last 3 years; 

a list, by case name, court, and docket number, of all other cases in which your counsel (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last 3 years; and 

a list, by case name, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or representative plaintiff.  

Your objection must be postmarked to the Clerk of the Court for the United States District Court for the Central District of Illinois no later than May 24, 2021.  

In addition, you must mail a copy of your objection to each of the parties below, postmarked no later than May 24, 2021:

Court

Class COUNSEL

DEFENSE COUNSEL

Office of the Clerk
United States District Court
Central District of Illinois
305 U.S. Courthouse
100 N.E. Monroe Street
Peoria, IL 61602

Benjamin F. Johns
Chimicles Schwartz Kriner & Donaldson-Smith LLP
One Haverford Centre
361 Lancaster Avenue
Haverford, PA 19041

Paul G. Karlsgodt
Baker & Hostetler LLP
1801 California Street
Suite 4400
Denver, CO 80202

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20. What is the difference between objecting and asking to be excluded?

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. Class Members can object only if they do not exclude yourself from the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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21. When and where will the Court decide whether to approve the Settlement?

The Court will hold a Fairness Hearing at 10:00 a.m. on July 19, 2021, 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.  The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this Website for updates.  

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.  If there are timely objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made.  The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for an incentive award for the Representative Plaintiffs.  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long these decisions will take.

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22. Do Class Members have to attend the hearing?

No. Class Counsel will present the Settlement Agreement to the Court. Class Members or their own lawyers are welcome to attend at their expense, but they are not required to do so. If a Class Member sends an objection, they do not have to come to the Court to talk about it. As long as they filed their written objection on time with the Court and mailed it according to the instructions provided in FAQ 19, the Court will consider it.

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23. May Class Members speak at the hearing?

You may ask the Court for permission to speak at the Fairness Hearing.  To do so, you must file an objection according to the instructions in FAQ 19, including all the information required by items (v), (vi), and (vii).  Your Objection must be postmarked to the Clerk of the Court for the United States District Court for the Central District of Illinois no later than May 24, 2021.  In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel listed in FAQ 19, postmarked no later than May 24, 2021.

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24. What happens if a Class Member does nothing?

If a Class Member does nothing, they will get no benefits from this Settlement. Unless the Class Member excludes themselves, after the Settlement is granted final approval and the judgment becomes Final, they will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Hy-Vee about the legal issues in this case, ever again.

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25. How do Class Members get more information?  

The Notice summarizes the proposed Settlement.  More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement here.  You may also write with questions to Perdue v. Hy-Vee c/o Settlement Administrator, P.O. Box 29, Philadelphia, PA 19105-0029. You can also get a Claim Form here or by calling the toll-free number, 1-833-644-1595.

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This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-833-644-1595

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

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Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Monday, May 24, 2021
    You must complete and mail your request for exclusion so that it is postmarked no later than Monday, May 24, 2021.
  • Objection Deadline

    Monday, May 24, 2021
    You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, May 24, 2021.
  • Claim Form Deadline

    Tuesday, June 22, 2021
    You must submit your Claim Form online no later than Tuesday, June 22, 2021, or mail your completed paper Claim Form so that it is postmarked no later than Tuesday, June 22, 2021.
  • Final Approval Hearing Date

    Monday, July 19, 2021
    The Final Approval Hearing is scheduled for Monday, July 19, 2021. Please check this website for updates.

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