
Current and former employees whom M.I. Industries Inc. d/b/a Instinct Pet Food notified that a data breach discovered in October 2024 compromised their personal information may be eligible to claim up to $4,500 plus additional benefits from a class action settlement.
Instinct Pet Food agreed to settle a class action lawsuit alleging a data breach discovered in October 2024 allowed unauthorized access to its computer systems and potentially exposed the personal information of current and former employees.
Who can file a claim?
The settlement class includes individuals who meet all of the following criteria:
- They reside in the United States.
- They are a current or former employees of M.I. Industries Inc. d/b/a Instinct Pet Food.
- They received a notice stating the Instinct Pet Food data breach discovered in October 2024 compromised or potentially compromised their personally identifiable information.
How much can class members get?
Class members can claim one or more of the following:
- Out-of-pocket losses: Up to $1,000 for documented, unreimbursed expenses related to the breach, including:
- Losses from fraud or identity theft
- Professional fees, such as those for attorneys, accountants or credit repair services
- Costs to freeze or unfreeze credit with any credit reporting agency
- Credit monitoring costs incurred after receiving notice of the breach
- Miscellaneous expenses, including notary, postage, copying or mileage
- Lost time reimbursement: Up to four hours of time spent dealing with the breach compensated at $20 per hour (up to $80 total). Lost time reimbursement is subject to the $1,000 cap for out-of-pocket losses.
- Extraordinary loss reimbursement: Up to $3,500 for documented, unreimbursed monetary losses not covered under the ordinary loss or lost time categories. To qualify, the loss must be:
- Actual, documented and unreimbursed
- Most likely caused by the Instinct Pet Food data breach
- Incurred as a result of the breach
- Not already covered by another category of compensation
- Supported by proof of reasonable efforts to recover the loss elsewhere, such as through insurance
- Credit monitoring: Two years of three-bureau credit monitoring services with at least $1,000,000 in identity theft insurance
- Alternative cash payment: A $60 cash payment in lieu of the above benefits
How to claim a class action payment
To receive a settlement payment, class members must submit a claim form by the Jan. 12, 2026, deadline. Class members can file a claim online or print and complete the PDF claim form and mail it to the settlement administrator.
Settlement administrator's mailing address: Instinct Pet Foods Data Settlement, c/o Analytics Consulting LLC, P.O. Box 2005, Chanhassen, MN 55317-2005
What proof or documentation is required to submit a claim?
- To submit a claim, all claimants must provide the notice ID and PIN from their settlement notice.
- To claim reimbursement for documented monetary losses, class members must provide reasonable documentation supporting their claim. This may include receipts, invoices, bank or credit card statements, or other evidence of out-of-pocket expenses related to the data breach.
- To claim credit monitoring or the $60 cash payment, class members only need to select the appropriate option on the claim form.
- To claim reimbursement for lost time, class members must select the lost time option and attest under penalty of perjury that they spent the time responding to the data breach.
Instinct Pet Food data breach settlement fund
The settlement fund includes:
- Settlement administration costs: To be determined
- Attorneys’ fees, costs and expenses: Up to $100,000
- Service award to class representative: Up to $2,500
- Credit monitoring services: Determined by number of valid claims
- Payments to eligible class members: Determined by number of valid claims
Important dates
- Opt-out deadline: Dec. 15, 2025
- Deadline to file a claim: Jan. 12, 2026
- Final approval hearing: Jan. 16, 2026
When is the Instinct Pet Food data breach settlement payout date?
The settlement administrator will distribute payments to class members with valid claims after the court grants final approval of the settlement and resolves any appeals.
Why is there a class action settlement?
This class action lawsuit alleged Instinct Pet Food experienced a data breach in October 2024 that exposed the sensitive personal information of current and former employees. The plaintiffs claimed the company failed to implement adequate cybersecurity safeguards to protect that information.
Instinct Pet Food denies any wrongdoing but agreed to settle to avoid the costs and uncertainty of continued litigation.
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