Kimco Staffing Services $1.04 Million Data Breach Settlement
Kimco Staffing Services $1.04 Million Data Breach Settlement

Individuals whose personal information the June 24, 2023, Kimco Staffing Services Inc. data breach exposed may be eligible to claim a variety of cash payments plus credit monitoring from a class action settlement. The compromised information included names, Social Security numbers, financial account information and payment card data.

Kimco Staffing Services agreed to pay $1.04 million to settle a class action lawsuit alleging it failed to adequately protect private information, resulting in a data breach that affected nearly 70,000 people. The settlement includes a $640,000 fund for direct payments to class members and $400,000 in business practice enhancements to improve data security.

Who can file a claim?

Class members are individuals living in the United States at the time of the breach whose private information the June 24, 2023, data breach exposed and whom Kimco identified as one of the 69,687 people the breach impacted.

How much can class members get?

The settlement provides several types of awards, depending on class members' circumstances and the claims they submit. The total settlement fund is $1.04 million with $640,000 set aside for payments to class members.

Eligible class members may claim any or all of the following benefits:

  • Reimbursement for out-of-pocket losses: Class members may claim up to $5,000 for documented out-of-pocket losses that occurred between June 24, 2023, and Dec. 16, 2026. Examples include bank fees, phone charges, postage, gas for travel and costs for credit monitoring or identity theft insurance purchased as a result of the breach.
  • California Consumer Privacy Act payment: Class members who resided in California on June 24, 2023, can claim a $50 cash payment. This is in addition to other benefits.
  • Pro rata cash payment: After attorneys’ fees, service awards, claims administration, credit monitoring, out-of-pocket losses and CCPA payments, the settlement administrator will distribute any remaining cash in the $640,000 settlement fund equally among all class members who submit valid claims.
  • Credit monitoring and identity protection services: All class members who submit a valid claim will receive two years of credit monitoring and identity protection, including $1 million in identity theft insurance. This benefit is available to every valid claimant regardless of whether they suffered a financial loss.

How to claim a settlement payment

To claim an award, class members must complete an online claim form or print and complete the PDF claim form and mail it to the settlement administrator.

Settlement administrator's mailing address: Kimco Data Incident Litigation, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391

The deadline to file a claim is Dec. 15, 2026.

Required proof/documentation

  • For all claims, class members must provide the class member ID they received in their settlement notice.
  • For credit monitoring and CCPA payments, claimants must certify eligibility and provide basic information, such as their name and address.
  • For reimbursement of out-of-pocket losses, claimants must provide third-party documentation, such as receipts, bills or bank statements showing the loss is fairly traceable to the data incident.

Payout options

  • Paper check via mail
  • Electronic payment (online claims only)

$1.04 million settlement fund

The settlement fund of $1,040,000 includes:

  • Settlement administration costs: Up to $97,000
  • Attorneys' fees: Up to $213,333.33
  • Attorneys' expenses: Up to $45,000
  • Service awards to class representatives: Up to $2,500 each ($10,000 total)
  • Payments to eligible class members: $640,000
  • Business practice enhancements: $400,000

Important dates

  • Deadline to opt out: Nov. 16, 2026
  • Deadline to file a claim: Dec. 15, 2026
  • Final approval hearing: Feb. 18, 2027

When is the Kimco Staffing Services settlement payout date?

The settlement administrator will issue payments and benefits to eligible class members after it resolves any appeals and grants final approval of the settlement.

Why did this class action settlement happen?

The class action lawsuit alleged Kimco Staffing Services failed to adequately protect private information, resulting in a cyberattack on June 24, 2023, that exposed the sensitive data of nearly 70,000 individuals. The plaintiffs claimed an unauthorized party accessed names, Social Security numbers, financial account information and payment card data.

Kimco denied wrongdoing but agreed to settle to avoid the costs and risks of further litigation.

Sources

  1. Claim form
  2. Class notice
  3. Settlement agreement
  4. Settlement website FAQ page
Settlement Open for Claims
Award:
Varies
Deadline:
December 15, 2026
SUBMIT CLAIM