You May Get a Share of Money From Kimpton Hotels Data Breach Settlement

You may be eligible for your share — up to $10,000.00 — of $600,000.00 from a class action settlement which was reached in mediation if you are a resident of the United States of America who used a credit card or debit card between Tuesday, February 16, 2016 and July 7, 2016 at 62 locations of what was then known as Kimpton Hotel & Restaurant Group, LLC

You May Get a Share of Money From Kimpton Hotels Data Breach Settlement

…but you must electronically submit your claim with a valid claim no later than Thursday, August 22, 2019 using this form; or you can choose to submit your claim via postal mail to:

Kimpton Settlement Claims
P.O. Box 4079
Portland, OR 97208-4079

Kimpton Hotel & Restaurant Group, LLC was the victim of a data breach in which the attackers installed unauthorized malware on certain servers which processed credit cards or debit cards used at some Kimpton hotels and restaurants between Tuesday, February 16, 2016 and July 7, 2016. Kimpton Hotel & Restaurant Group, LLC publicly announced the security incident on Wednesday, August 31, 2016. The malware used in the security incident searched for track data read from the magnetic stripe of payment cards as it was being routed through the affected servers. The malware primarily found track data that contained the payment card number, expiration date, and internal verification code; but in some instances the malware found the track data that also contains the cardholder name. Subsequently, this lawsuit was filed asserting claims against Kimpton Hotel & Restaurant Group, LLC relating to the security incident that the company failed to protect almost 150,000 of its customers from the data breach.

The settlement provides payments to people who submit valid claims for out-of-pocket expenses and charges that were incurred and plausibly arose from the security incident, and for other extraordinary unreimbursed monetary losses. Valid claims include receipts, bank statements, credit card statements, communication bills, and other forms of documentation of expenses; or proof of time spent.

Since May of 2018, Kimpton Hotel & Restaurant Group, LLC attempted to settle the claims multiple times; but Vince Chhabria — who is a district judge of the United States District Court for the Northern District of California — rejected the settlement deal twice after finding that the deal was insufficient for class members before finally approving of the settlement on the third try in January of 2019.

The settlement will provide payments to people who submit valid claims.

There are two types of payments that are available: Expense Reimbursement and Extraordinary Expense Reimbursement. You may submit a claim for either or both types of payments. In order to claim each type of payment, you must describe each expense and how it related to the security incident. You may also provide related documentation — such as receipts and bank statements as only two of many examples — with your claim form if they are available. The claim form includes examples of types of expenses you may have incurred and how to document them.

Expense Reimbursement Settlement Classes and Benefits

Settlement Class Members are eligible to receive reimbursement of up to $250.00 in total for the following categories of out-of-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, Internet usage charges if charged by the minute or by the amount of data usage and incurred solely as a result of the security incident, and text messages if charged by the message and incurred solely as a result of the security incident;
  • Unreimbursed charges from banks or credit card companies;
  • Postage;
  • Interest on payday loans due to card cancellation or due to over-limit situation;
  • Reimbursement of up to five hours of documented lost time — at $25.00 per hour — spent dealing with replacement card issues or in reversing fraudulent charges or otherwise dealing with the Security Incident, but only if at least one full hour was spent;
  • An additional $15.00 payment for each credit or debit card on which documented fraudulent charges were incurred that were later reimbursed;
  • Costs of credit report(s) purchased between Monday, February 1, 2016, and Thursday, August 22, 2019, but only if it was purchased primarily because of the Security Incident;
  • Costs of credit monitoring and identity theft protection — not to exceed $80.00 — purchased between Monday, February 1, 2016, and Thursday, August 22, 2019, but only if it was purchased primarily because of the Security Incident.

Extraordinary Expense Reimbursement Settlement Classes and Benefits

Settlement Class Members who had other extraordinary unreimbursed monetary out-of-pocket losses as a result of the Security Incident are eligible to make a claim for reimbursement of up to $10,000.00. As part of the claim, the Settlement 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 Monday, February 1, 2016, through Thursday, August 22, 2019;
  4. The loss is not already covered by one or more of the aforementioned categories in the Expense Reimbursement Settlement Class; 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.

Summary

If you do decide to participate in this settlement, completion of the claim form supposedly will consume only a few minutes of your time; but do not expect any major windfall, as you will not exactly get rich from this settlement — although you could receive up to $10,000.00 — but that may be better than nothing at all.

You apparently qualify for either settlement based on where the data breaches occurred and not by where you are legally based, which is especially good news for frequent travelers who patronized any of the 62 locations of what was then known as Kimpton Hotel & Restaurant Group, LLC while traveling.

If you would prefer to exclude yourself from this settlement so that you may sue on your own behalf, you must send a letter that says you want to be excluded from the Settlement in Parsons v. Kimpton Hotel & Restaurant Group, LLC, Case No. 3:16-cv-05387-VC. Include your name, address, and signature. You must mail your exclusion request postmarked by Saturday, June 8, 2019, to the following address:

Kimpton Settlement Exclusions
P.O. Box 4079
Portland, OR 97208-4079

You cannot exclude yourself by telephone or on via the Internet.

For additional information, you can either peruse this list of questions which are frequently asked; or you can call 1-855-789-0900.

The Kimpton Hotel Monaco Salt Lake City is one of the 62 hotel properties which is on the list of where the data breach occurred. Source: Kimpton Hotel Monaco Salt Lake City.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

BoardingArea