The proposed settlement provides $1,040,000 in total benefits for people whose private information was exposed in the 2023 Kimco Staffing data incident, including a $640,000 cash fund. Class members who claim get two years of credit monitoring and can also claim documented losses; claims are due December 15, 2026.
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Benefit Summary
Settlement Class Members not eligible for the CCPA payment: available benefits include 2 years of credit monitoring, Up to $5,000 documented losses, Pro rata cash payment, Business practice enhancements.
California-resident Settlement Class Members: available benefits include 2 years of credit monitoring, Up to $5,000 documented losses, $50 CCPA payment, Pro rata cash payment, Business practice enhancements.
Aggregate benefits cap: $640,000.
Available Awards
Settlement Class Members not eligible for the CCPA payment: Up to $5,000 documented losses + Pro rata cash payment; California-resident Settlement Class Members: Up to $5,000 documented losses + $50 CCPA payment + Pro rata cash payment
Who Is Included
The settlement covers U.S. residents whose Private Information was exposed in the Kimco Data Incident, including people sent notice of the incident, subject to the listed exclusions.
- Proof required: For out-of-pocket-loss reimbursement, submit third-party documentation supporting an actual, unreimbursed loss, plus your name and current address and a brief description if the records do not make the loss clear. Receipts or other records not prepared by you may qualify; handwritten receipts alone are insufficient. The notice does not state that loss documents are required for credit monitoring, the CCPA payment, or a pro rata cash payment.
Claim and Payment Information
- Claim method: Online submission or mail
- Claim deadline: 2026-12-15
- Instructions: Complete the Claim Form, follow its instructions, and provide any documentation required for the benefit you claim.
Questions & Answers
Who is included in the settlement?
- The settlement covers people who lived in the United States and whose Private Information was exposed in Kimco’s Data Incident. This includes people who were sent a notice about the incident.
- The settlement excludes Kimco and related entities and persons, the judges and court personnel in the case and their immediate families, and people who validly opt out.
What benefits can I claim, and can I claim more than one?
- A valid claim can provide two years of credit monitoring and identity-protection services. The services include up to $1 million in identity-theft insurance, real-time credit monitoring, and access to fraud-resolution agents.
- You may also seek up to $5,000 for qualifying documented losses and a share of money left in the Settlement Fund. People who lived in California on June 24, 2023 may additionally seek a $50 CCPA payment.
- The notice says you may claim any or all available benefits. The pro rata cash amount is not fixed; it depends on money remaining after the listed fees, costs, and other claims are paid.
What do I need to show for out-of-pocket-loss reimbursement?
- You may seek up to $5,000 for an actual, unreimbursed monetary loss that is fairly traceable to the Data Incident. The loss must have occurred between June 24, 2023 and December 15, 2026.
- You must make reasonable efforts to avoid the loss or obtain reimbursement, including using available credit-monitoring and identity-theft insurance.
- You need third-party records supporting the loss. Receipts or other records not prepared by you can be used. A handwritten receipt by itself is not enough. Include your name, current address, and a short description when the documents do not make the loss clear.
- These claims may be reduced proportionally if the available Settlement Fund money is insufficient after the listed fees, awards, and administration costs.
How do I submit a claim, and what is the deadline?
- Submit a Claim Form online or mail it to the Settlement Administrator. Online claims must be submitted, and mailed claims postmarked, by December 15, 2026.
- Follow the Claim Form instructions and include the documentation required for the benefit you are seeking. The notice specifically explains the supporting-record requirement for out-of-pocket losses; it does not specify whether documents are required for the CCPA payment or pro rata cash payment.
What happens if I opt out?
- Opting out means leaving the settlement. You will receive no settlement benefits, but you keep the right to bring your own lawsuit about the same claims.
- Use the Opt-Out Form. It must include your name, address, email address, and your physical-ink or authenticated digital signature. Email it by November 16, 2026 or mail it with a November 16, 2026 postmark.
- Do not submit a Claim Form if you opt out.
How do I object, and do I need to attend the hearing?
- You may object if you are a Settlement Class Member and disagree with the settlement or part of it. Objecting is different from opting out: an objector remains in the settlement, while someone who opts out cannot object.
- Use the Objection Form and email it or mail it with a postmark by November 16, 2026. Your written objection must include your contact information, the case name and number, information showing you are a class member, your reasons, and your signature, along with the other information listed in the notice.
- The Final Approval Hearing is scheduled for February 18, 2027, at 2:00 p.m. PT in Department CX105. You do not have to attend for the Court to consider a timely written objection.
What happens if I do nothing?
- If you do nothing, you will not receive any settlement benefits.
- If the settlement receives final approval and the judgment becomes final, you will give up the right to bring, continue, or join another lawsuit against Kimco and the other Released Persons based on the claims covered by this settlement.
When might benefits or payments be provided?
- No payment date is guaranteed. The Court first must approve the settlement, and any appeals must be resolved. Claims also need to be processed.
- The notice warns that appeals can take time, perhaps more than a year. The pro rata cash payment, if any, also cannot be calculated until the earlier settlement costs and claims are paid.
Other Important Dates
- Exclusion deadline: 2026-11-16
- Objection deadline: 2026-11-16
- Final approval hearing: February 18, 2027, at 2:00 p.m. PT
- Hearing location: Department CX105
Case Details
- Case name: Kimco Staffing Data Breach Cases
- Case number: Judicial Council Coordination Proceeding No. 5321
- Court: Superior Court for the State of California for the County of Orange
- Administrator: Kroll Settlement Administration LLC
- Official Settlement Website: https://www.KimcoDataSettlement.com
Sources
Official Settlement Website
Claim form, FAQ, deadlines, administrator information
Visit Site →Claim form, FAQ, deadlines, administrator information
Official Settlement Notice (PDF)
Court-approved notice describing eligibility and benefits
Open PDF →Court-approved notice describing eligibility and benefits