A Settlement has been reached with cbdMD, Inc. and CBD Industries, LLC (collectively “cbdMD”) in a class action lawsuit about a data Security Incident that potentially exposed payment card data of customers between March 30, 2020 and May 8, 2020, and also between May 14, 2020 through May 18, 2020. The lawsuit alleges that cbdMD was responsible for the Security Incident because cbdMD did not take appropriate care to protect its eCommerce platform from hacking. cbdMD denies the claims and denies any wrongdoing.
During the Security Incident, cbdMD suffered a cyberattack on its eCommerce platform that accepts payment cards. The Security Incident potentially resulted in unauthorized access to customer payment card data, including first and last names, shipping addresses, billing addresses, credit or debit card numbers including expiration dates and card verification values, and/or bank account numbers. Subsequently, a class action lawsuit was filed asserting claims against cbdMD relating to the Security Incident.
The Settlement includes all persons residing in the United States who used a credit, debit, or other payment card to make an online purchase with cbdMD between March 30, 2020 at 00:03:12 UTC (Coordinated Universal Time) (March 29, 2020 at 8:03 pm ET) and the end of May 8, 2020, or between May 14, 2020 at 21:02:57 UTC (6:02:57 pm ET) through the end of May 18, 2020.
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.
Your legal rights are affected even if you do nothing. Read this Notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
| Submit a Claim | The only way to get a payment. You must submit a claim by June 2, 2022. |
| Ask to be Excluded | Get no payment. The only option that allows you to sue cbdMD over the claims resolved by this Settlement. You must exclude yourself by June 2, 2022. |
| Object | Write to the Court about why you do not like the Settlement. You must object by June 2, 2022. |
| Do Nothing | Get no payment. Give up rights. |
The Long Form Notice is available to explain your legal rights and options in more detail.
The Court will hold a Final Settlement Approval Hearing on August 9, 2022 at 11:00 a.m. ET at the United States District Court for the Western District of North Carolina (Charlotte Division) located at Charles R. Jonas Federal Bldg., 401 West Trade Street, Charlotte, NC 28202, to consider whether to approve the settlement. The Court will hear objections, determine if the Settlement is fair, and consider Class Counsel’s request for attorneys’ fees, costs, and expenses of $135,000 and service awards of $2,500 for each of the Representative Plaintiffs. You or your own lawyer may ask to appear at the hearing to be heard by the Court, but you do not have to. The Motion for attorneys’ fees and costs and service awards for the Representative Plaintiffs will be posted on the website after it is filed with the Court.