Neiman Marcus Data Breach Litigation

Plaintiffs filed this lawsuit against Defendant, individually, and on behalf of Settlement Class members regarding possible unauthorized access to Settlement Class Members’ Personal Information involved in the Data Incident. The Personal Information involved in the Data Incident includes Settlement Class Members’ information that may have been exposed in the Data Incident, which may include: names, email addresses, dates of birth, gift card information, partial credit card numbers, and the last four digits of Social Security numbers.

Plaintiffs allege that Defendant, in May of 2024, identified that Personal Information of Settlement Class members may have been compromised, accessed, and exfiltrated (“Data Incident”). Subsequently, Plaintiffs filed a Consolidated Class Action Complaint against Defendant, alleging causes of action for negligence, negligence per se, breach of contract, and declaratory judgment.

Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendant, or that any law has been violated. Instead, Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt out) from the class.

Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for Settlement Class Members because of the Settlement Class Member Benefits available and the risks and uncertainty associated with continuing the lawsuit.

The Settlement Class includes all persons who live in the United States whose Personal Information was potentially compromised as a result of the Data Incident. You may have been sent notice regarding the Data Incident.

Yes. Excluded from the Settlement Class are (a) all persons who are governing board members of Defendant; (b) governmental entities; (c) the Court, the Court’s immediate family, and Court staff; and (d) any individual who timely and validly opts out of the Settlement.

If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator’s toll-free number at 1-855-338-2018.

If you are a Settlement Class Member and you submitted a timely and valid Claim Form, you may be eligible to receive the following Settlement Benefits:

Documented Loss Cash Payment: You may submit a Claim Form and provide reasonable documentation showing that you spent money or incurred losses related to the Data Incident for up to $2,500 per Settlement Class Member.

Examples of expenses incurred as a result of the Data Incident include (without limitation) bank fees, long distance phone charges, cell phone charges (only charged by the minute), data charges (only if charged based on the amount of data used), postage, gasoline for local travel, and fees for credit reports, credit monitoring, or other identity theft insurance products purchased between May 1, 2024, and October 8, 2025.

Examples of reasonable documentation include (but are not limited to): telephone records, correspondence (including emails), and/or receipts. Personal certifications, declarations, or affidavits from the Settlement Class Member do not constitute reasonable documentation but may be included to provide clarification, context, or support for other submitted reasonable documentation. You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source.

If you do not submit reasonable documentation supporting a loss, or if your Claim Form is invalid as determined by the Settlement Administrator, and you do not cure your Claim Form, your Claim Form will be denied, and you will not receive a Settlement Class Member Benefit.

Your Documented Loss Cash Payment may be subject to a pro rata (a legal term meaning equal share) increase from the Settlement Fund if the amount of timely and valid Claim Forms does not use the entire Settlement Fund. Alternatively, if the amount of timely and valid Claim Forms exceeds the amount of the Settlement Fund, your Documented Loss Cash Payment may be subject to a pro rata decrease.

Credit Monitoring: In addition to a Cash Payment, you may also submit a Claim Form to receive two years of free Credit Monitoring (valued at $108 per year).

Unless you excluded yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

Objecting means telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

Please be aware that the claim filing deadline of October 8,2025 has passed and we are unable to accept late claims.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

Neiman Marcus Data Breach Litigation
Settlement Administrator
P.O. Box 3058
Portland, OR 97208-3058

If you submitted a timely and valid Claim Form, Settlement Class Member Benefits will be provided after the Settlement is approved by the Court and all claims have been processed. It may take time for the Settlement to be approved and Claim processing to be completed. Please be patient and check this website for updates.

Yes, the Court has appointed the attorneys listed in FAQ 18 below as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award attorneys’ fees of up to one-third of the $3,500,000 Settlement Fund, plus reimbursement of costs. Class Counsel will also ask the Court to approve Service Awards for the Class Representatives of up to $3,000 each for their efforts in achieving the Settlement. If awarded by the Court, the attorneys’ fees and costs, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.

Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards will be made available on the Documents page after it is filed with the Court.

To exclude yourself from the Settlement, you must have mailed a written request for exclusion, and be postmarked by September 23, 2025.

No. If you timely opt out, you will not be entitled to receive Settlement Class Member Benefits, but you will not be bound by the Settlement or any judgment in this lawsuit. You can only get Settlement benefits if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you opt out, you give up any right to sue any of the Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Incident, and you will be bound by all the terms of the Settlement and by all proceedings, orders, and judgments in the lawsuit. You must opt out of this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

To object, you must have filed your objection with the Court by September 23, 2025. The deadline has now passed.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting out is telling the Court that you do not want to be part of the Settlement Class. If you opt out, you cannot object because you are no longer part of the Settlement.

The Court will hold a Final Approval Hearing on October 23, 2025, at 1:30 p.m. MT before the Honorable Brian Morris of the United States District Court for the District of Montana at the Missouri River Federal Courthouse, 125 Central Avenue West, Great Falls, MT 59404. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement and Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you would like to speak at the hearing, the Court will also listen to you or your lawyer speak at the hearing, if you so request.

The Zoom link for the October 23, 2025 Motion Hearing is as follows:

https://mtd.zoomgov.com/j/16084709930?pwd=Vb5CJylz38sDUbvOUfZ50hpu9OzTYh.1

Meeting ID: 160 8470 9930

Passcode: 929383

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this website to confirm the date and time of the Final Approval Hearing has not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file a written objection by the deadline, the Court will consider it.

Yes, as long as you do not exclude yourself (opt out) and you submit a timely written objection requesting to speak at the hearing, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 18 above—and specifically include a statement whether you and your counsel will appear at the Final Approval Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive Settlement Class Member Benefits, and you will give up rights to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement relating to the Data Incident.

You may get additional information by calling toll-free 1-855-338-2018.