1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Fairness Hearing?
19. Do I have to come to the Final Fairness Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The United States District Court for the District of South Dakota, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called In re: Furniture Mart, USA, Inc., Data Breach Litigation, Case No. 4:25-cv-04018-RAL. It is pending in the United States District Court for the District of South Dakota. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Furniture Mart, USA, Inc., is called the “Defendant.”
Back To Top
This lawsuit alleges that during the November 2024 targeted cyberattack on FMUSA's computer systems, certain files that contained personal information were accessed. These files may have contained personal information such as names, Social Security numbers, and dates of birth.
Back To Top
In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the settlement. In this Settlement, the Class Representatives are Christine Logan; Gabriel Hilmar; and Austin Hinkle. Everyone included in this Lawsuit are the Class Members.
Back To Top
The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorney think the Settlement is best for all Class Members.
Back To Top
The Court has defined the Class this way: “All individuals residing in the United States whose Personal Information was potentially compromised in the Data Breach.”
Back To Top
Yes. Excluded from the Class are: (i) FMUSA and any of its parents, subsidiaries, affiliates, officers and directors, and any entity in which FMUSA has a controlling interest; (ii) all individual who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) any and all federal, state, or local governments, including but not limited to their departments, agencies, divisions, bureaus, boards, sections, groups, councils and/or subdivisions; (iv) the attorneys representing the Parties in the Lawsuit; (v) all judges assigned to hear any aspect of the Lawsuit, as well as their immediate family members; and (vi) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the potential Data Breach, or who pleads nolo contendere to any such charge.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Claims Administrator at:
FMUSA Data Breach Settlement
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@FMUSADataBreachSettlement.com
Call toll free, 24/7: (833) 421-7349
You may also review the Settlement Agreement here.
Back To Top
FMUSA has agreed to pay for a number of different benefits. All Class Members are eligible to claim credit monitoring services, and one or more cash payment options. These benefits are explained in more detail below.
Credit Monitoring. All Class Members are eligible to enroll in three years of CyEx Identity Defense Complete. This comprehensive service comes with $1 million in identity theft insurance, and includes:
real time monitoring of your credit file
dark web scanning
comprehensive public records monitoring
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payment Options
Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Breach, you can get back up to $4,500.00. The losses must have occurred between November 3, 2024, to present.
This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You need to send proof, like bank statements or receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Breach.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
Lost Time. Class Members who spent time responding to the Data Breach may claim up to four hours, at $25.00 per hour, for a maximum of $100.00.
You must have spent the time on tasks related to the Data Breach. Some examples include things like:
changing your passwords
investigating suspicious activity in your accounts
researching the Data Breach
You must briefly describe how you spent this time.
Alternative Cash Payment. Instead of any other cash payment option, you may claim a one-time cash $75.00 payment. You do not have to provide any proof or explanation to claim this payment.
If you have questions about these benefits, you can ask for free help any time by contacting the Claims Administrator at:
FMUSA Data Breach Settlement
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@FMUSADataBreachSettlement.com
Call toll free, 24/7: (833) 421-7349
Back To Top
If you stay in the class, you won’t be able to be part of any other lawsuit against FMUSA about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section 10) describes the legal claims that you give up if you remain in the Class.
Back To Top
The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Claims Administrator at:
FMUSA Data Breach Settlement
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
You may also contact the Claims Administrator to request a Claim Form by telephone, toll free, (833)-421-7349, by email info@FMUSADataBreachSettlement.com, or by U.S. mail at the address above.
Back To Top
If you are submitting a Claim Form online here, you must do so by November 3, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than November 3, 2026.
Back To Top
The Court will hold a Final Fairness Hearing on November 9, 2026, at 10:00 a.m. Central Time (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
Back To Top
Yes, the Court has appointed the law firms of Federman & Sherwood and Ellzey Kherkher Sanford Montgomery, LLP, to represent you and other Class Members (“Class Counsel”).
Back To Top
You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
Back To Top
Class Counsel will ask the court to approve $285,000.00 as reasonable attorney's fees and reimbursement of litigation costs. This amount will be paid by FMUSA.
Class Counsel will also ask for Service Award payments of $2,500.00 for each of the Class Representatives. Service Award payments will also be paid by FMUSA.
Back To Top
If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion, and is sometimes also called “opting out.” If you opt out, you will not receive Settlement benefits or payment. However, you will keep any rights you may have to sue FMUSA on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
The deadline to exclude yourself from the Settlement is October 5, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Lawsuit: In re: Furniture Mart, USA, Inc., Data Breach Litigation, Case No. 4:25-cv-04018-RAL, pending in the United States District Court for the District of South Dakota;
your full name, mailing address, telephone number, and email address;
personal signature;
the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Claims Administrator at:
FMUSA Data Breach Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked by October 5, 2026.
Back To Top
If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have excluded yourself from the Settlement (see Question 15).
You must provide the following information for the Court to consider your objection:
the name of the Lawsuit: In re: Furniture Mart, USA, Inc., Data Breach Litigation, Case No. 4:25-cv-04018-RAL, pending in the United States District Court for the District of South Dakota;
your full name, mailing address, telephone number, and email address;
information that proves that you are a Class Member (such as a notice you have received);
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you have hired your own lawyer to represent you for this objection, provide their name, bar number, and contact information;
whether you or your attorney will personally appear at the Final Fairness Hearing;
your signature (or, if you have hired your own lawyer, your lawyer’s signature).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by October 5, 2026. You must also send a copy of the objection to the Claims Administrator, Class Counsel, and Counsel for Defendants.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | FMUSA Data Breach Settlement |
Class Counsel | Counsel for Defendants |
William B. Federman | James W. Davidson |
Back To Top
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
Back To Top
The Court will hold a final approval on November 9, 2026, at 10:00 a.m. Central Time, at 400 S. Phillips Ave. Sioux Falls, SD 57104.
At the Final Fairness Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
Back To Top
No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Fairness Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
Back To Top
If you do nothing, you will not receive a benefit from this Settlement.
You will also give up the rights described in Question 8.
Back To Top
This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Docs page.
If you have additional questions, you can ask for free help any time by contacting the Claims Administrator at:
FMUSA Data Breach Settlement
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
Email: info@FMUSADataBreachSettlement.com
Call toll free, 24/7: (833) 421-7349
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 400 S. Phillips Ave. Sioux Falls, SD 57104.
Do Not Contact the Court or Clerk of Court Regarding this Settlement.
Back To Top