Kimco Staffing Data Breach Class Action Settlement
Kimco Staffing Services, Inc. agreed to a $640,000 non-reversionary settlement to resolve claims over a June 2023 cyberattack that allegedly exposed names, Social Security numbers, and financial and payment card information of about 69,687 people. Class Members can file a claim by December 15, 2026 for two years of credit monitoring, reimbursement of documented losses up to $5,000, a $50 payment for California residents, and a pro rata cash payment.
Settlement fund
$640K
Common fund
Top payout
Up to $5,000
Documented losses, plus pro rata cash and $50 for California residents
Claim deadline
Dec 15, 2026
41 days remaining
You may be owed money
Get claim instructions and more information directly from the official settlement website. Deadline: Dec 15, 2026.
Do you qualify?
You are a Class Member if ALL of the following apply:
- You are a U.S. resident whose private information was exposed in the Kimco data incident that occurred on or about June 24, 2023, and you were identified as one of the approximately 69,687 affected individuals, including anyone sent notice of the incident.
- If you lived in California on June 24, 2023, you may also qualify for a $50 California payment.
- Excluded: Kimco and its affiliates, entities it controls, and their legal representatives, attorneys, heirs, and successors; judges and court personnel assigned to the case and their immediate families; and anyone who validly opts out.
Not sure if you qualify? Call the Settlement Administrator at (833) 876-1553, email info@KimcoDataSettlement.com, or get more information from the settlement website directly at KimcoDataSettlement.com.
What happened
Kimco Staffing Services, Inc. is a California staffing company. On or about June 24, 2023, Kimco experienced a cyberattack on its network that allegedly exposed names, Social Security numbers, financial account information, and payment card information. Kimco sent notices around December 2023. The resulting lawsuits were coordinated as Kimco Staffing Data Breach Cases, JCCP No. 5321, in Orange County Superior Court.
Kimco denies any wrongdoing or liability, and the Court has not decided who is right. The parties agreed to settle to avoid the cost and risk of continued litigation. Separately from the fund, Kimco agreed to spend about $400,000 on security improvements such as endpoint detection, vulnerability management, data monitoring, and penetration testing.
How to file a claim
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1. Confirm you are eligible
You must be a U.S. resident whose information was exposed in the June 2023 Kimco data incident. Most Class Members received a notice from Kimco or the Settlement Administrator.
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2. Choose your benefits
Every Class Member who files a valid claim can enroll in two years of credit monitoring with $1,000,000 in identity theft insurance. You can also claim documented out-of-pocket losses up to $5,000 for misuse or fraud between June 24, 2023 and December 15, 2026, and California residents can claim a $50 CCPA payment. Any money left after these benefits and costs is split as a pro rata cash payment among approved claimants.
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3. Get the details from the settlement website
Get claim instructions and file through the official settlement website at KimcoDataSettlement.com by December 15, 2026. Paper claims must be postmarked by December 15, 2026 and mailed to: Kimco Data Incident Litigation, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.
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4. Receive your payment
Payments are issued only after the Court grants final approval at the February 18, 2027 Final Approval Hearing and any appeals are resolved.
Key dates
- Nov 16, 2026 Opt-out & objection deadline Soon
- Dec 15, 2026 Claim filing deadline Upcoming
- Feb 18, 2027 Final Fairness Hearing (2:00 p.m. PT, Department CX105) Upcoming
- TBD after final approval Payments issued to claimants Pending
The Final Approval Hearing is scheduled for February 18, 2027 at 2:00 p.m. PT in Department CX105 of the Superior Court of California, County of Orange. The deadline to opt out or object is November 16, 2026. The hearing may move without further notice, so check KimcoDataSettlement.com for updates.
Where the money is going
This is a $640,000 non-reversionary common fund. Attorneys' fees, litigation costs, service awards, notice and administration costs, credit monitoring, documented loss reimbursements, and California payments come out of the fund before the remaining amount is split pro rata among approved claimants. No money returns to Kimco.
All amounts above are maximums and subject to Court approval at the February 18, 2027 Final Approval Hearing. The available amount is our own estimate. Credit monitoring, documented loss claims, and $50 California payments are paid from this amount before the pro rata cash payment is calculated, and loss claims may be reduced pro rata if funds run short.
Common questions
How much money will I receive?
It depends on what you claim and how many people file. Documented out-of-pocket losses are reimbursed up to $5,000, California residents may receive $50, and any remaining money is split pro rata among approved claimants. Amounts are not guaranteed and may be reduced pro rata.
Do I need to submit proof of purchase?
Only for documented losses, which must be supported by third-party records and be fairly traceable to the incident. Credit monitoring, the California payment, and the pro rata cash payment do not require receipts.
What if I didn’t receive a notice?
Notices went to people identified as affected by the incident. If you believe you were affected but did not receive a notice, get more information from the settlement website directly at KimcoDataSettlement.com or call (833) 876-1553.
Does staying in the class affect my right to sue later?
Yes. Unless you opt out by November 16, 2026, you give up claims against Kimco, its employees, and its insurer The Travelers Companies, Inc. that were or could have been asserted based on the facts in the lawsuit, whether or not you file a claim.
When will payments be sent out?
The Final Approval Hearing is February 18, 2027. Payments are made after the Court grants final approval and any appeals are resolved. Check KimcoDataSettlement.com for updates.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
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This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with Kimco Staffing Services, Inc., Kroll Settlement Administration LLC (the Settlement Administrator), or Class Counsel John J. Nelson of Milberg Coleman Bryson Phillips Grossman, PLLC and Jason M. Wucetich of Wucetich & Korovilas LLP. The case is Kimco Staffing Data Breach Cases, Judicial Council Coordination Proceeding No. 5321, pending in the Superior Court of California, County of Orange before the Honorable Melissa R. McCormick. Class representatives are the named plaintiffs identified in the Settlement Agreement. Kimco denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.