Data breach class action settlements most often advertise up to $5,000 per person, but that figure caps reimbursement for documented losses. Across 305 data breach settlements tracked by Open Class Actions, the cash available without receipts had a median of $50.
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For most class members, about $50. Across 185 data breach settlements tracked by Open Class Actions that stated a no-documentation cash amount, the median was $50 and 96 percent of those amounts were $100 or less. The larger figures in settlement headlines, most often up to $5,000, are caps on reimbursement for documented out-of-pocket losses, which require receipts or statements.
It is the maximum a single class member can be reimbursed for losses they can document, such as fraudulent charges, credit freeze fees or professional fees, with records. It is not a payment everyone receives. Of 284 tracked data breach settlements that stated a per-person maximum, 119 set it at exactly $5,000, the most common figure by far.
Not in the no-documentation cash payment. Among tracked settlements that stated a no-documentation amount, the median was $50 where Social Security numbers were exposed (116 settlements), $50 where medical information was exposed (91), and $50 where financial account or card numbers were exposed (66). The type of data exposed can matter more for which benefits are offered, such as medical identity monitoring, than for the size of the cash payment.
Usually. Of 215 tracked data breach settlements with a clear filing requirement, 183 (85 percent) required an administrator-issued identifier from the mailed or emailed notice, such as a Class Member ID, Notice ID, or Login ID and PIN, to file online. About a quarter of those said a paper claim form could be submitted without the identifier. Someone who lost the notice can request the identifier through the contact page on the official settlement website.
Most no-documentation cash payments are paid pro rata: whatever remains in a fixed fund after documented losses, fees and costs is split among everyone who filed. The more people who file, the smaller each share. In one tracked case, the notice estimated the pro rata payment at about $358 if 2 percent of the class filed, about $172 at 4 percent, and about $115 at 6 percent.
Not reliably. Among 92 tracked settlements that stated both a total fund and a no-documentation cash amount, the median payment was $75 for funds under $1 million, $75 for funds of $1 million to $5 million, and $75 for funds of $5 million or more. Larger funds usually cover larger classes, so the per-person share stays in a similar range.