Claim DeadlineSeptember 3, 2026same date applies to opt-out and objection deadlines
Estimated Payout$50 or Up to $2,000$50 alternate cash · or up to $2,000 documented losses · plus 2 years credit monitoring
Proof RequiredYes for $2,000 / No for $50receipts required for documented losses; no proof for the $50 alternate cash
What Is the Circle K Data Breach Class Action Settlement?
Did you receive a notice from Circle K telling you that your personal information was
exposed in the May 2024 data breach? You may be eligible for up to $2,000 in cash for
documented identity theft losses, a flat $50 cash payment with no proof required, and
two years of free credit monitoring. The deadline to file is September 3, 2026.
The Circle K class action lawsuit, captioned Brittany Canup, et al. v. Gas Express,
LLC d/b/a Circle K, Case No. 25EV012357, is pending in the State Court of
Fulton County, Georgia. The Circle K data breach lawsuit alleges that during a May 2024
targeted cyberattack on Circle K's computer systems, certain files containing Private
Information were accessed. According to court filings, those files may have contained
personal information including names and Social Security numbers.
Gas Express, LLC (which does business as Circle K) notified affected individuals and
reached a class action settlement to resolve the resulting claims. The class
representatives are Brittany Canup, Quincy Brown, Clarrisa Johnson, and Kolonda
Latrissa Smith. Class Counsel includes attorneys from Kopelowitz Ostrow P.A.; Siri
& Glimstad LLP; Milberg, PLLC; and Laukaitis Law LLC. Circle K denies any
wrongdoing and is settling without admitting liability.
Quick Background: Circle K and Gas Express, LLC
Circle K is a global convenience-store and fuel brand owned by Canadian retailer
Alimentation Couche-Tard, with a network spanning roughly 14,000-plus locations
across about 26 countries and territories. In the United States, the Circle K and
affiliated banners account for an estimated 6,800 to 7,300 stores, making it one of
the largest convenience-store chains in the country. Gas Express, LLC — the
defendant in this case — is an independent Atlanta-based operator that runs a
substantial portfolio of Circle K-branded fueling and convenience locations under a
franchise relationship with the brand. Importantly, the May 2024 Data Incident
affected Gas Express's own computer systems, not the broader Circle K corporate
network operated by Alimentation Couche-Tard, so this settlement covers only
individuals who received a notice from Gas Express d/b/a Circle K.
30-Second Self-Test: Do I Qualify for the Circle K Settlement?
If you can answer yes to the question below, you are likely a Settlement Class Member.
• Did you receive a notice from Circle K (or Gas Express, LLC) telling you that
your private information was impacted in the May 2024 data breach? The class
is defined as living individuals residing in the United States who were sent such a
notice. Class membership is established by Circle K's notice list, so if you received
the notice (typically by U.S. mail or email between mid-2024 and 2025), you qualify.
If you answered yes, head to the official Settlement Website to file your claim by
September 3, 2026. Excluded from the class are Circle K directors, officers, and
agents; governmental entities; and the judge assigned to the case, the judge's
immediate family, and court staff.
What Are the Three Circle K Settlement Benefits?
All Settlement Class Members can claim Credit Monitoring plus one of two Cash Payment
options. Cash Payment A and Cash Payment B are mutually exclusive (you can claim one or
the other, not both). Credit Monitoring stacks with either cash payment.
Benefit 1: Credit Monitoring (no proof required). Two years of CyEx Financial
Shield Complete, including:
• Monitoring for fraud and identity theft
• Monitoring for unauthorized financial transactions
• Monitoring for personal information associated with high-risk transactions
• $1 million of financial fraud insurance coverage
• Access to fraud resolution agents to help fix any problems that arise
Credit monitoring is a real benefit, and class members who do not currently have
ongoing credit monitoring should claim it even if they also claim a cash payment. The
$1 million financial fraud insurance is meaningful coverage for identity theft
scenarios.
Benefit 2: Cash Payment A — Documented Losses (up to $2,000, proof required).
For class members who incurred actual, documented out-of-pocket losses caused by the
data breach. Reimbursable expenses include:
• Losses caused by identity theft or fraud
• Fees for credit reports, credit monitoring, or freezing and unfreezing your
credit
• Cost to replace your IDs (driver's license, passport, etc.)
• Postage to contact banks by mail
Cash Payment A requires receipts, bills, or other reasonable documentation showing
the amount and that the expense was caused by the data breach. Personal certifications,
declarations, or affidavits alone are not enough; the documentation requirement is the
controlling rule. Losses must have occurred between May 20, 2024 and September 3,
2026, and you cannot claim expenses that were already reimbursed by a third party.
Cash Payment A is capped at $45,000 in aggregate. Once total approved Cash Payment A
claims reach $45,000, no further Cash Payment A claims are accepted. Filing early
reduces the risk of being shut out by the cap.
Benefit 3: Cash Payment B — Alternate Cash ($50, no proof required). A
flat one-time payment of $50.00 with no proof of loss required. Class members simply
check the box on the claim form, and the Settlement Administrator processes the
payment without requiring documentation.
Cash Payment B is capped at 700 claims (10 percent of the estimated 7,000 Settlement
Class Members). Once 700 valid Cash Payment B claims are accepted, no further Cash
Payment B claims are processed. Cash Payment B is the most popular option in
comparable data breach settlements because it requires no documentation and is paid
quickly. Class members who want this option should file early to avoid the cap.
How the Proof Requirement Actually Works (Read This Before You File)
One important nuance about the Circle K settlement: the proof requirement is benefit-
specific, not claim-wide. Different benefits have different documentation rules, and
class membership itself is established by the notice list rather than by anything the
claimant submits.
For Cash Payment A (up to $2,000 documented losses): Proof is required no matter
how you submit. Receipts, bills, credit report fees, ID replacement charges, and
similar documentation must accompany each expense claimed. Per the notice, personal
certifications, declarations, or affidavits alone do not constitute reasonable
documentation; they may only be used to provide context for other supporting records.
Without proper supporting documents, the Settlement Administrator will reject the Cash
Payment A claim.
For Cash Payment B ($50 alternate cash): No proof of loss is required, period.
You select that option on the Claim Form, the Settlement Administrator validates class
membership against the notice list, and the $50 payment is processed.
For Credit Monitoring: No proof required.
If you lost or never received your notice: Class membership is determined by
the records of who Circle K (Gas Express) sent a Data Incident notice to, not by
anything you provide. If you believe you should be a Settlement Class Member but
cannot locate your notice, you can contact the Settlement Administrator through the
official Settlement Website (GasExpressDataSettlement.com) for help confirming your
class membership before submitting a claim.
How to File a Circle K Data Breach Claim
Two methods are available, both with the same September 3, 2026 deadline.
Method 1: Online (recommended for speed). Visit the official Settlement Website
at GasExpressDataSettlement.com and follow the
instructions to start a claim. Complete the online Claim Form, upload any
documentation supporting Cash Payment A losses (if applicable), and select your
preferred payment method. Online submissions are typically processed faster than mail
submissions.
Method 2: U.S. mail. Download the printable Claim Form from the Settlement
Website (or request one from the Settlement Administrator through the official site),
complete and sign it, include any documentation supporting Cash Payment A losses, and
mail it to the Settlement Administrator at the address listed on the form. Mailed
claims must be postmarked no later than September 3, 2026.
If you cannot locate your notice: Class membership is determined by Circle K
(Gas Express) records of who was sent a Data Incident notice, not by what you submit.
If you think you should be a Settlement Class Member but cannot find your notice, the
Settlement Administrator can help confirm whether you are on the notice list before
you file a claim. Contact information is published on the official Settlement Website.
Payment method options: The Claim Form lets you choose how you want to be paid
if your claim is approved, including electronic options like PayPal, Venmo, Zelle, and
virtual prepaid card, or a physical check by U.S. mail. Electronic options are
typically delivered faster than a mailed check. Confirm the current list of available
payment methods on the Claim Form itself.
Key Circle K Data Breach Settlement Deadlines
• Submit a claim by: September 3, 2026 (online) or postmarked by September
3, 2026 (mail)
• Opt out of the settlement by: September 3, 2026
• Object to the settlement by: September 3, 2026
• Cash Payment A documented losses must have occurred between: May 20, 2024
and September 3, 2026
• Final Approval Hearing: September 18, 2026, in the State Court of Fulton
County, Georgia, 185 Central Avenue SW, Atlanta, GA 30303
When Will I Receive My Circle K Settlement Payment?
Payments will be issued only after the Court grants final approval at the September
18, 2026 fairness hearing and after any appeals are resolved. Realistic timing depends
on whether the settlement faces appeals.
• Best case (no appeals): Final approval at the September 18, 2026
hearing, appeals window closes 30 days after, payments distributed in late 2026 or
early 2027.
• If appeals are filed: Distribution can be delayed by 12 to 36 months
while the appellate court reviews the settlement, the fee award, or the allocation
methodology.
Electronic payments (PayPal, Venmo, Zelle, Virtual Prepaid Card) are typically
processed within days of the Effective Date. Physical checks take longer because of
printing, addressing, and U.S. mail delivery.
Watch Out for Caps on the Cash Payments
Two structural caps in the Circle K settlement make timing matter. Class members who
wait until the September 3, 2026 deadline risk being shut out by either cap.
Cash Payment A cap: $45,000 aggregate. Once approved Cash Payment A claims
total $45,000 in aggregate, no additional Cash Payment A claims are accepted. With a
$2,000 maximum per claim, this cap accommodates roughly 22 to 30 maximum-value
claims, fewer if claimants average above the maximum, more if claimants average below.
For class members with substantial documented losses, filing early matters.
Cash Payment B cap: 700 claims (10 percent of class). The flat $50 alternate
cash payment is capped at 700 valid claims. With approximately 7,000 Settlement Class
Members and the $50 option being structurally attractive (no documentation required,
fast payment), the cap is likely to fill quickly. Class members who want the $50
option should file as soon as practical.
Credit Monitoring has no cap. All Settlement Class Members who claim it receive the
full two-year CyEx Financial Shield Complete enrollment.
What Happens If I Do Nothing?
If you do nothing, you remain in the Settlement Class (assuming you do not opt out)
and will be bound by the Court's decisions, but you will not receive any payment or
credit monitoring. You will also give up your right to sue Circle K or Gas Express
for legal claims being released by the settlement, including future claims related to
the May 2024 data breach.
For class members whose information was exposed in the breach, doing nothing is
generally not the optimal choice. The $50 Cash Payment B option requires no
documentation, no explanation, and only a few minutes to claim. The two years of free
credit monitoring is genuinely useful coverage given the Social Security number
exposure that may have occurred. Filing both is a practical baseline for most class
members.
How to Opt Out or Object to the Settlement
Class members who do not want to be bound by the settlement have two alternatives:
opting out (excluding themselves) or objecting (staying in but raising concerns).
Both have the same September 3, 2026 deadline.
Opting out means giving up the right to receive any settlement benefit but
preserving the right to sue Circle K individually for the same claims. Opt-out
requests must be in writing, postmarked by September 3, 2026, and mailed to the
Settlement Administrator. The request must include the case name, your full contact
information, your personal signature, and a clear "Opt-Out Request" statement. Group,
class, or mass opt-outs are not permitted.
Objecting means staying in the class (and remaining eligible for benefits) but
asking the Court to reject or modify the settlement. Written objections must be filed
with the Clerk of Court (State Court of Fulton County) by September 3, 2026, with
copies served on Class Counsel and Defendant's Counsel. Objections must include
extensive documentation, including a list of class action settlements the objector or
counsel has objected to in the past five years, supporting evidence, witness lists,
and the objector's personal signature.
Other Active Data Breach Class Action Settlements
Data breach class actions have become increasingly common as cyberattacks continue to
target consumer-facing companies. OCA covers related data breach settlements on
separate pages, including settlements involving payment processors, retailers,
healthcare providers, and other industries. Class members who have received notices
from multiple companies about separate data breaches may qualify for separate
settlements; filing one claim does not affect eligibility for any others.
If you have received notices from other companies about data breaches affecting your
personal information, check the
OCA database of open class action settlements for any matching
cases that may also pay benefits.
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:
• Official Settlement Website: GasExpressDataSettlement.com
• Brittany Canup, et al. v. Gas Express, LLC d/b/a Circle K, Case No.
25EV012357, State Court of Fulton County, Georgia
• Notice of Proposed Class Action Settlement
• Data Incident Settlement Claim Form
• Massachusetts Office of the Attorney General — Data Breach Notification
Letters, January 2025 (Gas Express, LLC sample notice on file with the OAG):
mass.gov
• Fulton County State Court online docket search (case lookup for 25EV012357):
fultoncourt.org
Filing Class Action Settlement Claims
Please submit only truthful information on any Claim. False or fraudulent claims can
be rejected and may lead to penalties. If you are not sure whether you qualify, review
the eligibility information at GasExpressDataSettlement.com or contact the Settlement
Administrator. OpenClassActions.com is a consumer news site and is not the Settlement
Administrator or a law firm, and we do not process or decide claims.
Two years of free credit monitoring (CyEx Financial Shield Complete with $1M fraud insurance) plus one of: up to $2,000 for documented losses (Cash Payment A) OR $50 flat alternate cash with no proof (Cash Payment B)
Cash Payment A Cap
$45,000 aggregate (file early)
Cash Payment B Cap
700 claims (10% of class, file early)
Claim Form Deadline
September 3, 2026
Opt Out / Object Deadline
September 3, 2026
Loss Window for Cash Payment A
May 20, 2024 to September 3, 2026
Final Approval Hearing
September 18, 2026, State Court of Fulton County, Georgia
Category
Data Breach / Privacy
Defendants
Gas Express, LLC d/b/a Circle K
Case Number
25EV012357
Case Title
Brittany Canup, et al. v. Gas Express, LLC d/b/a Circle K
Court
State Court of Fulton County, Georgia
Class Definition
All living individuals residing in the United States who were sent a notice by Circle K that their Private Information was impacted in the May 2024 Data Incident
Settlement Administrator
Court-appointed administrator (contact via official Settlement Website)
Class Counsel
Kopelowitz Ostrow P.A.; Siri & Glimstad LLP; Milberg, PLLC; Laukaitis Law LLC
Payment Methods
PayPal, Venmo, Zelle, Virtual Prepaid Card, or Physical Check
Proof Required to File?
Yes for Cash Payment A documented losses; No for Cash Payment B alternate cash and Credit Monitoring