The U.S. District Court for the District of Vermont granted preliminary approval of the settlement on August 11, 2026 and entered an amended approval order on September 15, 2026. The final approval hearing is set for November 30, 2026. Under the order, claims are due 90 days after the class notice date, but the notice, the claim form and the settlement website were not available from any source reviewed as of October 19, 2026, so the exact claim deadline has not been confirmed. No payment date has been announced.
Free settlement alerts
Get notified when new class actions open to claims
Join thousands of readers who get the latest class action settlements you may qualify for — delivered straight to your inbox.
Status
Preliminary Approval Granted
Amended order Sept. 15, 2026 · final approval hearing Nov. 30, 2026
Claim Deadline
Not confirmed
90 days after the class notice date · exact date not yet published
Estimated Payout
~$75 or up to $4,000
Pro rata cash, or documented losses · plus 2 years of credit monitoring
Proof Required
Yes
Documentation for loss claims · online claim form not yet reviewed
Chief District Judge Christina Reiss granted preliminary approval of the settlement in Malaterre v. National Bath Systems, LLC on August 11, 2026, and entered an amended order on September 15, 2026. The amended order appoints Epiq Class Action & Claims Solutions, Inc. as settlement administrator, approves the notice and claim forms, and sets the schedule for notice, opt-outs, objections and claims. A September 2 notice moved the final approval hearing up to November 30, 2026, from a February 22, 2027 date set earlier.
The lawsuit was filed by a Bath Fitter employee after the company disclosed what the court order calls the "Security Incidents." The court had earlier allowed the employee’s negligence and implied-contract claims to go forward after Bath Fitter moved to dismiss the case, as Bloomberg Law reported. Bath Fitter has not admitted wrongdoing, and the order states that it is not an admission of fault, wrongdoing or liability by the company.
The settlement class covers all U.S. resident individuals who were employed by Bath Fitter or one of its affiliates on or before May 13, 2026, and whose personal information may have been accessed or acquired in the security incidents. Former employees are included as long as they were employed on or before that date.
The class excludes Bath Fitter’s officers and directors, the judge and court staff assigned to the case, the attorneys for both sides, and anyone found guilty of, or pleading no contest to, taking part in the criminal activity behind the incidents. Bath Fitter customers are not in the class unless they were also employees.
The preliminary approval order describes four kinds of relief, which class members choose among on the claim form:
- Reimbursement of ordinary out-of-pocket losses, up to $450 per class member.
- Reimbursement of extraordinary out-of-pocket losses, up to $4,000 per class member, which includes up to 8 hours of time spent dealing with the incidents at $20 per hour.
- An alternative cash payment, available instead of any loss or time reimbursement. It is estimated at $75, but the actual amount is $23,593.50 divided by the number of approved claims for this option, so it rises or falls with the number of claimants.
- Two years of three-bureau credit monitoring, which class members can elect.
The order does not state a total settlement fund. The $75 figure is an estimate, and the final amount depends on how many class members choose the cash option. The full definitions of ordinary and extraordinary losses are in the settlement agreement, which was filed with the court but is not available in the public docket mirror.
Claims for ordinary or extraordinary out-of-pocket losses are reimbursements, so they require documentation of the losses being claimed. The online claim form has not been reviewed, so it is not yet confirmed whether the form also requires a notice ID or other code from the class notice. Most employee data breach settlements gate the online form on an identifier printed in the notice, and this page treats the settlement as proof required until the form shows otherwise.
The order sets every class member deadline by counting from the class notice date, which falls 30 days after the order is entered:
- Opt-out (exclusion) deadline: 60 days after the class notice date.
- Objection deadline: 60 days after the class notice date.
- Claim deadline: 90 days after the class notice date.
Counting from the September 15, 2026 amended order, notice would go out around October 15, 2026 and claims would be due around mid-January 2027. That is an estimate. The court-approved dates will appear in the class notice and on the settlement website, and the order says no timezone for any of them.
Epiq sends the class notice to the employees on the class list Bath Fitter provides to the administrator, and the notice names the settlement website and explains how to file. The order directs Epiq to make the claim form available to class members in the way the notice describes. A request to opt out has to be in writing, mailed to the administrator by the opt-out deadline, and has to identify the case (Malaterre v. National Bath Systems, LLC, or "Bath Fitter Data Incident Lawsuit"), give the class member’s name, state that it is a request for exclusion, and be signed. This page will add the official settlement website once it is located.
The final approval hearing is scheduled for November 30, 2026 at 10:00 a.m. Eastern in Courtroom 510 of the federal courthouse in Burlington, Vermont. Class counsel’s motion for attorneys’ fees, expenses and a service award is due 14 days before the objection deadline, and the final approval brief is due at least 14 days before the hearing. Payments go out only after final approval and any appeals are resolved; no payment date has been announced.
The settlement agreement, class notice and claim form were not available from these sources. Figures on this page come from the court’s amended order.
Does the Bath Fitter settlement cover customers?
No. The settlement class is limited to U.S. residents who were employed by Bath Fitter or one of its affiliates on or before May 13, 2026 and whose personal information may have been accessed or acquired in the security incidents. Customers who bought a tub or shower liner are not part of the class unless they were also employees.
Can former Bath Fitter employees take part?
The class definition turns on employment on or before May 13, 2026, not on current employment, so people who have since left Bath Fitter are covered if their information may have been involved in the security incidents.
How is the $75 cash payment calculated?
According to the preliminary approval order, the alternative cash payment is estimated at $75, but the actual amount is $23,593.50 divided by the number of approved claims for that option. More approved claims means a smaller payment for each claimant, and fewer means a larger one.
When is the Bath Fitter final approval hearing?
The court set the final approval hearing for November 30, 2026 at 10:00 a.m. Eastern in Burlington, Vermont. The order says the court may move the hearing without further notice, and any new date will be posted on the website run by the settlement administrator, Epiq.
For more class actions keep scrolling below.
Case Title
Malaterre v. National Bath Systems, LLC
Case Number
2:25-cv-00543
Court
U.S. District Court, District of Vermont
Final Approval Hearing
November 30, 2026 at 10:00 AM
Courtroom 510, Burlington, Vt.
Administrator
Epiq Class Action & Claims Solutions, Inc.