This settlement resolves claims over a November 2024 cyberattack on Furniture Mart, USA — the Sioux Falls furniture retailer — in which files holding names, Social Security numbers and dates of birth were accessed. If you were notified, you can take a flat $75 with no documentation at all, or instead claim up to $4,500 in documented losses plus up to $100 for time you spent dealing with it — and either way you can enroll in three years of credit monitoring.
Current Status
Claims are open. The deadline to file is November 3, 2026, online or by mail. The deadlines to opt out or to object come nearly a month earlier, on October 5, 2026. The Court has scheduled a Final Fairness Hearing for November 9, 2026 at 10:00 a.m. Central Time in Sioux Falls, and the settlement has not been approved yet. No payment date has been announced: the Notice says payments are distributed only if the Court grants final approval and after any appeals are resolved. If a notice reached you, it carries the LoginID and PIN you need to file online.What Changed Recently?
The settlement is newly open to claims. Furniture Mart, USA, Inc. has agreed to resolve In re: Furniture Mart, USA, Inc., Data Breach Litigation, Case No. 4:25-cv-04018-RAL, in the United States District Court for the District of South Dakota, and the Court has authorized notice to the class. Simpluris is administering the settlement, and the claim portal, the notice, the claim form and the settlement agreement are live on the official settlement website.Furniture Mart, USA denies that it did anything wrong, and the Notice says the Court has not decided who is right. Both sides agreed to settle to avoid the costs, risks, disruptions and uncertainties of continuing the lawsuit.
What the Case Is About
According to the Notice, a targeted cyberattack on the computer systems of Furniture Mart, USA in November 2024 gave an attacker access to certain files containing personal information. The company is a furniture retailer headquartered in Sioux Falls, South Dakota.The Notice describes the affected files as potentially having contained names, Social Security numbers and dates of birth. That combination is the core material for identity theft — a name paired with a Social Security number and a date of birth is enough to attempt to open accounts or file returns in someone else's name — and unlike a payment card number, none of the three can be reissued.
The lawsuit alleges that those files were accessed in the attack. Those are allegations; the Court has made no finding that Furniture Mart, USA did anything wrong, and the company denies it.
Who Qualifies?
The Court has defined the Class as all individuals residing in the United States whose Personal Information was potentially compromised in the Data Breach.The class is nationwide, not South Dakota-only, even though the company and the court are both in Sioux Falls. The Notice also says that Furniture Mart, USA's records indicate a person who received the notice is a Class Member entitled to benefits, and that a previous notice may have come directly from the company back when the incident was disclosed — so the mailed or emailed settlement notice is the practical marker of membership.
Six groups are excluded: Furniture Mart, USA together with its parents, subsidiaries, affiliates, officers and directors and any entity it controls; anyone who timely opts out; federal, state and local governments and their departments, agencies and subdivisions; the attorneys representing the parties; the judges assigned to any aspect of the lawsuit and their immediate family members; and anyone found guilty under criminal law, or who pleads nolo contendere, in connection with initiating, causing, aiding or abetting the breach.
How Much Can You Get?
Furniture Mart, USA has agreed to pay for the benefits below. Every Class Member can claim credit monitoring, and one cash route.- Credit monitoring — three years of CyEx Identity Defense Complete. Every Class Member is eligible. The Notice describes it as including $1 million in identity theft insurance, real-time credit file monitoring, dark web scanning and public records monitoring, with access to a fraud resolution agent.
- Documented losses — up to $4,500. Reimbursement of actual, documented out-of-pocket losses caused by the breach, incurred between November 3, 2024 and the present.
- Lost time — up to $100. Up to four hours at $25.00 per hour for time spent responding to the breach, with a brief description of how the time was spent.
- Alternative Cash Payment — a one-time $75.00. No proof or explanation required, and available instead of any other cash payment option.
The structure here rewards reading the Claim Form rather than the summary, because the two cash routes behave differently from each other. Documented losses and lost time are separate sections of the Claim Form and are not framed as alternatives to one another, so a Class Member with receipts and hours to describe can claim both — up to $4,500 plus up to $100, or $4,600 in total. The $75 is the other route: the Claim Form says in capitals not to claim the Alternative Cash Payment if you are claiming payments from the documented-losses or lost-time sections, and the Notice describes it as available instead of any other cash payment option.
So the decision is really a single one. If you have nothing to document and nothing worth describing, the $75 is the whole benefit and it costs no effort. If you have even a few hours of genuine time spent — the Notice gives changing passwords, investigating suspicious account activity and researching the breach as examples — the lost-time tier alone can pay $100, more than the alternative payment, and documented losses sit on top of that. The credit monitoring is outside the choice: Section II of the Claim Form is its own checkbox, and nothing in the documents makes it exclusive of any cash tier.
Two limits apply to the documented tier. Expenses already reimbursed by a third party cannot be claimed. And while you may submit notes or papers you wrote yourself to explain or support other proof, the Notice is explicit that those alone are not enough to make a valid claim.
One thing the published documents notably do not contain is a total settlement fund, an aggregate cap on cash payments, or any pro rata reduction language. Most data breach settlements state a fund and warn that payments shrink if claims exceed it; the Notice, FAQ and Claim Form here say only that Furniture Mart, USA has agreed to pay for the benefits. The fee and service award requests are described the same way — paid by the company, rather than out of a pot the class shares. That is what the documents say, not a guarantee: no figure is published to measure against, and the Court has not yet approved anything. If you want the background on why a fund figure usually matters, our explainer on how data breach class actions work covers the usual arithmetic.
What Proof Is Required?
Filing online requires the LoginID and PIN printed at the top of the notice you were sent. The claim page is a login screen, so those credentials are not optional there — which is why this page treats the settlement as Proof Required: Yes even though the $75 option asks for no documentation of any kind.There is a route around that credential, and it is worth knowing about. The downloadable paper Claim Form asks for the Login ID only if known, so a mailed claim does not depend on having the notice in hand. Anyone who cannot locate their LoginID and PIN can also request them from the Claims Administrator through the contact route on the official settlement website.
Past that credential, what you have to prove depends on which cash route you pick:
- Alternative Cash Payment, the $75: nothing. The Notice says you do not have to provide any proof or explanation.
- Lost time, up to $100: no documents, but you must select the number of hours and briefly describe what you spent the time on.
- Documented losses, up to $4,500: proof such as bank statements or receipts showing how much you spent or lost, and the Claim Form asks you to itemize each expense with a description and an amount.
The Notice adds that your proof or notes should show that the expenses were because of the breach, and the Claim Form's attestation is signed under penalty of perjury. Claims are subject to verification, and the Claims Administrator may ask for supplemental information before treating a claim as complete and valid — so keep copies of whatever you submit. If your expenses run past the rows on the paper form, additional sheets can be attached, each signed and printed with your name.
One practical detail that often gets missed: the Claim Form asks you to pick how you want to be paid, from PayPal, Venmo, Zelle, a virtual prepaid card or a physical check. A check goes to the address you give in the contact section, and the Claim Form asks you to notify the Claims Administrator if your contact information changes after you file.
What Are the Deadlines?
Three dates, and the gap between the first two and the third is wide:- October 5, 2026 — opt out. A written Request for Exclusion must be mailed to the Claims Administrator, postmarked by this date, carrying the case name and number, your full name, mailing address, telephone number and email address, your personal signature, and the words "Request for Exclusion" or a clear equivalent. You may only exclude yourself, not anyone else.
- October 5, 2026 — object. A complete objection must be filed with the Clerk of Court by this date, with copies sent to the Claims Administrator, Class Counsel and Counsel for Defendants.
- November 3, 2026 — submit a claim. Online by this date, or by mail (see the conflict below).
The mail deadline is where the published documents stop agreeing, and it is worth handling carefully. The settlement FAQ says a mailed Claim Form, with supporting documentation, must be postmarked no later than November 3, 2026. The Claim Form itself says claims must be received by November 3, 2026, and that paper forms must be mailed so that they are received by the Claims Administrator no later than that date. Those are not the same standard — a form postmarked on November 3 will not arrive on November 3. The safe reading is the stricter one: mail well ahead of the deadline, or file online and take the question off the table. An emailed image of a completed Claim Form is a third route the Claim Form offers.
The claim window also closes six days before the November 9 Final Fairness Hearing. That ordering matters practically: waiting to see whether the Court approves the settlement before deciding to file is not possible, because the window shuts first. The opt-out and objection deadlines close nearly a month before that.
An objection has to carry a fair amount: the case name and number, your full contact details, information proving you are a Class Member such as a notice you received, a clear description of all your reasons with any legal support, your lawyer's name, bar number and contact information if you have hired one, whether you or your lawyer will appear at the hearing, and your signature. The Notice says the objection must meet each of those requirements to be valid.
Objecting and opting out are mutually exclusive: you cannot object once you have excluded yourself, because the settlement no longer affects you. Our glossary entry on opting out of a class action covers what that choice trades away.
How Do You File?
Claims go through the official settlement website, FMUSA Data Breach Settlement.com, run by Simpluris. Log in with the LoginID and PIN from your notice, check the credit monitoring box if you want the three years of coverage, then choose your cash route — documented losses and lost time, or the flat $75 — upload any supporting documentation, pick a payment method, and sign.If you prefer paper, the same site hosts a downloadable Claim Form to complete, sign, date and mail to the Claims Administrator with any supporting documentation, or to return as an emailed image. Given the postmarked-versus-received conflict above, filing online is the lower-risk route. Submit only one Claim Form per person, online or on paper. Filing is free, and Class Members are not charged for Class Counsel's services.
Who Pays the Fees
Furniture Mart, USA does, according to the Notice — and separately from the class benefits. Class Counsel will ask the Court to approve $285,000.00 in attorneys' fees and reimbursement of litigation costs, and service awards of $2,500.00 for each of the class representatives, with the Notice stating both will be paid by Furniture Mart, USA.The Court appointed Federman & Sherwood and Ellzey Kherkher Sanford Montgomery, LLP as Class Counsel. As with any fee application, the Court decides what to award and may award less than what is requested; the hearing on November 9 is where that is taken up.
What You Give Up
Staying in the Class means you cannot be part of any other lawsuit against Furniture Mart, USA about the issues this settlement covers. The Notice points to the Releases section of the Settlement Agreement — Section 10 — for the detail, and the agreement is posted on the official settlement website.Doing nothing does not avoid that release. A Class Member who never files still gives up those claims and receives no cash and no credit monitoring. The only way to keep the right to sue on your own is to opt out by October 5, 2026.
What Happens Next?
At the November 9, 2026 hearing the Court will decide whether to approve the settlement, how Class Counsel should be paid, and whether to award the service awards, and will consider any objections. Nobody is required to attend — the Notice says Class Counsel will answer the Court's questions, and that a timely written objection will be considered whether or not the objector appears. A Class Member or their lawyer may ask permission to speak, at their own cost.The Notice cautions that the hearing's date and time may change without further notice, so the settlement website is the place to confirm before relying on it.
Benefits are issued only if the Court grants final approval and after any appeals are resolved. A hearing being held is not the same as approval being granted, and approval being granted is not the same as payments being released. The Notice says it is not known whether appeals will be filed or how long they would take to resolve, and offers no payment date.
Class Action Summary
| Case Title | In re: Furniture Mart, USA, Inc., Data Breach Litigation |
|---|---|
| Case Number | 4:25-cv-04018-RAL |
| Court | U.S. District Court for the District of South Dakota |
| Defendant | Furniture Mart, USA, Inc. |
| Incident | November 2024 targeted cyberattack on Furniture Mart, USA computer systems |
| Data Involved | Names, Social Security numbers and dates of birth |
| Class Scope | Nationwide — individuals residing in the U.S. whose information was potentially compromised |
| Settlement Fund | None stated — the Notice says the company pays for the benefits |
| Cash Benefit | A flat $75, or instead up to $4,500 documented plus up to $100 lost time |
| Monitoring | 3 years CyEx Identity Defense Complete with $1M identity theft insurance |
| Claim Deadline | November 3, 2026 |
| Opt-Out / Object By | October 5, 2026 |
| Final Fairness Hearing | November 9, 2026 at 10:00 AM Central (Sioux Falls) |
| Administrator | Simpluris |
| Official Website | FMUSA Data Breach Settlement.com |
Sources and Verification
• Official settlement website — FMUSA Data Breach Settlement.com• Notice of Proposed Class Action Settlement, FAQs and Claim Form (PDF)
• The settlement website's FAQ page and the downloadable Claim Form and Release
• In re: Furniture Mart, USA, Inc., Data Breach Litigation, Case No. 4:25-cv-04018-RAL (D.S.D.) — Settlement Agreement posted on the official website
• FTC — IdentityTheft.gov, reporting and recovery steps
Questions
Can I take the $75 and also claim documented losses?
No. The Claim Form states directly that you should not claim the Alternative Cash Payment if you are claiming payments from the documented-losses or lost-time sections, and the Notice describes the $75 as being available instead of any other cash payment option. Documented losses and lost time are different: those two are separate sections of the Claim Form and are not presented as alternatives to each other, so a class member with both can claim up to $4,500 in losses and up to $100 in lost time. Credit monitoring sits outside that choice entirely and can be claimed alongside whichever cash option you pick.
Is there a settlement fund, and will my payment be cut pro rata?
The Notice, FAQ and Claim Form do not state a total settlement fund, an aggregate cap on cash payments, or any pro rata reduction mechanism. They say Furniture Mart, USA has agreed to pay for the benefits. They also say the $285,000 attorneys' fees and cost request and the $2,500 service award requests will be paid by Furniture Mart, USA, rather than out of class benefits. On the published documents there is therefore no stated figure your payment would be reduced against — but that is what the documents do not say rather than a guarantee that the amounts are fixed, and the Court has not yet approved the settlement.
How far back can documented losses go?
The Notice says the losses must have occurred between November 3, 2024 and the present. The end of that window is open rather than fixed, so a loss you incur while the claim period is still running can be claimed. Expenses that a third party has already reimbursed cannot be. The Notice gives losses from identity theft or fraud, fees for credit reports, credit monitoring and credit freezes and unfreezes, the cost of replacing IDs, and postage to contact banks by mail as examples of what the tier covers.
What if I do not have the LoginID and PIN from my notice?
The online claim form opens on a login screen that asks for the LoginID and PIN printed at the top of the notice you were sent, so those credentials are required to file online. Paper is the alternative: the downloadable Claim Form asks for the Login ID only if known, so a mailed claim does not depend on having it. Anyone who cannot locate their credentials can also ask the Claims Administrator for them through the contact route given on the official settlement website.
Do mailed claims have to be postmarked or received by November 3, 2026?
The published documents do not agree. The settlement FAQ says a mailed Claim Form must be postmarked no later than November 3, 2026, while the Claim Form itself says claims must be received by November 3, 2026 and that paper forms must be mailed so that they are received by that date. Received is the stricter standard of the two, so the safe course is to treat it as the binding one and mail well ahead of the deadline, or to file online instead.
Has the settlement been approved, and when will payments go out?
It has not been approved. The Court has scheduled a Final Fairness Hearing for November 9, 2026 at 10:00 a.m. Central Time in Sioux Falls, and the Notice says the date and time may change without further notice. No payment date has been announced. The Notice says settlement payments will be distributed if the Court grants final approval and after any appeals are resolved, and that it is not known whether appeals will be filed or how long they would take.
Official Settlement Notice
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