Published
October 2, 2026
U.S. residents whose personal information was exposed in the June 2023 data incident at Kimco Staffing Services, Inc. may qualify to claim up to $5,000 in documented losses, a pro rata cash payment, two years of credit monitoring and, for people living in California at the time, a $50 payment from the Kimco Staffing data breach class action settlement. Claims close December 15, 2026; the final approval hearing is set for February 18, 2027.
Current Status
Claims are open. The deadline to file online or mail a postmarked claim form is December 15, 2026; the official sources give a date only, with no time of day. The court has authorized notice to the class but has not yet granted final approval, and the final approval hearing is set for February 18, 2027. No payment date has been announced, and payments go out only after final approval and any appeals.Free settlement alerts
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Status
Claims Open
Claim Deadline
December 15, 2026
Estimated Payout
Up to $5,000
Documented losses · pro rata cash · $50 if a California resident on June 24, 2023 · 2 years of credit monitoring
Proof Required
Yes
Class Member ID from the notice · receipts only for out-of-pocket losses
What Changed Recently?
The settlement website is live and the claim period has opened in the Kimco Staffing Data Breach Cases, a coordinated proceeding in the Superior Court of California for the County of Orange. The case grew out of a data incident that, according to the plaintiffs, happened on or about June 24, 2023, when unauthorized people got into the computer network of Kimco Staffing Services, Inc. The plaintiffs allege that names, Social Security numbers, financial account information and payment card information may have been accessed or taken. Kimco sent notices of the incident in or around December 2023.Four lawsuits filed in Orange County beginning in late December 2023 were coordinated before Judge Melissa R. McCormick in June 2024. After a mediation and several months of continued negotiation, the parties reached a term sheet on September 25, 2024 and signed the settlement agreement on February 17, 2025. Kimco denies all wrongdoing and liability, and no court has found that it did anything wrong; it agreed to settle to avoid the cost and risk of further litigation.
This case involves Kimco Staffing, not Kimco Realty. The two companies are unrelated.
Who Qualifies?
The settlement class covers individuals residing in the United States whose private information was exposed in the Kimco data incident, including everyone who was sent notice of it. Kimco identified 69,687 people as affected, and the settlement website treats being on that list as the test for filing a claim.Excluded are Kimco itself, entities it controls or is affiliated with, its legal representatives, successors and assigns, the judges and court staff on the case and their immediate families, and anyone who opts out on time.
The $50 California payment has its own requirement: the class member must have lived in California on June 24, 2023.
How Much Can You Get?
Kimco is paying $640,000 into a non-reversionary settlement fund, meaning none of it returns to the company. Separately, Kimco says it has made or will make about $400,000 in security upgrades, which is how the notice arrives at total settlement benefits of $1,040,000. That $400,000 is not available to class members as cash.A class member can claim any or all of four benefits:
• Documented out-of-pocket losses, up to $5,000 per person, for unreimbursed costs fairly traceable to the incident that occurred between June 24, 2023 and December 15, 2026.
• A $50 CCPA payment for class members who lived in California on June 24, 2023.
• A pro rata cash payment, an equal share of whatever is left in the fund after every other cost and benefit is paid.
• Two years of credit monitoring and identity protection with $1 million in identity theft insurance. Anyone who submits a valid claim for any benefit receives this automatically.
The fund pays several costs before any cash reaches class members. Class counsel will ask for up to one-third of the fund ($213,333.33) in fees plus up to $45,000 in expenses, notice and administration are capped at $97,000, and each class representative may request a service award of up to $2,500. If the court approves every request in full, roughly $275,000 would remain. That is an OCA estimate, not a figure from the settlement, and it has to cover credit monitoring, documented-loss claims and the $50 payments before anything goes to the pro rata payment.
The order of payment matters. After fees, expenses, service awards, administration and credit monitoring, the fund pays documented losses first, then the $50 California payments, then the pro rata share. If the money runs short, documented-loss and California payments are reduced proportionally and no pro rata payment is made. The size of the pro rata payment depends on how many people file, so no estimate has been published.
What Proof or Notice ID Is Required?
Every claim needs the Class Member ID printed on the notice. The online claim form opens with a login screen that asks for it, and the paper claim form has a box for it as well. That makes this a proof-required settlement even for people who claim only the pro rata payment or the $50 California payment, since neither of those needs receipts.Documented-loss claims also need third-party records, such as bank statements, receipts or bills, plus a short description of the loss when the records do not explain it. Self-prepared documents such as handwritten receipts are not enough on their own but can support other documentation. California claimants give their residential address in California as of June 24, 2023.
What Is the Deadline?
Claim forms are due December 15, 2026, whether submitted online or mailed with a postmark on or before that date. No time of day or time zone is given. One sentence on the settlement website's home page gives December 16 for mailed forms, but the dates panel, the court-approved notice and the claim form itself all say December 15, so file by December 15.Requests to opt out and objections to the settlement are due November 16, 2026. According to the claim form, anyone who wants a cash payment sent electronically has to file online rather than by mail.
How Do You Take Action?
File on the official Kimco Data Settlement website. Select Submit Claim, enter the Class Member ID from your notice, then work through the form's sections for out-of-pocket losses, the California payment, the pro rata payment and payment method, and sign the attestation. Upload documentation for any loss claim. The website also hosts a printable claim form for anyone filing by mail.Class members who do not want to be bound by the settlement can opt out by November 16, 2026 using the opt-out form on the settlement website. Opting out means no benefits, but it preserves the right to bring a separate lawsuit. Objections use a separate form on the same site and must include the information the notice lists. A person cannot both opt out and object.
If you were notified of a different staffing-company breach, the TRC Staffing data breach settlement is also taking claims, and the data breach settlement tracker lists other open breach cases.
What Happens Next?
Judge McCormick will hold the final approval hearing on February 18, 2027 at 2:00 p.m. Pacific time in the Orange County Superior Court's Civil Complex Center. The court will decide whether the settlement is fair and rule on the requests for attorneys' fees and service awards. Attending is optional, and the hearing date can move without new notice, so check the settlement website before the hearing.If the court grants final approval, Kimco pays the rest of the fund within seven days after the settlement becomes effective, and claims are paid after that. An appeal would delay payments. Class members who stay in the settlement release their claims over the data incident against Kimco and its related parties, including its employees and its insurer, The Travelers Companies, Inc.
Sources and Verification
• Official Kimco Data Settlement website, including its FAQ, important-dates panel and online claim portal• Court-approved Long Notice and claim form, Kimco Staffing Data Breach Cases, Judicial Council Coordination Proceeding No. 5321
• Class Action Settlement Agreement dated February 17, 2025, Superior Court of California, County of Orange
Questions
Is this the Kimco Realty settlement?
No. The defendant is Kimco Staffing Services, Inc., a staffing company headquartered in Orange County, California. Kimco Realty, the shopping-center landlord, is a different company and is not a party to this settlement.
Do I have to choose between the $50 California payment and the other benefits?
No. The benefits stack. A class member can claim documented losses, the $50 California payment and the pro rata cash payment on the same form, and anyone with a valid claim for any benefit also receives two years of credit monitoring.
Who counts as a California resident for the $50 payment?
The payment is for class members who lived in California on June 24, 2023, the date of the data incident. The claim form asks for the California residential address on that date, so a person who has since moved out of state can still qualify.
Which losses can be reimbursed?
Unreimbursed out-of-pocket costs that are fairly traceable to the data incident and occurred between June 24, 2023 and December 15, 2026, such as bank fees, credit report or credit monitoring fees, postage, and per-minute phone or per-use data charges. Each loss needs third-party documentation, and claimants are expected to have used any available credit monitoring or identity theft insurance first.
What if I lost my notice or never received one?
The online claim form opens only after you enter the Class Member ID printed on the notice. If you cannot find it, use the Contact Us form on the official settlement website, KimcoDataSettlement.com, to ask the administrator to look up your ID before the December 15, 2026 deadline.
Official Settlement Notice
For more class actions keep scrolling below.
Settlement Amount
$640,000
Non-reversionary cash fund. Kimco also values its security upgrades at about $400,000, for $1,040,000 in total settlement benefits.
Case Title
Kimco Staffing Data Breach Cases
Case Number
Judicial Council Coordination Proceeding No. 5321
Court
Superior Court of California, County of Orange
Final Approval Hearing
February 18, 2027 at 2:00 p.m. PT
Department CX105, Civil Complex Center · Judge Melissa R. McCormick
Administrator
Kroll Settlement Administration
Official Website
Kimco Data Settlement
