A settlement has been reached in a class action lawsuit against Spencer Gifts, LLC, (“Spencer Gifts”) relating to the unauthorized access to Spencer Gifts network which occurred between November 24, 2021 and November 26, 2021 (the “Data Incident”). The information that may have been accessed in the Data Incident includes certain files relating to payroll and enrollment in Spencer Gifts’ employee health plan, which contained personally identifying information (“PII”) such as names, Social Security Numbers, health plan selection, or financial account numbers used for direct deposit.

This case is known as Gonshorowski v. Spencer Gifts, LLC, Case No. ATL-L-000311-22, filed in the Superior Court of New Jersey, Atlantic County. The person who sued is called the “Plaintiff” and the company they sued, Spencer Gifts, is known as the “Defendant” in this case.

Settlement Information

The Settlement will provide payments and credit monitoring services to people who submit valid, timely claims. Spencer Gifts also agrees to provide various security enhancements.

All Settlement Class Members can receive the following benefits from the Settlement: (1) up to $500 for documented out-of-pocket expenses, (2) reimbursement for up to three (3) hours of lost time spent dealing with the Data Incident ($20 per hour), and (3) reimbursement for extraordinary losses up to $3,000 for documented expenses.

Additionally, Settlement Class Members who were California residents when they received a notification from Spencer Gifts about the Data Incident are eligible for a $50 cash payment upon written verification that they lived at a valid California address at the time of the Data Incident.

Settlement Class Members who previously enrolled in the credit monitoring product offered by Spencer Gifts will have that term automatically extended for two (2) years. Settlement Class Members who did not previously enroll for credit monitoring shall have the ability to claim two (2) years of credit monitoring by selecting the credit monitoring option on the Claim Form.

Who is Included

You are included in this Settlement as a Class Member if you were mailed notification that indicated your PII was potentially accessed as a result of the Data Incident.

Your Legal Rights and Options

Option and Deadline

Your Legal Rights

Submit a claim

By January 25, 2023

Stay in the Class and submit a Claim Form to receive a payment.

This is the only way you can get payment. You may submit a claim HERE.

Exclude yourself from the settlement

By December 27, 2022

Get no benefits under the settlement.

You will not get any payment from the Settlement, but you also will not release your claims against Spencer Gifts. This is the only option that allows you to be part of any other lawsuit against Spencer Gifts or related parties for the legal claims resolved by this Settlement.

Object to the Settlement

By December 27, 2022

Write to the Court with reasons why you do not agree with the Settlement.

If you are a member of the Settlement Class, and you do not exclude yourself from the settlement, you may object to the settlement or any part of the settlement that you think the Court should reject.

go to the final fairness hearing

On February 17, 2023

Ask to speak in Court about the fairness of the settlement.

You may ask the Court for permission for you or your attorney to speak about your objection at the Final Fairness Hearing. You can do this only if you don’t exclude yourself.

DO NOTHING

No deadline

You will not get payment from this Settlement and you will give up certain legal rights.

Submitting a claim form is the only way to obtain payment from this Settlement.

Dates and Deadlines

Submit a Claim

January 25, 2023

Exclusion Deadline

December 27, 2022

Objection Deadline

December 27, 2022

Fairness Hearing

February 17, 2023