Hanesbrands Inc. (HBI Company) reports that it reached a proposed Settlement with Toussaint relating to a sophisticated ransomware attack on HBI, which the company discovered in May 2022 (the Data Incident).

The Data Incident impacted certain personal information (the PII), which varied by individual and may have included contact information, date of birth, financial account information, government-issued identification numbers, including driver’s license numbers, passport information, and Social Security numbers, and other information related to benefits and employment including certain limited health information provided for employment-related purposes.

The Court has concluded that Class Members are all individuals whose PII was compromised in the ransomware attack against HBI, discovered by HBI on May 24, 2022.

The Settlement allows Class Members to claim reimbursement for documented out-of-pocket losses related to the Data Incident, and to choose between one of three forms of additional relief:

  1. Two years of credit and identity monitoring services (retail value $599), including up to $1,000,000 in identity theft insurance;
  2. Hanes site credit for one-time use (within three years) to purchase products for sale on the Hanes website (hanes.com) up to the amount of $50 plus free shipping (valued at $6.99), for a total value of $56.99
  3. Class Members can choose an alternative cash payment of $35.

There is an aggregate cap of $100,000 on documented out-of-pocket expense reimbursements. There is no cap on the costs necessary to cover valid claims for Credit and Identity Monitoring, Hanes Store Credit, or Alternative Cash Payments.

HBI has also agreed to undertake specific remedial measures and enhanced data security measures and to pay attorneys’ fees of $475,000, costs not to exceed $45,000, and service awards to Plaintiffs in the amount of $1,600 each if approved by the Court.

To receive a benefit, Class Members must complete and file a Claim Form online or by mail postmarked by January 3, 2025, including required documentation. Class Members can file a claim online at HanesDataBreachSettlement.com. Class Members may also get a paper Claim Form on the company’s website, hanes.com, or by calling the company’s toll-free number and submitting by postal mail.

If Class Members do not want to be legally bound by the Settlement, they must exclude themselves by January 3, 2025. If they do not exclude themselves, they will release any claims they may have against HBI or Released Parties (as defined in the Settlement Agreement) related to the HBI Data Incident, as more fully described in the Settlement Agreement, available on the settlement website. If Class Members do not exclude themselves, they may object to the Settlement by January 3, 2025. Class Members can also find information on how to object on the Settlement website.

The Court has scheduled a Final Approval Hearing in this case (Toussaint et al. v. HanesBrands, Inc., Case No. 1:22-cv-00879-LCB-LPA, U.S. District Court for the Middle District of North Carolina) for March 10, 2025, to consider whether to approve the Settlement, Service Awards, attorneys’ fees and expenses, as well as any objections.

Class Members or their attorneys may attend and ask to appear at the hearing, but they are not required to do so. The Court may conduct the Final Approval Hearing remotely. Class Members should check the Settlement website for details.

Complete information about Class Members’ rights and options and the Claim Form, the Long Form Notice and the Settlement Agreement are available at HanesDataBreachSettlement.com or by calling toll-free 800. 355.0700.

Image courtesy Hanesbrands, Inc.