Welcome to the Information Website for the Cochran et al. v. The Kroger Co. et al. Settlement

February 15, 2022 Court Update:

The hearing as to the Motion for Final Approval of Class Action Settlement and Motion for Attorneys' Fees and Reimbursement of Expenses, and for Award of Class Representative Service Payments that was previously scheduled for March 10, 2022, has been continued to March 24, 2022, at 9:00 a.m. in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila.

If you would like to attend this public hearing, please visit:
https://cand-uscourts.zoomgov.com/j/1604896302?pwd=b0ZTckVxODFCMm1rcjRvSGFMMjVRUT09

Webinar ID: 160 489 6302
Password: 544953


A Settlement has been proposed in a class action lawsuit against The Kroger Co. (“Kroger” or “Defendant”), relating to a data breach that Kroger announced on February 19, 2021, whereby on or around January 23, 2021, Kroger learned that an unauthorized user(s) gained access to certain Kroger customer and current and former employee information, including names, email addresses, phone numbers, home addresses, dates of birth, Social Security numbers, information to process insurance claims, prescription information (such as prescription number, prescribing doctor, medication names, and dates), medical history, certain clinical services, and/or salary-related information (the “FTA Data Breach”). The FTA Data Breach was part of the breach involving Accellion, Inc.’s (“Accellion”) file transfer product called the File Transfer Appliance (FTA).

If you received a notice from Kroger that your personal information was compromised as a result of the FTA Data Breach, you are included in this Settlement as a “Class Member.”

Under the Settlement, Kroger has agreed to establish a $5 million Settlement Fund to: (1) pay for two years of credit monitoring services and identity theft insurance (“Credit Monitoring and Insurance Services”); or (2) provide cash payments of up to $5,000 per Class Member for reimbursement of certain Documented Losses (“Documented Loss Payment”); or (3) provide cash payments to Class Members (“Cash Fund Payment”). The Settlement Fund will also be used to pay for the costs of the settlement administration, court-approved attorneys’ fees and expenses and Service Awards for named Plaintiffs. In addition, Kroger has agreed to undertake certain remedial measures and enhanced security measures that it will continue to implement.

Your legal rights will be affected whether you act or do not act. You should read this entire website carefully.


Your Legal Rights and Options in This Settlement
Submit a Claim Form

This is the only way you can get one of the benefits from this Settlement.

The deadline to submit a Claim Form is March 5, 2022.

Exclude Yourself From the Settlement

Do not get a Settlement benefit. This is the only option that allows you to be part of any other lawsuit against the Defendant for the legal claims made in this case and released by the Settlement.

The deadline to exclude yourself from the Settlement is February 18, 2022.

Object to the Settlement

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

The deadline to object is February 18, 2022.

Go to the Final Fairness Hearing

The Final Fairness Hearing will be held on March 24, 2022, at 9:00 a.m. (Pacific).

Do Nothing

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


These rights and options—and the deadlines to exercise them—are explained on this website. For more information, view the Settlement Agreement available here, or you may call 1-866-790-4318 (Toll-Free).