Gaston, et al. v. FabFitFun, Inc.

Case No. 2:20-cv-09534-RGK-E

United States District Court, Central District of California

To: All individuals identified by FabFitFun and to whom FabFitFun sent notice that their information may have been exposed in the Security Incident defined below (the “Settlement Class Members”).

A proposed Settlement has been reached in a class action lawsuit titled, Gaston, et al. v. FabFitFun, Inc., No. 2:20-cv-09534-RGK-E (C.D. Cal.). The lawsuit asserted claims against Defendant FabFitFun, Inc. related to a security incident that may have affected new customer sign ups from April 26, 2020 to May 14, 2020 and May 22,2020 to August 3, 2020 and about which FabFitFun notified consumers in September 2020 (the “Security Incident”). FabFitFun denies all of the claims and denies that it did anything wrong.

The Settlement offers payments to Settlement Class Members who were sent notice that they were potentially affected by the Security Incident. The amount paid will depend upon how many people submit valid claims and whether:

  1. the Settlement Class Member potentially had their payment card, login and password information exposed in the Security Incident;
  2. the Settlement Class Member potentially had their login and account password, but not payment information, exposed in the Security Incident; or
  3. none of the above; or
  4. if you experienced unauthorized charges that were not denied, reversed or otherwise credited or reimbursed and which you believe in good faith were more likely than not caused by the Security Incident, you may instead file a claim for a Reimbursement Award as explained below.

If you are a Settlement Class Member, your options are:

July 31, 2021 or December 21, 2021

You must submit a valid claim form to receive a payment from this Settlement.


You will receive no payment and will no longer be able to sue Defendant over the claims resolved in the Settlement.

June 16, 2021 or November 6, 2021

You may exclude yourself from this Settlement and keep your right to sue separately. If you exclude yourself, you receive no payment. Exclusion instructions are provided in the notice.

June 16, 2021 or November 6, 2021

If you do not exclude yourself, you may write to the Court to comment on or detail why you do not like the Settlement by following the instructions in the notice. The Court may reject your objection. You must still file a claim if you desire any monetary relief under the Settlement.

The court must give final approval to the settlement before it takes effect, but has not yet done so. No payments will be made until after the court gives final approval and any appeals are resolved.

Please review the notice carefully. You can learn more about the Settlement by calling (833) 775-1513.