Request for Exclusion - Instructions

UPDATE: The deadlines to File a Claim, Object, or Exclude yourself from the Settlement have been extended to April 18, 2017.

To exclude your Financial Institution from the Settlement, you must submit a Request for Exclusion online no later than April 18, 2017, or by mail so that it is postmarked no later than April 18, 2017.

If you exclude your Financial Institution from the Settlement, your Financial Institution will not receive any cash payment from the Settlement Fund, but you will not give up any right to sue Kmart for the claims that this Settlement resolves.


How to Exclude your Financial Institution Online

To exclude your Financial Institution from the Settlement by submitting an online Request for Exclusion, click “Start Request for Exclusion” below. Please read the instructions; provide your requested information; complete the certification; and submit the Request for Exclusion.

Start Request for Exclusion

How to Exclude your Financial Institution by Mail

To exclude your Financial Institution from the Settlement, you may send a letter by U.S. mail that includes:

  • The name of this proceeding (Greater Chautauqua Federal Credit Union, First Choice Federal Credit Union, Gulf Coast Bank & Trust Company, Governmental Employees Credit Union, and Oteen V.A. Federal Credit Union v. Kmart Corp. and Sears Holdings Corp., Case No. 1:15-cv-02228);
  • Your financial institution’s full name, address, and phone number;
  • The words “Request for Exclusion” at the top of the document or a statement in the body of the letter requesting exclusion from the Class; and
  • A signature of a person authorized to make such decisions for your financial institution.

Financial institutions that seek exclusion from the Settlement through a letter are also asked to provide:

  • The number of eligible accounts that the financial institution issued.

Then you must mail the above-described letter, postmarked no later than April 18, 2017, to:

Kmart Financial Institutions Data Breach Settlement
Settlement Administrator
P.O. Box 3230
Portland, OR 97208-3230

PLEASE NOTE: You only need to submit ONE Request for Exclusion via either of the methods discribed above.

Important Dates

  • September 2014 - October 2014
    Data Breach
  • October 10, 2014
    Data Breach Announcement
  • April 18, 2017
    Claim Filing Deadline
  • April 18, 2017
    Exclusion (Opt-Out) Deadline
  • April 18, 2017
    Objection Deadline
  • May 19, 2017
    Final Approval Hearing