7-Eleven Lawsuit: What Is Actually Pending in 2026
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Three things put 7-Eleven in the legal news this year: a claimed data breach in April 2026, a former employee’s ERISA class action over a health-plan tobacco surcharge, and a $2.25 million Bank of America settlement over double ATM fees inside 7-Eleven stores. As of October 2026 none of them has an open claim form for 7-Eleven customers. The two data breach suits were withdrawn in July 2026, and the ATM claim deadline passed on June 29, 2026.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Say
Data breach. According to two complaints filed on May 29, 2026, the extortion group ShinyHunters claimed on April 17, 2026 that it had stolen more than 600,000 records from 7-Eleven. The complaints allege those records included names, Social Security numbers, dates of birth, addresses, contact details and driver’s license numbers, and that 7-Eleven failed to encrypt them. These are allegations; 7-Eleven has not been found liable.
Tobacco surcharge. A former employee alleges that 7-Eleven’s health plan charged tobacco users an extra $27.70 per paycheck without a proper way to have the charge waived retroactively, which she says violates ERISA’s wellness-program rules and fiduciary duties.
ATM fees. This one is not against 7-Eleven. The suit alleged that Bank of America charged its customers two out-of-network fees for a single balance inquiry at FCTI-owned ATMs inside 7-Eleven stores. Bank of America denied wrongdoing and settled.
Case Details
Data breach: Choplin v. 7-Eleven Inc., No. 3:26-cv-01754, and Ellison v. 7-Eleven Inc., No. 3:26-cv-01755, U.S. District Court for the Northern District of Texas, both assigned to Judge Brantley Starr.
Tobacco surcharge: Baker v. 7-Eleven, Inc. was filed on September 26, 2024 in the Western District of Pennsylvania (No. 2:24-cv-01360, Judge William S. Stickman IV). It now continues in the Northern District of Texas as No. 3:25-cv-01609, opened June 23, 2025, before Judge Starr.
ATM fees: Schertzer v. Bank of America, N.A., No. 3:19-cv-00264, U.S. District Court for the Southern District of California, filed in 2019 and assigned to Judge Dana M. Sabraw.
7-Eleven is also a plaintiff in a trademark suit against Nike in the Northern District of Texas, Dallas Division, over sneakers in its orange, green and red stripes. That case does not involve consumers.
Status of Each Case as of October 2026
Tobacco surcharge case: active. In February 2026 Judge Starr let the proposed class action go forward, according to Bloomberg Law. It is still open on the docket. No class has been certified as far as we could confirm, and there is no settlement.
Bank of America ATM settlement: claims closed. The court granted preliminary approval on March 12, 2026. Former accountholders had to file by June 29, 2026, and the opt-out and objection deadline was July 7, 2026. A final approval hearing was set for August 21, 2026. We could not confirm the ruling. Payments go out only after final approval and any appeals.
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There's no claim deadline yet. We'll email you if a settlement opens a claim period.
Are You Affected?
Data breach: the complaints proposed a nationwide class of everyone whose information was taken. With both suits dismissed, there is currently no class. A notice letter from 7-Eleven, if you got one, is the best record of what was exposed. Keep it.
Tobacco surcharge: the proposed class covers participants in 7-Eleven’s employee health plan who paid the tobacco surcharge. You do not need to sign up. If a class is certified or a settlement is reached, notice goes to class members.
ATM fees: covers Bank of America accountholders charged more than one out-of-network balance inquiry fee during one visit to an FCTI ATM in a 7-Eleven store between May 1, 2018 and November 16, 2021. People paid in the earlier Weiss v. FCTI settlement are excluded. Current accountholders who received notice did not need to file. They are paid automatically by account credit.
Is There Money, and How Much?
Tobacco surcharge: no settlement and no fund. The surcharge alleged is $27.70 per paycheck, but no court has awarded anything.
ATM fees: the Bank of America fund is $2,250,000, paid pro rata. The per-person amount depends on how many people were in the class and how many filed. It will probably be small, because the alleged overcharge was one extra balance-inquiry fee per visit. For comparison, the earlier $10 million Weiss v. FCTI settlement offered $27 to New York class members and up to $15 nationwide. Its claim deadline was October 22, 2024.
How cases like this one end
Our copy of the federal courts’ own case database covers 62,689 erisa casesclosed in U.S. federal district courts between 2015 and 2025, 1.8% of them filed as class actions:
- 42.8% ended in a settlement recorded by the court. Another 23% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 42.8% and 65.8%.
- 6.3% were decided on a motion before any trial.
- 1 in 297 reached a trial (0.3%), after a median of 21.8 months.
- Median time from filing to the end of the case: 6.2 months.
- Only 4,861 of them (7.8%) record a money award at all; the median of those is $100,000.
These are base rates for this type of case (federal erisa cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
7-Eleven Lawsuit Timeline
- 1
September 26, 2024 — Tobacco Surcharge Suit Filed
A former employee sues 7-Eleven under ERISA in the Western District of Pennsylvania. The case later moves to the Northern District of Texas as No. 3:25-cv-01609.
- 2
February 2026 — Surcharge Case Allowed to Proceed
Judge Brantley Starr lets the proposed class action go forward, including the wellness-program and fiduciary claims.
- 3
March 12, 2026 — ATM Fee Settlement Preliminarily Approved
The Southern District of California preliminarily approves Bank of America’s $2.25 million settlement over double balance-inquiry fees at 7-Eleven ATMs.
- 4
April 17, 2026 — Breach Claimed
Per the later complaints, ShinyHunters claims it stole more than 600,000 records from 7-Eleven.
- 5
May 29, 2026 — Two Data Breach Suits Filed
Choplin (3:26-cv-01754) and Ellison (3:26-cv-01755) are filed in the Northern District of Texas. The ATM claim deadline follows on June 29, 2026.
- 6
July 10, 2026 — Breach Suits Dismissed Without Prejudice
Both plaintiffs voluntarily dismiss. As of October 2026, the surcharge case is still pending, and no 7-Eleven data breach settlement exists.
Three Things to Watch For
A big brand name, a claimed breach and a real settlement nearby make an easy cover story:
“7-Eleven data breach settlement” claim sites
There is no 7-Eleven breach settlement. Both suits were dismissed on July 10, 2026. A page asking for your Social Security or driver’s license number to “claim your share” is collecting data. It is not filing a claim.
Late “Bank of America ATM refund” messages
The ATM settlement is real, but the claim deadline was June 29, 2026, and current customers are paid by account credit. A text asking you to log in to bank online or pay a fee to release your money is phishing. The administrator line in the official notice is 833-447-8321.
Free 7-Eleven gift card surveys
Fake 7-Eleven reward surveys often show up when the brand is in the news. They ask for card details to cover “shipping.” No lawsuit or settlement here pays out in gift cards.
7-Eleven Lawsuit — Questions People Actually Ask
Is there a 7-Eleven lawsuit I can join right now?
Not as a customer. As of October 2026 the only active case against 7-Eleven, Inc. is the ERISA tobacco-surcharge suit, which concerns employees in its health plan. The data breach suits were dismissed in July 2026.
Was there a 7-Eleven data breach?
According to two class action complaints, ShinyHunters claimed on April 17, 2026 that it stole more than 600,000 records from 7-Eleven. Those are allegations repeated from the group’s own claims. Your notice letter, if you received one, is the reliable record of what was exposed.
What happened to the 7-Eleven data breach lawsuits?
Both, Choplin (3:26-cv-01754) and Ellison (3:26-cv-01755), were voluntarily dismissed without prejudice on July 10, 2026. They could be refiled. As of October 2026 we found no refiled case.
Can I still claim money from the 7-Eleven ATM fee settlement?
Probably not. That settlement is with Bank of America, not 7-Eleven. Former accountholders had to file by June 29, 2026. Current accountholders who received notice do not need to file and are paid by account credit after final approval.
What is the 7-Eleven tobacco surcharge lawsuit?
Baker v. 7-Eleven, Inc., No. 3:25-cv-01609 in the Northern District of Texas, alleges the company’s health plan charged tobacco users $27.70 per paycheck in violation of ERISA. In February 2026 the judge let it proceed. There is no settlement.
Are the wage investigations lawsuits against 7-Eleven?
No. The 461 Department of Labor wage-and-hour investigations in our records were at establishments operating under the 7-Eleven name, many of them franchise locations run by independent operators. They are not lawsuits against 7-Eleven, Inc.
Is 7-Eleven suing Nike?
Yes. 7-Eleven filed a trademark suit in the Northern District of Texas over Nike sneakers in its orange, green and red stripes, scheduled for a July 11 release. It is a business dispute with nothing for consumers.
What should I do if I think my data was in the breach?
Freeze your credit at all three bureaus, which is free and reversible. Watch for new accounts opened in your name, and keep any notice letter. Do not pay anyone to “register” you for a lawsuit.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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