Furniture Mart USA Data Breach Settlement: Lawyers Filed Their Fee Motion September 21 — the Site Says $285,000, Paid Separately — and Objections Closed October 5 — Claims for $75 or Up to $4,500 Are Due November 3, 2026, Six Days Before the Approval Hearing

The settlement is in its last stretch before the judge decides. Three things have happened since notices went out on August 5, 2026. On September 21, 2026, class counsel filed their motion for attorneys’ fees with a supporting memorandum, two declarations and a proposed order — docket entries 59 through 63. On October 5, 2026, the window to opt out or object closed. And the claim deadline, November 3, 2026, is now the only deadline still open to class members. The final approval hearing is set for November 9, 2026, at 10:00 a.m. Central Time before Chief Judge Roberto A. Lange in Sioux Falls. The settlement site notes that the date and time of the hearing may change without further notice, so check the site before relying on it.

For anyone who got a letter, the practical answer has not changed: if you want money from the furniture mart usa data breach settlement, you have to file a claim. The FAQ is blunt about the alternative: “If you do nothing, you will not receive a benefit from this Settlement.” No one has been paid, and no one will be before final approval and any appeals.

The class is “All individuals residing in the United States whose Personal Information was potentially compromised in the Data Breach” — according to the settlement agreement, about 10,684 people “who are or were employees of FMUSA or who otherwise tendered Personal Information to FMUSA.” The breach was a November 2024 cyberattack; the files may have held names, Social Security numbers and dates of birth. FMUSA “denies that it did anything wrong, and the Court has not decided who is right.”

You choose one cash track. The no-proof option: “a one-time cash $75.00 payment. You do not have to provide any proof or explanation.” Or documented out-of-pocket losses of up to $4,500 for losses since November 3, 2024, which can include lost time of up to four hours “at $25.00 per hour, for a maximum of $100.00.” The benefits are paid “on a wholly claims-made basis,” so there is no shared fund that shrinks as more people file.

Every claimant can also take credit monitoring. The notice, the claim form and section 3.3 of the agreement all say three years of CyEx Identity Defense Complete with $1 million in identity theft insurance. Section 5.7 of the same agreement, though, says the provider will serve claimants who activate “for a period of two (2) years from the date of activation.” We have not seen the parties explain the difference; the notice approved for class members says three years. The same section has a deadline worth noting: activation codes go out within 45 days of the settlement’s Effective Date and “will be active for one-hundred and eighty (180) days after they are sent or mailed.” Watch for that email after approval.

File by November 3, 2026. Online at the official site is fastest. The FAQ says a mailed form “must be postmarked no later than November 3, 2026,” but the printed claim form is stricter — paper forms must be “received by the Claims Administrator no later than November 3, 2026.” If you mail, mail early, or file online. The address is FMUSA Data Breach Settlement, c/o Claims Administrator, P.O. Box 25226, Santa Ana, CA 92799-9958.

Opt-outs and objections are over. That deadline was October 5, 2026. If you did nothing by then, you are in the class and bound by the settlement if it is approved, whether or not you file a claim.

What the court will see before November 9. The agreement sets a sequence. Within seven days after the opt-out date the administrator gives the lawyers the list of exclusion requests. At least 21 days before the hearing — by our count, October 19, 2026 — the administrator is to provide a declaration “detailing its compliance with the Court-approved Notice Plan,” for filing with the court. And class counsel file their brief in support of final approval “no later than fourteen (14) days before the Final Approval Hearing, or as directed by the Court.” When we checked the CourtListener index on October 19, 2026, the newest entries were the September 21 fee filings; the court’s own docket may be ahead of that index, and the documents themselves are not yet publicly available there.

When money could arrive. Only after final approval and the end of any appeals. Under the agreement, valid claims are paid “within forty-five (45) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later.” Checks are void 90 days after issuance; a reissue can be requested until 180 days after the Effective Date.

The September 21 filing lands exactly on the schedule. The agreement says counsel will file for fees and service awards “no later than fourteen (14) days prior to the deadlines for a Settlement Class Member to opt out of or object” — 14 days before October 5. The settlement site says what the request is: “Class Counsel will ask the court to approve $285,000.00 as reasonable attorney’s fees and reimbursement of litigation costs. This amount will be paid by FMUSA,” plus $2,500 for each class representative. The motion papers are not yet public on CourtListener, so we have not read the amount in the motion itself.

For class members the key point is that the fees do not come out of claim payments: FMUSA pays them separately, within 30 days after a final approval order. Judge Lange decides on both the settlement and the fee request at the November 9 hearing. Class counsel are Federman & Sherwood and Ellzey Kherkher Sanford Montgomery, LLP.

One loose end from our earlier coverage is now explained in part. Judge Lange’s preliminary approval order of June 15, 2026 named Epiq as administrator and put the opt-out and objection date at September 13, 2026; the official site uses Simpluris and October 5. The docket shows the parties filed a joint motion to amend the preliminary approval order on July 2, 2026, granted on July 6, and a separate order on July 7 set the November 9 hearing. The amending order is not publicly available, so we cannot quote what it changed. The official site’s dates are the ones to follow.

Yes. The official site is FMUSADataBreachSettlement.com, run by Simpluris, the administrator the settlement agreement names (“Simpluris, Inc. as Claims Administrator”). Official contacts: toll-free (833) 421-7349, info@FMUSADataBreachSettlement.com, and the Santa Ana P.O. box above. The $75 option needs no documents, and nothing in the official materials asks for a fee. Be wary of anyone who asks you to pay, wants your full Social Security number by text, or points you to a different filing site — call the administrator before acting. (We are answering only about the settlement site, not about other furniture retailers’ websites with similar names.)

The defendant is Furniture Mart, USA, Inc., the Sioux Falls retailer. According to Home News Now, the company was founded in 1977 in Sioux Falls and has “more than 60 stores across the upper Midwest”; in September 2025 it reported that “Becker Furniture in the Twin Cities and Furniture Superstore in Rochester are now Furniture Mart, completing acquisitions announced this past year.” Nothing in the settlement papers says whether those acquired stores’ workers or customers were among the people notified. The administrator can tell you for free whether you are on the class list.

Ashley Furniture’s own data breach is a different case. Law360 reported on June 12, 2024 that Ashley Furniture customers filed a proposed class action in Texas federal court over a 2023 hack. This settlement does not cover that incident; if your letter came from Ashley rather than from Furniture Mart USA, look to that case’s own notice and administrator, not this one.

Background on the case: the first suit, Logan v. Furniture Mart USA, Inc., was filed on February 5, 2025, and Judge Lange consolidated the related cases on February 20, 2025.