Marie Abdelmessih et al. v. Five Below, Inc.
United States District Court, Eastern District of Pennsylvania
Case No. 2:19-cv-1487-JP

UPDATE: The Final Hearing originally scheduled for November 19, 2020 will now be held remotely at 10:30 a.m. The call-in number to listen to the hearing is 1-571-353-2300. The passcode is 252584199#

Customers who made a purchase from Five Below on with a credit or debit card may be eligible for a payment from a class action settlement.

A Settlement has been reached with Five Below, Inc. in a class action lawsuit about a data security incident (“the Security Incident”) that occurred on August 14, 2018, August 28, 2018, and from approximately September 18, 2018 through September 19, 2018 and November 13, 2018 through January 11, 2019. Five Below announced the Security Incident in October 2018 and February 2019. The lawsuit was filed asserting claims against Five Below relating to the Security Incident. Five Below denies all of the claims and says it did not do anything wrong.

WHAT HAPPENED?  Starting in late 2018, Five Below suffered a cyberattack on the system it uses to accept payments for orders placed and paid for with a credit or debit card on the Internet from Five Below’s website. During the cyberattack, an unknown criminal attacker or attackers potentially could have accessed names, addresses, payment card numbers, expiration dates, and card security codes that customers entered into the Five Below website’s checkout page during the time periods noted above.

WHO IS INCLUDED?  The Settlement Class includes all residents of the United States whose information may have been affected by the Security Incident. Settlement Class Members identified in Five Below’s records were sent email notification.

SETTLEMENT BENEFITS. The Settlement provides reimbursement of up to $250 for out-of-pocket expenses and lost time that resulted from the Security Incident for persons who file a valid claim form. Information on the settlement’s benefits is available in the Long Form Notice, which is available in the  Notice and Claim page of this website.

CLAIM FORM. Settlement Class Members must file a Claim Form to receive a payment. You can file a claim online at, download a Claim Form from this website and mail it, or you may call 1-866-742-4955 and ask that a Claim Form be mailed to you. The claim deadline is October 9, 2020. You must use the username and password provided to you in order to file a Claim Form to verify your identity as a member of the Settlement Class.

If you have not received login information, but believe you are a Settlement Class Member, please call 1-866-742-4955 to verify your identity and receive further information on how to file a claim.

OTHER OPTIONS. If you do not want to be legally bound by the Settlement, you must exclude yourself by September 9, 2020. If you stay in the Settlement, you may object to it by September 9, 2020.

The Long Form Notice is available to explain how to exclude yourself or object.

On November 19, 2020, the Court will hold a hearing on whether to approve the Settlement, Class Counsel’s request for attorneys’ fees and reasonable costs and expenses of $93,750, and an incentive award of $1,500 for the Representative Plaintiff. You or your own lawyer, if you have one, may ask to appear and speak at the hearing at your own cost, but you do not have to. Detailed information is available in the Long Form Notice.