Estée Lauder Data Breach Class Action – Canada Settlement

Date of Initial Application: September 7, 2023

ESTÉE LAUDER DATA INCIDENTS CLASS ACTION

NOTICE OF A CLASS ACTION SETTLEMENT APPROVAL HEARING

YOU HAVE NOTHING TO PAY IN ORDER TO REMAIN INCLUDED IN THIS CLASS ACTION AND IN ORDER TO PARTICIPATE IN THE PROPOSED SETTLEMENT

On June 3, 2026, the Superior Court of Québec will hold a hearing to decide whether to approve a proposed settlement of a class action regarding data incidents that occurred around May and July 2023 (the “Data Incidents”) involving Estée Lauder Cosmetics Ltd and The Estée Lauder Companies Inc. (collectively, “Estée Lauder”).

Estée Lauder denies all allegations and liability. No court has found Estée Lauder liable. The parties have agreed to settle to avoid the risk and expense of continued litigation.

Who is Included

You may be a member of the class action initiated by Ms. Cohen against Estée Lauder, which was filed before the Superior Court of Québec, District of Montréal, under court file no. 500-06-001261-235 (the “Class Action”). Class members in the Class Action consist of all persons in Canada:

• whose personal or financial information held by Estée Lauder was compromised and/or stolen from Estée Lauder on or around July 12, 2023 (the “July Incident”); or who received an email or letter from Estée Lauder, dated on or about September 5, 2023, informing them of the July Incident; and/or
• (ii) whose personal or financial information held by Estée Lauder was compromised and/or stolen from Estée Lauder on or around May 31, 2023 (the “May Incident”); or who received an email or letter from Estée Lauder, dated on or about October 19, 2023, informing them of the May Incident.

What the Settlement Provides

A national Canadian settlement has been reached to resolve litigation arising from two (2) data incidents involving Estée Lauder, one occurring on or around May 31, 2023, and another on or around July 12, 2023 (the Data Incidents).

Estée Lauder will pay CAD $1,515,000 (the “Settlement Fund”) to resolve the Class Action. Subject to the Courts’ approval, following deduction of class counsel fees, disbursements, administrative costs, and notice costs, the remaining balance of the Settlement Fund will be distributed in accordance with the structure outlined below:

• Substantiated Losses. Class Members who submit a timely and valid claim with supporting documentation evidencing out-of-pocket losses reasonably attributable to the Data Incidents may receive up to CAD $5,000, subject to the overall Settlement Fund and the pro rata provisions described below. For clarity, the email or letter from Estée Lauder notifying you of a Data Incident does not constitute supporting documentation for a Substantiated Loss.

• Unsubstantiated Losses. Class Members who submit a timely and valid claim without supporting documents may receive:

• • CAD $150 if the Class Member falls within only one of the Data Incidents (the “First Group”);

• • CAD $300 if the Class Member falls within both of the Data Incidents (the “Second Group”).

• • Class Members who are entitled to a Monetary Benefit for Substantiated Losses will also be entitled to receive a Monetary Benefit for Unsubstantiated Losses.

• • Claims for Substantiated Losses will be paid from the Settlement Fund before any amount is paid regarding the claims for Unsubstantiated Losses.

• • If funds remain after payment of approved Substantiated Losses, the Unsubstantiated Losses claims may be increased up to a maximum of CAD $300 for First Group claimants and up to a maximum of CAD $600 for Second Group claimants in addition to their claim for Substantiated Losses, if applicable.

• If you are eligible for a Monetary Benefit, the payment will be sent to you by Interac e-Transfer. If you wish to receive the payment by cheque, you must make a written request to the Claims Administrator after the Claim Form becomes available and following submission of your claim.

• Pro rata adjustments. If the total value of approved claims exceeds the funds remaining in the Settlement Fund, payments will be reduced proportionally on a pro rata basis. If, after such pro rata reduction, the value of each individual payment would be less than CAD $3.00, no individual payments will be issued to Class Members. In such event, all remaining Settlement Funds will be distributed to the charitable organizations identified below, after payment of the Fonds d’aide aux action collectives levy (if applicable). Conversely, if the total value of approved claims does not exhaust the Settlement Fund, payments of the claims for Unsubstantiated Losses may be increased proportionally on a pro rata basis, subject to the maximum caps specified above.

• The Fonds d’aide aux actions collectives (the “FAAC”) is legally entitled to receive a percentage of the Québec portion of any remaining balance from the Settlement Fund, according to the Regulation respecting the percentage withheld by the Fonds d’aide aux actions collectives. After the FAAC has been paid said levy, as applicable, the remainder will be distributed in equal parts to the following charitable organizations: the Jewish General Hospital Foundation and Chai Lifeline Canada.

Class Counsel Fees

Class counsel will seek Court approval for legal fees of CAD $454,500, plus applicable taxes and disbursements, to be paid exclusively from the Settlement Fund. The Court may approve the Settlement even if it denies the requested legal fees.

Your Options

1. Do nothing now (you have nothing to pay). If the settlement is approved, you will be bound by the judgment and release and may submit a claim by the claims deadline to receive benefits. Instructions and deadlines will be posted on the Settlement Website at EsteeLauderSettlement.ca.

2. Opt out. If you do not wish to be bound or receive any benefits, submit the opt-out form by June 1, 2026 at 11:59 PM Eastern Time, to the clerk of the Superior Court of Québec (Greffe de la Cour supérieure du Québec, 1, rue Notre-Dame Est, Montréal (Québec) H2Y 1B6). In addition, you may also send a copy of this form by email to the Claims Administrator at the address below.

3. Object or comment. If you do not opt out, you may object to or comment on the settlement by sending a written submission to the Claims Administrator no later than May 14, 2026 at 11:59 PM Eastern Time. Include your name, contact information, brief reasons, whether you will attend in person or through a lawyer (with the lawyer’s contact information) and a statement that the foregoing is true and correct. You retain the right to object to the Settlement in person on the day of the Settlement Approval Hearing, even if you did not submit a written objection by the specified deadline.

Class Members may also attend the settlement approval hearing on June 3, 2026 at 9:30 AM, at the Superior Court of Québec, 1 Notre-Dame Street East, Montreal, Quebec H2Y 1B6, Room 17.09. Remote attendance will be available by Microsoft Teams: Teams Link. The date and time may change; updates will be posted at www.EsteeLauderSettlement.ca.

For more information

To contact Class Counsel:

Lex Group Inc.

Mtre David Assor

4101 Sherbrooke Street West

Westmount, QC, H3Z 1A7

Phone: (514) 451-5500, extension 101

Fax: (514) 940-1605

Email: [email protected]

For the Settlement Agreement, claim forms, deadlines, and updates, visit the Settlement Website at www.EsteeLauderSettlement.ca or contact the Claims Administrator at:

Concilia Services Inc.
Attn: Estée Lauder Settlement

5900 Andover Avenue, Suite 1

Montreal, QC, H4T 1H5

Phone: 1-888-538-5770

Email: [email protected]

In case of any discrepancy between this notice and the Settlement Agreement, the Settlement Agreement prevails.

_____________________________________________________________________________________

Lex Group Inc. has launched a national class action against Estée Lauder Cosmetics Ltd. AND The Estée Lauder Companies Inc. (hereinafter collectively “Estée Lauder”), regarding the July 2023 Data Breach which involved the theft of personal information belonging to its customers.

Affected people residing in Canada could be receiving an email or a letter from Estée Lauder. If you receive such correspondence, please retain it.

The stolen personal information of the affected clients includes, without limitation:

• Name
• Contact information (for example, email address)
• Date of birth,
• Gender
• Details about the individual’s engagement with the different Estée Lauder brands (for example, products purchased or recommended, and the date and location of purchase or services).

Accordingly, if you have received an email or a letter from Estée Lauder or if you have provided your personal and/or personal information to Estée Lauder, your information may have been stolen or compromised and you may be part of the proposed Class defined by the class action initiated by our office.

Should you be defined as a member of the class in this class action, you may be entitled to compensation should the Court authorize and grant the class action on the merits, or should a settlement be reached and approved by the Court.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.

Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.

By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action, but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial application for authorization to institute a class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.