The Legal Aid Society filed this class action lawsuit on behalf of low-income households whose Supplemental Nutrition Assistance Program (SNAP) benefits were stolen through electronic theft, leaving them with no way to feed their families. From January 2022 through February 2023, there were more than 10,000 documented instances of “skimming” theft from SNAP participants, where perpetrators used Bluetooth-enabled card reading devices at points of sale to capture an individuals’ account information and siphon hundreds–or, in some cases, thousands–of dollars in benefits onto counterfeit “dummy” cards that are then used to steal from the unsuspecting victims’ accounts. Instead of helping skimming victims, the United States Department of Agriculture (USDA), which administers the SNAP program, implemented an arbitrary and capricious regulation and policy with prohibits replacement of skimmed benefits, in contravention of federal law.

In August 2025, a federal trial judge granted summary judgment for the USDA and held that its refusal to reimburse skimming victims did not violate the Administrative Procedure Act. We have appealed to the Second Circuit.