DES MOINES, Iowa (AP) — A proposed settlement for about 100 million Target customers who were victims of a 2013 security breach is headed back to a Minnesota federal judge for hearings on whether all the customers are treated fairly.

The 8th U.S. Circuit Court of Appeals in St. Louis said Wednesday that Judge Paul Magnuson must review the class certification approved in 2015 to determine whether consumers who suffered no direct loss but could face future identity theft should be handled separately. Under the settlement, those people get nothing.

Leif Olson, of Humble, Texas, is included in that category. He objects to releasing Target from liability for future claims.

The settlement calls for Minneapolis-based Target to establish a $10 million fund to reimburse consumers who lost money.

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