If You Used a Credit or Debit Card at a Dickey’s Barbecue Restaurant Between April 23, 2019 and October 29, 2020, You May Be Part of a Class Action Settlement
DALLAS, Jan. 6, 2023 /PRNewswire/ -- Dickey’s Barbecue Restaurants, Inc. and Dickey’s Capital Group, Inc. (together, “Dickey’s”) have agreed to pay $2.35 million to settle a class action lawsuit regarding a data security incident Dickey’s announced in October 2020. Between April 23, 2019 and October 29, 2020 (the “Period of the Security Incident”), unauthorized actors accessed Dickey’s point-of-sale systems and obtained customers’ cardholder information, including credit and debit card numbers, card expiration dates, and cardholder names on payment cards that were used at Dickey’s locations during that time period (the “Security Incident”). This settlement resolves claims on behalf of all customers who used their credit or debit cards at an affected Dickey’s location during the Period of the Security Incident (the “Settlement”). In addition to credit monitoring and monetary compensation, Dickey’s has implemented and agreed to further implement significant data security enhancements. Dickey’s has denied the allegations made by the plaintiffs in these cases.
Am I a Class Member? The Settlement Class consists of all residents of the United States who used a payment card to make a purchase at a “Dickey’s Barbecue Pit®” restaurant identified in Exhibit B to the Settlement Agreement between April 23, 2019 and October 29, 2020. Excluded from the Class are Dickey’s executive officers and the Judge to whom the Lawsuit is assigned. To view the full list of affected Dickey’s locations, visit www.DickeysClassAction.com.
What benefits are available to Class Members? Class members may select one of three forms of relief: (1) expense reimbursement; (2) cash payment; or (3) credit services option. A detailed description of the benefits under each form of relief can be found at www.DickeysClassAction.com. Each Class Member is only entitled to make one claim, regardless of how many debit or credit cards they used at Dickey’s during the Period of the Security Incident and regardless of how many times they used the card at Dickey’s. Class Members are not entitled to more than one form of recovery.
How can I get a payment? To receive a cash payment or credit monitoring, you must complete and timely submit the appropriate Claim Form. Claim Forms are available at www.DickeysClassAction.com, or you may have one mailed to you by calling 1-800-658-3921. Read the instructions carefully, fill out the Claim Form, and submit it online by April 22, 2023 or print it out and mail it so that it is postmarked no later than April 22, 2023.
Your other options. If you do not want to be legally bound by the Settlement and you would like to retain the right to sue Dickey’s over the Security Incident, you must exclude yourself by April 22, 2023. If you exclude yourself from the Settlement, you will not be entitled to receive monetary or other compensation from the Settlement. If you do not exclude yourself from the Settlement, you may object to the Settlement if you do not like it or some part of it and think that it should not be approved. The deadline to object is April 22, 2023. The detailed notice at www.DickeysClassAction.com explains how to exclude yourself or object. The Court will hold a Fairness Hearing on June 6, 2023 to consider whether the Settlement is fair, reasonable, and adequate. You may appear at the hearing, either yourself or through an attorney hired by you, but you don’t have to. For more information, call 1-800-658-3921 or visit the settlement website.
Benjamin F. Johns
Shub Law Firm LLC
Morgan & Morgan Complex Litigation Group
Barnow and Associates, P.C.
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SOURCE U.S. District Court for the Northern District of Texas