Earl Enterprise Holdings, Inc. $650,000 Settlement

The class action lawsuit against Earl Enterprise Holdings, Inc., Hymes, et al. v. Earl Enterprise Holdings, Inc., has reached a $650,000 settlement. The case, which arose from a data security incident that occurred between May 23, 2018, and March 18, 2019, involved certain Earl Enterprises restaurants. The incident potentially resulted in unauthorized access to customer payment card data, including credit and debit card numbers, expiration dates, and cardholder names.

Analysis of the $650,000 Settlement

The settlement fund established for this case is valued at $650,000. This fund is intended to compensate affected customers who made a credit or debit card purchase at any of the affected Earl Enterprises restaurant locations during the period of the data incident. The settlement aims to provide monetary relief to class members who may have incurred out-of-pocket expenses as a result of the data breach.

The settlement is a result of a class action lawsuit that was filed against Earl Enterprises, alleging that the company failed to adequately protect customer payment card data. The settlement does not constitute an admission of guilt by Earl Enterprises, but rather is a compromise to avoid further litigation.

Important Dates

The deadline to file a claim is January 5, 2024. This is the final date by which affected customers must submit their claim forms to be eligible for compensation from the settlement fund. The fairness hearing and final approval date, which is the date when the court will decide whether to approve the settlement, is set for February 12, 2024.

• Deadline to File a Claim: January 5, 2024
• Fairness Hearing: February 12, 2024
• Final Approval Date: February 12, 2024
  

Who Are the Class Members?

The class members in this case include all persons residing in the United States who made a credit or debit card purchase at any affected Earl Enterprises restaurant during the period of the data incident. This includes purchases made at Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria, and Mixology 101.

The class members are divided into two categories: those who can provide documentation of their out-of-pocket expenses related to the data incident (Documented Expense Reimbursement), and those who attest that they spent material time taking action to remedy issues related to the data incident but do not have documentation (Attested Expense Reimbursement).

• Documented Expense Reimbursement Class Members: Can provide documentation of their out-of-pocket expenses related to the data incident.
• Attested Expense Reimbursement Class Members: Can attest that they spent material time taking action to remedy issues related to the data incident, but do not have documentation.
  

Excluded from the settlement class are Earl Enterprises and its officers and directors, as well as class members who timely and validly request exclusion from the settlement class.

What Can Class Members Claim?

Class members can receive compensation through two types of monetary relief: Documented Expense Reimbursement and Attested Expense Reimbursement. The Documented Expense Reimbursement allows reimbursement of up to $5,000 for documented out-of-pocket expenses incurred as a result of the data incident.

• Documented Expense Reimbursement: Up to $5,000 for documented out-of-pocket expenses incurred as a result of the data incident.
• Attested Expense Reimbursement: Two restaurant promotional cards valued at $10 each.
  

The Attested Expense Reimbursement allows class members to receive two restaurant promotional cards valued at $10 each, provided they attest that they spent material time taking action to remedy issues related to the data incident.

Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. For Documented Expense Reimbursement claims, class members need to provide documentation of their out-of-pocket expenses related to the data incident. For Attested Expense Reimbursement claims, class members need to attest that they spent material time taking action to remedy issues related to the data incident.

Why Is There a Class Action Settlement?

The class action settlement is a result of a data security incident that occurred at certain Earl Enterprises restaurants between May 23, 2018, and March 18, 2019. During this period, third-party criminal attacks involving malware targeted customers' payment card information, potentially resulting in unauthorized access to customer payment card data.

The settlement is intended to compensate affected customers for any out-of-pocket expenses they may have incurred as a result of the data incident. The next steps for class members include submitting a claim form by the deadline of January 5, 2024, and awaiting the fairness hearing and final approval of the settlement by the court on February 12, 2024.