CSK&D Seeks Preliminary Approval of Dickey’s Barbeque Data Breach Class Action Settlement

On August 13, 2021, CSK&D and its co-counsel filed a motion for preliminary approval of a class action settlement reached with Texas-based barbecue restaurant Dickey’s Barbecue Pit (“Dickey’s”) to settle claims arising out of a data security incident that impacted 172 Dickey’s franchise locations across the country between April 23, 2019 and October 29, 2020. The proposed Settlement provides for a $2,350,000 all-cash, non-reversionary settlement fund and offers three forms of relief that class members may submit a claim for: (1) expense reimbursements for out-of-pocket losses incurred by the breach up to $5,000; (2) a flat cash option in the amount of $100 for California residents and $50 for non-California residents; and (3) credit monitoring and identity protection services for a period of 24 months.

The proposed Settlement class consists of all consumers who used a payment card at one of the 172 impacted Dickey’s locations during the period of the data breach. The proposed Settlement provides relief for class members regardless of whether they suffered fraud or attempted fraud as a result of the breach. In addition to the monetary compensation and credit services offered, Dickey’s has agreed to implement significant data security enhancements which will benefit all class members and future Dickey’s customers.

Additional details about the proposed Settlement, including information on the availably types of relief, are available in the motion for preliminary approval, the settlement agreement, and will be included on the settlement website which will launch once the Court grants preliminary approval of the Settlement.

The lawsuit is titled Kostka v. Dickey’s Barbecue Restaurants, Inc. et al., No. 20-cv-3424, and is pending in the Northern District of Texas before the Honorable Judge Ed Kinkeade.

Plaintiffs’ motion for preliminary approval and the settlement agreement with accompanying exhibits can be accessed here.

Attorneys for this case:

Benjamin F. Johns
Samantha E. Holbrook