Five Guys data breach class action settlement

Five Guys agreed to a class action lawsuit settlement to resolve claims that it failed to protect employee information from a 2022 data breach.

The settlement benefits individuals who received a data breach notice from Five Guys regarding a data breach the company announced in December 2022.

The September 2022 Five Guys data breach reportedly compromised nearly 38,000 employees’ information. Plaintiffs in the class action lawsuit claim Five Guys could have prevented the 2022 data breach but failed to implement reasonable cybersecurity measures to protect employee information.

Five Guys is a national burger chain with locations across the country.

Five Guys hasn’t admitted wrongdoing but agreed to pay an undisclosed sum to resolve the data breach class action lawsuit.

Under the settlement terms, class members can receive expense reimbursement for out-of-pocket data breach losses. The settlement covers up to $400 in ordinary expenses such as bank fees, communication charges, credit expenses, unpaid time off and up to four hours of lost time compensated at $25 per hour. 

Class members who experienced extraordinary data breach losses linked to identity theft or fraud as a fairly traceable result of the data breach, including up to three additional hours spent remedying related issues at a rate of $25 per hour, can receive larger reimbursement payments of up to $6,500.

Class members who do not have documented expenses or do not wish to claim these losses can instead opt to receive a one-time payment of $150.

All class members from California can receive an additional $100 payment on top of their reimbursement or flat-rate payments. 

All class members are eligible to enroll in two years of free identity theft protection and credit-monitoring services.

Settlement payments may be reduced on a pro rata basis if the number of claims filed exceeds the settlement fund’s capabilities. 

The deadline for exclusion and objection is May 6, 2024.

The final approval hearing for the settlement is scheduled for July 12, 2024.

To receive settlement benefits, class members must submit a valid claim form by May 6, 2024.

Who’s Eligible

Individuals who received a data breach notice from Five Guys regarding a data breach that it announced in December 2022

Potential Award

$7,000

Proof of Purchase

Receipts, bank statements, card statements, invoices, tax documents or other documentation

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

05/06/2024

Case Name

May, et al. v. Five Guys Enterprises LLC, Case No. 1:23-cv-00029-CMH-JFA, in the U.S. District Court for the Eastern District of Virginia

Final Hearing

07/12/2024

Settlement Website

FGDataSettlement.com

Claims Administrator

Five Guys Data Breach Class Action c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA19103
833-657-4055

Class Counsel

Ryan D Maxey
MAXEY LAW FIRM PA

David K Lietz
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC

Anderson Berry
CLAYEO C ARNOLD PC

Defense Counsel

Elizabeth A Scully
BAKER & HOSTETLER LLP