Dickey’s Barbecue data breach $2.35M class action settlement

UPDATE:

• A judge granted final approval for this class action settlement on June 6, 2023.

• Let Top Class Actions know when you receive a check in the comments section below or on our Settlements & Payouts Facebook group.

Dickey’s Barbecue Restaurant agreed to a $2.35 million settlement to resolve a class action lawsuit claiming its lax cybersecurity caused a data breach from 2019 to 2020.

The settlement benefits U.S. residents who used a payment card to make a purchase at a Dickey’s Barbecue Pit restaurant between April 23, 2019, and Oct. 29, 2020.

Plaintiffs in the class action lawsuit accused Dickey’s of failing to protect their information from a data breach. The data breach reportedly lasted for over a year from April 2019 to October 2020 and resulted in payment card data being listed for sale on the dark web.

Dickey’s is a Dallas-based restaurant with locations around the country.

Dickey’s Barbecue hasn’t admitted any wrongdoing but agreed to a $2.35 million class action lawsuit settlement to resolve these data breach allegations.

Under the terms of the Dickey’s Barbecue settlement, class members can receive a cash payment of up to $5,000. 

Class members can receive compensation for documented out-of-pocket expenses including bank fees, communication charges, fraudulent charges, identity theft and more. 

The settlement also allows for flat-rate cash payments based on state residency. California class members can receive a $100 payment, while non-California residents can receive a $50 cash payment.

All class members are eligible for two years of three-bureau credit monitoring and identity restoration services, including $1 million in identity theft insurance.

Dickey’s Barbecue agreed to make data security improvements as part of the lawsuit settlement. The company will implement multi-factor authentication, updated firewall rules, improved point-of-sale systems, annual security training and more. These measures will work to better protect consumer information from data breaches in the future.

The deadline for exclusion and objection is April 22, 2023.

The final approval hearing for the settlement is scheduled for June 6, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by April 22, 2023.

Who’s Eligible

U.S. residents who used a payment card to make a purchase at a Dickey’s Barbecue Pit restaurant between April 23, 2019, and Oct. 29, 2020.

Potential Award

Up to $5,000 with documentation or up to $100 without documentation.

Proof of Purchase

Documentation of out-of-pocket losses connected to the data breach.

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

04/22/2023

Case Name

Kostka, et al. v. Dickey’s Barbecue Restaurants Inc., et al., Case No. 3:20-cv-3424-K, in the U.S. District Court for the Northern District of Texas

Final Hearing

06/06/2023

Settlement Website

DickeysClassAction.com

Claims Administrator

Kostka v. Dickey’s Barbecue Restaurants, Inc.
Notice and Claims Administrator
P.O. Box 5736
Portland, OR 97228-5736
info@DickeysClassAction.com
800-658-3921

Class Counsel

Ben Barnow
Anthony L Parkhill
BARNOW & ASSOCIATES PC

Samantha E Holbrook
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP

John A Yachunis
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Bruce W Steckler
Paul D Stickney
STECKLER WAYNE COCHRAN PLLC

Brian P Murray
GLANCY PRONGAY & MURRAY LLP

Benjanmin F Johns
SHUB LAW FIRM LLC

Defense Counsel

Ian C Ballon
Christopher S Dodrill
GREENBERG TRAURIG LLP