Abraham Jewett  |  November 16, 2022

Category: Consumer News

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Dickey's Barbeque
(Photo Credit: LMPark Photos/Shutterstock)

Update:

  • A federal judge in Texas OK’d a $2.35 million class action settlement between Dickey’s Barbecue and consumers who claimed the company mishandled a 2019 data breach.
  • The judge’s decision came amid objections from consumers not involved in the settlement agreement negotiations who argued it was not fair.
  • The consumers claim the settlement did not contain enough money and that Dickey’s did not agree to put adequate data security enhancements in place. 
  • Dickey’s argues that the class action settlement “offers outstanding relief,” Law360 reports. 
  • Consumers filed complaints against Dickey’s after the company revealed in October 2020 that it suffered a payment card data breach. 
  • They accused Dickey’s of having inadequate security measures to prevent the breach and failing to inform consumers about the incident in a timely manner. 

Dickey’s Barbecue data breach class action lawsuit overview

  • Who: Dickey’s Barbecue reached a settlement agreement with a proposed Class of consumers for $2.35 million. 
  • Why: Dickey’s Barbecue had three putative class action lawsuits filed against them after they failed to protect customers credit card data during a 13-month-long data breach that began in 2019. 
  • Where: The case was heard before a judge in a Texas federal court. 

(Aug. 19, 2021)

Dickey’s Barbecue Restaurants Inc. reached a settlement agreement for $2.35 million with a proposed Class of consumers who filed a class action lawsuit against the barbecue restaurant, alleging it failed to protect the payment information of around three million of its customers.

The data breach occurred over a 13 month period, during which time the class action lawsuit alleged Dickey’s Barbecue had failed to properly protect its customer’s private credit card info.

Dickey’s Barbeque and a group of plaintiffs led by Demi Kostka, Vincent Jear, Latorsha Adams, Robert Stroman, Veronica Snyder, and Lashawn Parker were in court on Monday to ask a Texas federal judge to grant initial approval of the settlement and certify the Class.

The lead plaintiffs represent three consolidated class action lawsuits filed in the state of Texas against Dickey’s Barbecue. The Class, meanwhile, consists of any customer nationwide who made a purchase from Dickey’s Barbecue at a location that had been compromised between April 23, 2019 and October 29, 2020. 

“Plaintiffs believe that the $2,350,000 settlement is a very favorable result in relation to their potential aggregate recoverable damages had they obtained class certification and prevailed at trial and considering the risks in continuing to litigate,” states the joint request for approval of the Dickey’s Barbeque class action settlement.

Dickey’s Barbeque data breach

The breach allegedly affected more than 100 Dickey’s Barbecue locations and led to customers’ credit card information being sold on the dark web

A related class action lawsuit filed in California alleged Dickey’s Barbecue violated the state’s Consumer Privacy Act and Unfair Competition Law by failing to protect its customers’ private info

A total of six putative class action lawsuits were filed against Dickey’s Barbecue on account of the data breach. The Judicial Panel on Multidistrict Litigation declined in early February a request to consolidate all of the suits within California. 

Plaintiffs then successfully lobbied a Texas federal judge to consolidate three of their putative class action lawsuits together in March.  

The plaintiffs requested a final hearing in the Dickey’s Barbeque class action settlement be scheduled within 170 days. 

Top Class Actions will continue to monitor the Dickey’s Barbeque class action settlement and let consumers know when they can start filing claims. 

Data breaches seem to be happening more-and-more often. T-Mobile is currently investigating whether a hacker who gained access to their servers was able to steal private data from its 100 million users. 

Bombas, meanwhile, settled for $225,000 earlier this month with customers whose private information was stolen after they made purchases on the apparel brand’s website. 

Did you have your credit card information stolen during the Dickey’s Barbecue data breach? Let us know in the comments! 

The plaintiffs were represented by Ben Barnow and Anthony L. Parkill of Barnow and Associates, P.C., Benjamin F. Johns, Samantha E. Holbrook, and Alex M. Kashurba of Chimicles Schwartz Kriner & Donaldson-Smith LLP, John A. Yanchunis, Ryan J. Mcgee, and Francesca Kester of Morgan & Morgan Complex Litigation Group, Bruce W. Steckler and Austin P. Smith of Steckler Wayne Cochran PLLC, Cory S. Fein of Corey Fein Law Firm, Paul D. Stickney, Brian P. Murray of Glancy Prongay & Murray LLP, and Paul C. Whalen of the Law Office of Paul C. Whalen P.C. 

The Dickey’s Barbecue Data Breach Class Action Lawsuits reflected in this settlement are Kotska v. Dickey’s Barbecue Restaurants Inc., Case No. 3:20-cv-03424, Adams v. Dickey’s Barbecue Restaurants Inc. et al., Case No. 3:20-cv-03603, and Jeary et al. v. Dickey’s Barbecue Restaurants Inc. et al., Case No. 3:21-cv-00137, all in the U.S. District Court for the Northern District of Texas.


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