PrimoHoagies data breach class action settlement

PrimoHoagies agreed to a class action lawsuit settlement to resolve claims it failed to protect consumer data from a breach between 2019 and 2020.

The settlement benefits consumers whose payment card information was used to make an online purchase from PrimoHoagies during a data breach between July 15, 2019, and Feb. 18, 2020.

PrimoHoagies is a sandwich shop specializing in old-style Italian sandwiches. The company has franchise locations around the country, with the most locations in New Jersey and Pennsylvania.

In April 2020, PrimoHoagies announced it had been the subject of a multi-month data breach spanning from July 2019 to February 2020. During the data breach, hackers reportedly gained access to names, addresses and payment card information. In a press release announcement, PrimoHoagies offered identity protection and credit-monitoring services to affected consumers.

Although the company offered some relief, consumers took legal action against PrimoHoagies for its alleged negligence surrounding the breach. According to the data breach class action lawsuit, reasonable cyber security measures could have prevented the data breach or identified the breach earlier. 

PrimoHoagies’ failure to protect consumer information allegedly caused financial harm to the plaintiffs and other consumers. Plaintiffs in the case say that they experienced fraudulent charges as a result of the breach and will continue to suffer from data breach-related expenses.

“Mitigating the actual and potential impact of the data breach will require Plaintiff, and other Class members, to undertake expensive and time-consuming efforts, including placing ‘freezes’ and ‘alerts’ with credit reporting agencies, contacting their financial institutions, closing or modifying financial accounts, and closely reviewing and monitoring their credit reports and accounts for unauthorized activity,” the plaintiffs explain.

The PrimoHoagies data breach class action lawsuit sought compensation for these and other data breach-related expenses.

PrimoHoagies hasn’t admitted any wrongdoing but agreed to pay an undisclosed amount to resolve the class action lawsuit.

Under the terms of the settlement, class members can receive a cash payment for out-of-pocket expenses and lost time. 

The settlement allows for up to $120 for out-of-pocket expenses such as fraudulent charges, credit monitoring and more. Class members can recover an additional $7.50 for lost time related to the data breach.

In addition to payments, class members can receive one year of credit-monitoring services valued as $119.40.

The deadline for exclusion and objection is Nov. 24, 2022. 

The final approval hearing for the PrimoHoagies data breach settlement is scheduled for March 22, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Nov. 24, 2022.

Who’s Eligible

The settlement benefits consumers whose payment card information was used to make an online purchase from PrimoHoagies during a data breach between July 15, 2019, and Feb. 18, 2020.

Potential Award

Cash award and one year of credit-monitoring services

Proof of Purchase

Documentation to be uploaded may include:

• Bank statement or credit card or debit card statement.
• Screen shot from a bank or credit or debit card account on a website or mobile app.
• Correspondence, such as emails, text messages, or letters, to or from the credit or debit card company or bank regarding the fraudulent charge.
• Transcripts or recordings of phone call(s) with the credit or debit company or bank regarding the fraudulent charge.
• Notice or alert from a credit or identify identity theft monitoring service, credit or debit card company or bank.
• Other reasonable documentation that shows the fraudulent transaction and identifies that it was the same Payment Card used at PrimoHoagies.

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

11/24/2022

Case Name

Hozza v. Primohoagies Franchising, Inc. d/b/a Primohoagies, Case No. 1:20-cv-04966, in the U.S. District Court for the District of New Jersey

Final Hearing

03/22/2023

Settlement Website

HoagieSettlement.com

Claims Administrator

PrimoHoagies Data Breach Class Action Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Info@HoagieSettlement.com
877-844-8211

Class Counsel

Christian Levis
Anthony M Christina
Amanda G Fiorilla
LOWEY DANNENBERG PC

Defense Counsel

William W Cheney III
John D Shea
FREEMAN MATHIS & GARY LLP