Earl Enterprises Class Action Overview
The plaintiff in a recently filed class action lawsuit against Earl Enterprises, Inc. (“Earl Enterprises”), which operates restaurants and eateries under the names Bertucci’s, Buca di Beppo, Chevys, Macaroni Grill, Old Town Tortilla Factory, Planet Hollywood, and Planet Hollywood Foundation, alleges that Earl Enterprises’ customers were not given adequate notice or protection from an online attack on their payment card accounts which exposed and potentially contemplated user information. Earl Enterprises operates over 100 restaurants throughout the country. Customers are not able to submit a claim for a share of the class action settlement at this time, but they are able to submit a claim for identity restoration services. The Court has ordered that no claims (for either cash or services) be distributed until the Court has a receiving a final report on the implementation of the settlement, which is purportedly scheduled for January 8, 2024.
- On May 23, 2018, Earl Enterprises was first subjected to a possible data intrusion that avoided their credit card data security measures and continued to compromise customer payment information until March 18, 2019. After alleged contact by various states’ attorneys general and consumer protection agencies, Earl Enterprises publicly disclosed the security breach on March 29, 2019.
- Customers wishing to receive compensation and/or identity restoration services must comply with the deadlines for each respective option. The deadline to submit a claim in the form of cash payments is yet to be set, but the process to apply for identity restoration services is to expected open in January 2024.
- Important Dates:
April 14, 2024: Deadline to opt-out and object
April 14, 2024: Deadline to submit a claim for cash payments
July 18, 2024: Deadline to submit a claim for identity restoration services
August 18, 2024: Deadline to object to nor exclude yourself from the Proposed Deer Settlement Class for this class action
Compensation Information
Certain customers of Earl Enterprises, Inc. could receive a monetary compensation for the loss caused by the data breach that occurred in May 2018. Participation is free of charge. Below is some important information regarding how the claims process works.
- Customers were affected if they made a credit or debit card purchase at any Earl Enterprise restaurant between May 23, 2018 and March 18, 2019.
- Affected customers must submit a claim form by January 5, 2024 to be eligible for compensation.
- If you are an affected customer, you can submit your claim form online or print out a claim form to mail in. There are no fees for submitting a claim, minimizing the loss incurred by affected customers.
- Failure to submit a claim form by January 5, 2024 will prevent you from receiving a portion of any money awarded.
- The claims process is managed by a court-appointed Claims Administrator.
Important Deadlines
DON’T MISS THE DEADLINE – Your Time to File a Claim is Ticking Away and Ends January 5, 2024
- The claim form deadline is approaching fast and in order to be considered for compensation you must submit your claim by the January 5, 2024 deadline.
- And, as a reminder, on February 12, 2024, the Court is to conduct a “Fairness Hearing” at 9:00 AM, at 425 North Orange Avenue, Room 4-A, Orlando, Florida. So, don’t miss these important dates.
- Customers are encouraged to act quickly to protect their rights and make a claim.
FAQs about the Settlement
What is the Earl Enterprises Data Settlement?
The Earl Enterprises Data Settlement is a legal action that impacts anyone who used a debit or credit card at participating Earl Enterprises restaurants and venues during Windows of Time identified by the Settlement class (from May 1, 2018 to March 18, 2019 for Rock & Reillys and TOUT VA BASA, and from May 1, 2017 to January 31, 2019 for all other restaurants and venues), with a few exceptions. This settlement is about credit and debit card data breaching. Anything else does not apply to this action.
Who is eligible to participate in the settlement?
Generally, all persons who made a credit or debit card transaction in an Earl Enterprises restaurant at any time between May 23, 2018 and March 18, 2019, are eligible to complete a Claim Form. This includes customers and employees who entered their personal information on an earlenterprises.com website or are listed on any purchase order, invoice, and other communication issued by any Earl Properties until June 12, 2019.
How do I submit a claim?
You may submit a claim electronically using the online claim portal. Alternatively, you may complete a paper Claim Form and mail it to the Claims Administrator by the January 5, 2024 deadline. You can also mail written notice requesting exclusion from the Settlement by the deadline. Most forms require proof of identity to verify coverage under the Settlement.
When is the deadline to submit a claim?
Claims must be submitted by January 5, 2024.
What are my rights and options?
As a Class Member, you have the following options: submit a Claim Form for benefits, request to opt out of or exclude yourself from the settlement, object to the settlement, file a notice to attend the fairness hearing before the judge, or do nothing and you may lose your rights to sue regarding the claims in this case.
When and where is the court’s fairness hearing?
The Court will hold a Fairness Hearing on February 12, 2024, at 1:30 p.m., in Courtroom 9 of the United States District Court for the Central District of California, located at 107 S. Broadway, Los Angeles, CA 90012. All persons wishing to appear at the hearing must complete and file a Notice of Intention to Appear either in person or by counsel.
Who can I contact for more information?
If you have further questions or need additional information about this Settlement, you can visit the FAQs page or contact the Claims Administrator.
Still have questions?
💬 Contact our team directly for personalized answers and expert guidance
Contact the Claims Administrator
The class action claims administrator for the Earl Enterprises data breach settlement claims process is Epiq. Please see below for Epiq’s contact information. Do not hesitate to contact Epiq with questions or requests for assistance. They must be the official way or ways for individuals to voice questions or concerns.
- Name: Epiq
- Phone number: (855) 528-6715
- Email address: [email protected]
- Office hours: 8:00am to 5:00pm, Monday through Friday
About Earl Enterprises
Meet Earl Enterprises, Inc. and Its Family of Restaurant Brands
- What do Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria, and Mixology 101 all have in common? They’re all restaurant brands owned by Earl Enterprises, Inc. (the “Earl’s Family”).
- Following a recent data security incident that may have impacted a small percentage of our guests, Earl Enterprises wants to reassure you that our first priority is the safety of our customers and the protection of your data. Our restaurant brands are family-owned and operated and we take pride in providing our guests with an exceptional dining experience at every one of our restaurants in cities across the country.
- The Earl’s Family launched the Brands You Can Trust campaign to maintain a level of transparency about how the incident occurred and what Earl Enterprises is doing to ensure it doesn’t happen again. Earl’s Family is also implementing other steps intended to protect your privacy and reduce the risk that such an incident will happen in the future. This is our top priority so you can trust us to be here today, tomorrow, and always.