Eligibility Information for the Earl Enterprises Data Settlement
If you were impacted by the Earl Enterprises Data Security Incident from May 23, 2018 to March 18, 2019, you may be eligible to receive compensation through a class action settlement. This page provides information on eligibility for individuals who wish to participate in the class action settlement process. The information below helps you to determine whether you are likely to be a class member and what you should do to preserve your rights.
Who Is Included in the Class?
You are eligible for the Settlement of the Earl Enterprises Data Settlement if you satisfy all of the following criteria:
- You are a resident or citizen of the United States.
- You made a purchase with a credit card or debit card during the time frame of May 23, 2018 and March 18, 2019.
- Your purchase transaction was used at one or more of the affected restaurant brands owned and operated by Earl Enterprises, Inc., including: Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria, and Mixology 101.
- Your purchase occurred at a location during the time period of the data breach.
IF YOU DO NOT SATISFY ALL OF THE ABOVE CRITERIA, THEN YOU ARE AN EXCLUDED PERSON AND YOU ARE NOT ENTITLED TO A SETTLEMENT PAYMENT.
Details of the Dark Web and Retail Exposure
The data security breach involved unauthorized access to payment card data due to malware infections in Earl Enterprises’ payment processing system. Affected restaurant locations span most states in the United States, including, but not limited to, cities and tourist attractions. If you ate at or got takeout from one of the affected brands from an impacted location during the breach period, your payment card data may have been compromised.
A complete list of affected restaurant locations and dates is available on the official settlement website to assist you. If you are uncertain whether your transaction occurred in an impacted restaurant location, the Claims Administrator can assist you in verifying your eligibility.
Possible Losses Covered by the Settlement
Eligible class members may receive compensation for out-of-pocket losses that are documented to have occurred due to the data breach, including:
- Reimbursement of documented out-of-pocket losses, such as fraudulent charges, bank fees, credit-related expenses or costs for replacing cards;
- A payment for time spent addressing the breach-related issues (up to an amount to be determined);
- Possibly payment for documented unreimbursed fraud or identity theft proven to be connected with the breach.
To be eligible for compensation, you need to have the reasonable documentation to prove your claims (i.e., copies of bank statements, receipts, correspondence about fraudulent charges).
How to File a Claim
Participation in the settlement is voluntary and no payment is necessary. To receive compensation under the settlement, eligible individuals must submit a completed claim form by January 5, 2024. Claim forms require basic information about the person making the claim, qualifying transactions, and supporting documentation of any claimed losses. There is no fee to submit a claim. You do not need an attorney to participate in the settlement.
Claim forms and instructions to complete a form are available from the settlement website maintained by the court’s Claims Administrator. If you have questions or wish to obtain assistance in completing claim forms, please contact the Claims Administrator at the numbers listed on the settlement website.
Exclusions and Special Situations
Some people are barred from participating in the settlement. They include:
- Officers, directors and employees of Earl Enterprises, Inc. (and their immediate family members);
- The judge presiding over this case and the court staff;
- Individuals who did not use a debit or credit card at an affected location during the relevant period; and
- Anyone who submits a timely and valid request for exclusion from the settlement class.
If you fall within one of these excluded categories, you are not eligible to receive compensation. If you’re not sure whether you fall within one of these excluded categories, the Claims Administrator can help you determine whether you are entitled to receive compensation.
Important Dates and Next Steps
To preserve your right to receive compensation you must submit your claim form by no later than January 5, 2024. If you wish to object to the terms of the settlement or request an exclusion from the class, you are also required to do so by no later than January 5, 2024. The hearing for final approval of the settlement is set for February 12, 2024 at the Circuit Court of the Ninth Judicial Circuit, 425 North Orange Avenue, Orlando, Florida 32801.
If you fail to comply and do not submit the required claim by the deadline, you will lose any right you have to receive compensation in connection with this matter and/or objection to the settlement.
Contact Information and More
If you have inquiries regarding your eligibility, the claims process, or require assistance in submitting your claim, please reach out to the Claims Administrator designated for claims intake and all related inquiries. This entity is the sole group authorized to furnish information pertaining to the settlement of the Earl Enterprises data breach. The official settlement website provides instructions, downloadable forms, and up-to-date information. It is advisable to act promptly to safeguard all rights and to secure any compensation that may be owed.