Navigating the Process for Making a Claim
As explained in the “Overview of the Settlement” section below, if you were affected by the Earl Enterprises, Inc. data security incident, you may be eligible for compensation as part of the court-approved settlement. This page sets forth, step-by-step, the requirements for submitting a claim, deadlines, and what happens next as the settlement proceeds. The claims process is being managed by a court-appointed Claims Administrator to ensure that it is both fair and transparent. There is no fee for filing a claim; participation is free. However, it is necessary that those who have a valid and covered claim act quickly so their rights are not lost.
Who Can File a Claim?
“You are qualified to make a claim if you purchased any credit card or debit card at any of the affected Earl Enterprises restaurants – that is, Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria, or Mixology 101 – between May 23, 2018 and March 18, 2019 at one of the affected locations listed below. The settlement includes any U.S. resident who falls in this category regardless of his or her home residence. If all these criteria apply to you, you are a class member, and may be qualified to financially recover from losses incurred as a result of the data incident.”
Step 1: Collect Documentation
Before filing your claim, gather any documentation that supports your eligibility and/or out-of-pocket losses as a result of the data breach. This may include receipts detailing your purchase at an impacted location, credit and/or debit card statements of items purchased, bank statements containing charges of fraudulent purchases, or related correspondence with your bank or financial institution. Certain claims can be submitted without proof documentation; however, this information helps to substantiate your claim, thereby ensuring eligibility for you and securing you the maximum amount possible.
Step 2: Fill out the Claim Form
Go to the official settlement website where the Claims Administrator is hosting the process to file your claim. The claim form will request your contact information, information regarding your qualifying purchase(s), along with a brief statement of your damages or lost time filing claims with respect to the breach. Complete all required fields on the form, accurately and truthfully. You may submit the claim form online via the claim website or you may print it and submit a paper version of the form by mail to the address provided on the site. There is no cost to submit a claim.
Step 3: Submit Your Claim before the Cutoff
Completed claim forms must be postmarked and mailed, or received online by, January 5, 2024. Any claim form postmarked or emailed after that date will not be accepted, and you may lose the chance to collect money from the settlement. Many individuals want to act quickly in submitting their claim. Therefore, we recommend filing your claim as soon as possible so that it can be processed in a timely manner. If you are submitting a paper claim, allow adequate time for mailing. Please be sure to read it carefully, provide accurate information, and send all required documentation with your claim.
Step 4: Claims Assessment and Determination
“Upon receipt of your claim, the Claims Administrator will check it for both completeness and eligibility. The Claims Administration also may require more information. That requirement would be accomplished using the contact information you provided in your claim. Each claim is then reviewed on the basis of court-approved criteria. Approved claims will be paid after the court issues a final approval of the settlement, which currently is set for a fairness hearing on February 12, 2024, at the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Orlando, Florida.”
Step 5: Payment of Your Claim
If your claim is approved, you will receive payment in the form you chose on the claim form (usually mailed check, electronic notice issued through email, etc.). The amount you receive is determined based on the type and level of losses you provided documented evidence for, and the total number of claims allowed for class members. Payments will be made after final approval of the settlement and completion of necessary administrative steps. When payment has been arranged, the Claims Administrator will notify you.
Safeguarding Your Legal Rights and Alternative Options
“Filing a claim is one option for participating in settlement. You can also (1) ask to be excluded, i.e., opt out; (2) object to the settlement; (3) attend final hearing on approval of settlement; and/or (4) do nothing. Opting out means you keep the option open of pursuing a separate legal action if you wish. Objecting means that you have reservations about certain terms of the settlement or reward. Doing nothing means you will not receive any money but you will comply with all terms of the settlement. Specific instructions for opting out, objecting, attending hearings, or doing nothing are on the official settlement website.”
Need Help? Reach Out to the Claims Administrator
“Please contact the Claims Administrator with regard to questions about whether you are covered, claim forms, documentation, and anything else related to the settlement as instructed on this website. The Claims Administrator is the authorized source for answering any questions or claims processing related to this class action. This is the approved source for information and processing of the Earl Enterprises data settlement. Do not give your information to any unauthorized third party.” For further assistance, you may visit the Contact Claims Administrator page.
Key Dates, Deadlines, and Next Steps
If you would like to be considered for compensation, submit your claim form no later than January 5, 2024. The court’s fairness hearing will be held on February 12, 2024 at the Circuit Court of the Ninth Judicial Circuit, 425 North Orange Avenue, Orlando, Florida 32801. Stay apprised by checking the settlement website and reading official notices. Do your part to obtain relief and receive any compensation you may justly deserve as an aggrieved consumer. For more information on important dates, visit the Important Dates page.