Dickey’s BBQ Challenges Counsel of $2.35 Million Class Action Settlement
Dickey’s BBQ is challenging a $2.35 million settlement relating to a data breach, claiming that the class action proceedings are a money grab.
Dickey’s Challenged the Plaintiffs’ Counsel Bid
After several class actions, plaintiffs reached a multimillion-dollar settlement with Dallas-based Dickey’s Barbecue Restaurants Inc, attorneys for another group of plaintiffs called the settlement unsatisfactory in their bid to be lead counsel for the class, which Dickey’s BBQ has characterized as a money grab.
The opposing counsel, who represent plaintiffs Ross Diczhazy as well as Wesley Etheridge II, contend that they could have secured a settlement with a higher settlement value and more significant security changes and should be appointed class counsel.
Dickey’s responded by claiming that the lead counsel motion has little to do with the settlement and is more of a “Trojan horse” to allow the counsel to sit as “Monday-morning quarterbacks” — a person who criticizes after the event — on the settlement. Dickey’s BBQ asserted that a lead counsel motion is not the right way for making Dickey’s Barbecue Data Breach Settlement arguments.
Dickey’s stated that the request is the work of dissatisfied plaintiffs’ lawyers who are just concerned with their own attorneys’ fees and have no regard for the class, the settlement, or its ramifications.
Not only was counsel out of line, but its assertions concerning the Dickey’s Barbecue Data Breach Settlement are “baseless,” Dickey’s stated.
For one thing, the restaurant believes that the $2.35 million pays the plaintiffs more than enough. Plaintiffs who can demonstrate out-of-pocket expenses may be compensated up to $5,000. Without incurring damages, California plaintiffs are entitled to recover up to $100, while non-California residents are entitled to recover $50. According to Dickey’s, the continued litigation that would result from an approved lead counsel motion would cast uncertainty on these compensations.
Additionally, Dickey’s stated that the existing deal aims to prevent a recurrence of a cyberattack and challenged the counsel’s assertion that the settlement should have required more money given Dickey’s financial situation and insurance coverage.
Dickey’s Barbecue Class Action Settlement Over Payment Data Breach
Dickey’s Barbecue Restaurants Inc. reached a $2.35 million settlement with a proposed class of consumers who filed a class action complaint alleging the barbecue restaurant failed to safeguard the payment information of approximately three million of its customers.
Three Class Action Lawsuits Against Dickey’s Barbecue Restaurants Inc.
According to the class action lawsuits, the data breach happened over a 13-month period, during which time Dickey’s Barbecue allegedly failed to protect its customers’ confidential credit card information adequately.
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 seek preliminary approval of the settlement and certification of the Class.
The lead plaintiffs represent three combined class action cases against Dickey’s Barbecue filed in the state of Texas. Meanwhile, the Class consists of every client in the United States who made a purchase from Dickey’s Barbecue at a compromised location from April 23, 2019, until October 29, 2020.
According to the joint request for approval of the Dickey’s Barbecue Data Breach Settlement, plaintiffs believe the $2,350,000 settlement is a very favorable result. This is in comparison to their potential aggregate recoverable damages had they acquired class certification and prevailed at trial and in light of the risks associated with continuing to litigate.
Data Breach Recap
According to reports, the hack compromised more than 100 Dickey’s Barbecue branches and resulted in the sale of consumers’ credit card information on the dark web.
In a related class action lawsuit filed in California, Dickey’s Barbecue was accused of violating the state’s Consumer Privacy Act and Unfair Competition Law by neglecting to protect its customers’ personal information.
Six putative class action lawsuits against Dickey’s Barbecue have been filed in connection with the data breach. In early February, the Judicial Panel on Multidistrict Litigation denied a request to consolidate all of the complaints filed in California.
Plaintiffs then successfully pushed a federal judge in Texas in March to consolidate three of their putative class action lawsuits.
Within 170 days, the plaintiffs requested that a final hearing in the Dickey’s Barbeque class action settlement be held.
T-Mobile is presently examining if a hacker who got access to their computers was able to obtain personal information from its 100 million users.
Meanwhile, Bombas agreed to pay $225,000 to clients whose personal data was compromised after they made purchases on the garment brand’s website earlier this month.
Editor’s Note on Dickey’s Barbecue Data Breach Settlement 2021:
This article is written to inform you of the class action settlement of Dickey’s Barbecue over the breach of customers’ payment information.
Case Name & No.: Demi Kotska v. Dickey’s Barbecue Restaurants Inc., Case No. 3:20-cv-03424, Latorsha Adams v. Dickey’s Barbecue Restaurants Inc. et al., Case No. 3:20-cv-03603, and Tammy Jeary et al. v. Dickey’s Barbecue Restaurants Inc. et al., Case No. 3:21-cv-00137
Jurisdiction: U.S. District Court for the Northern District of Texas
Products/Services: Customers’ payment information
Allegations: Dickey’s Barbecue allegedly failed to protect the payment information of its customers
Status: To be settled
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