Kostka v Dickeys Barbecue Restaurants

If you used a credit or debit card at a Dickey’s Barbecue Restaurant between April 23, 2019, and October 29, 2020, you may be part of a class action settlement.

Dickey’s Barbecue Restaurants, Inc. and Dickey’s Capital Group, Inc. (together, “Dickey’s”) have agreed to pay $2.35 million to settle a class action lawsuit regarding a data security incident Dickey’s announced in October 2020. As previously announced, between April 23, 2019, and October 29, 2020 (the “Period of the Security Incident”), unauthorized actors accessed Dickey’s point-of-sale systems and obtained customers’ cardholder information, including credit and debit card numbers, card expiration dates, and cardholder names on payment cards that were used at Dickey’s locations during that time period (the “Security Incident”). This settlement resolves claims on behalf of all customers who used their credit or debit cards at an affected Dickey’s location during the Period of the Security Incident (the “Settlement”). In addition to the credit monitoring and monetary compensation described below, Dickey’s has implemented and agreed to further implement significant data security enhancements. Dickey’s has denied the allegations made by the plaintiffs in these cases.

The Settlement Class consists of all residents of the United States who used a payment card to make a purchase at a “Dickey’s Barbecue Pit®” restaurant identified in Exhibit B to the Settlement Agreement between April 23, 2019, and October 29, 2020. Excluded from the Class are Dickey’s executive officers and the Judge to whom the Lawsuit is assigned. To view the full list of affected Dickey’s locations, please refer to Exhibit B of the Settlement Agreement.

Your Legal Rights and Options in This Settlement

Submit a Claim Form By April 22, 2023	If you timely submit a valid Claim Form by April 22, 2023, you will receive compensation. You will also give up your right to sue Dickey’s regarding the Security Incident. You can Submit a Claim Form online here.
Object By April 22, 2023	You have a right to stay in the Class and argue in a written objection that the Settlement should not be approved. You will still be bound by the Settlement if it is approved, and you will not be allowed to exclude yourself from the Settlement. The deadline to object is April 22, 2023. You can also ask to speak in court about the fairness of the Settlement.
Exclude Yourself By April 22, 2023	If you do not wish to receive compensation from the Settlement and you would like to retain the right to sue Dickey’s over the Security Incident on your own at your own expense (and on an individual rather than a class basis), you will need to exclude yourself from the Class. You will get no monetary compensation from the Settlement. The deadline to exclude yourself (also called opting out) is April 22, 2023.
Do Nothing	If you do nothing, you will not receive any payment. You will be bound by the Settlement’s terms and will lose the right to sue Dickey’s regarding the Security Incident. All Class Members, however, will receive the benefit of Dickey’s data security enhancements, regardless of whether or not they submit a Claim Form.

These rights and options—and the deadlines to exercise them—are explained further on the Frequently Asked Questions page of this website.