Frequently Asked Questions


  1. What benefits are available to Settlement Class Members?

    Settlement Class Members may select one of three forms of relief: (1) expense reimbursement; (2) cash payment; or (3) credit services.

    Settlement Class Members who select the expense reimbursement will be eligible to receive reimbursement for out-of-pocket losses incurred in connection with the breach, up to a maximum amount of $5,000, upon submission of a Claim Form with supporting documentation to show proof of expenses.

    Settlement Class Members who select the cash option will be eligible to receive a cash payment, estimated in the amount of $100 for California Class Members and $50 for non-California Class Members. The difference in payment amounts accounts for enhanced statutory damages potentially available to California Class Members under the California Consumer Privacy Act. Residency will be determined by the Class Member’s primary residence during the time of the Security Incident.

    Settlement Class Members who select the credit services option will receive a 24-month plan providing (i) three-bureau credit monitoring; (ii) identity restoration services that provide professional fraud resolution assistance to Settlement Class Members who experience identity theft or fraud, helping them with identity recovery and restoration; and (iii) $1,000,000 of identity theft insurance coverage. Credit services are valid to be activated within twelve months from the mailing or emailing of the activation code.

    Each Settlement Class Members is only entitled to make one claim, regardless of how many debit or credit cards they used at Dickey’s during the Period of the Security Incident and regardless of how many times they used the card at Dickey’s. Settlement Class Members are not entitled to more than one form of recovery.

    Any information that you provide as part of this Settlement—including your name, email address, mailing address, or any other contact information—will not be used by Dickey’s or any third party for any marketing purpose, or for any other reason that is unrelated to the administration of this Settlement.

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  2. What data security improvements has Dickey’s agreed to implement?

    For a period of three years from the time the applicable business practice change is initiated, Dickey’s will employ the following business practice changes related to information security to safeguard customers’ payment card information: (a) protect remote access credentials to franchisee servers behind Multi-Factor Authentication; (b) update firewall rules at Dickey’s locations to restrict unpermitted access; (c) mandate that its franchised restaurants migrate to an EMV point of sale system; (d) provide annual security awareness training for its employees; (e) maintain a reasonable Written Information Security Program updated from time to time and distributed as part of its security awareness training; (f) maintain and review a process to conduct risk-based monitoring of security events on Dickey’s network and assess appropriate remediation of security events; (g) implement and maintain an identity access management solution to appropriately mange users of its internal applications; (h) maintain a process to keep up-to-date operating system security patches on all company owned and managed workstations and servers; and (i) implement enhanced password protection for all user passwords.

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  3. How do I get my cash compensation and/or credit monitoring?

    To receive a cash payment and/or credit monitoring, you must complete and submit the appropriate Claim Form. Claim Forms are available here or you may have one mailed to you by calling 800-658-3921. Read the instructions carefully, fill out the Claim Form, and submit it online by April 22, 2023, or print it out and mail it postmarked no later than April 22, 2023 to:

    Kostka v. Dickey’s Barbecue Restaurants, Inc.
    Notice and Claims Administrator
    P.O. Box 5736
    Portland, OR 97228-5736

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  4. When will I receive my payment?

    If you submit a complete, valid, and timely Claim Form, the Notice and Claims Administrator will send your cash payment or credit monitoring activation code to you after the Court grants final approval of the Settlement and any appeals have been exhausted. Please be patient as this process may take some time. Neither Dickey’s, the Notice and Claims Administrator, nor Class Counsel has control over how long it may take to receive your cash payment. The Notice and Claims Administrator may require additional information from any claimant if the original claim submission is deficient.

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  5. How do I activate the credit monitoring services if I select that option?

    Settlement Class Members may elect to receive credit monitoring services instead of monetary compensation. You must select this option on your Claim Form in lieu of any cash compensation option. The Credit Services will consist of a 24-month plan providing: (i) three-bureau credit monitoring, (ii) identity restoration services that provide professional fraud resolution assistance to Settlement Class Members who experience identity theft or fraud, helping them with identity recovery and restoration, and (iii) $1,000,000 of identity theft insurance coverage. Dickey’s will email you an activation code to start the period of your Credit Services. Credit Services are valid to be activated within twelve months from the mailing or emailing of the activation code.

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  6. What am I giving up to stay in the Settlement Class?

    Unless you exclude yourself from the Settlement, you cannot sue Dickey’s for the Security Incident resolved by this Settlement. The Settlement Agreement provides

    “Upon the date the Judgment becomes Final, each Settlement Class Member, including Representative Plaintiffs, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against all Released Persons. Further, upon the date the Judgment becomes Final, and to the fullest extent permitted by law, each Settlement Class Member, including Representative Plaintiffs, shall, either directly, indirectly, representatively, as a member of or on behalf of the general public or in any capacity, be permanently barred and enjoined from commencing, prosecuting, or participating in any recovery in any action in this or any other forum (other than participation in the settlement as provided herein) in which any of the Released Claims is asserted.”

    If you have any questions, you can contact the law firms listed in FAQ 8 for free or you can consult your own lawyer at your own expense if you have questions about what the release means.

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  7. How do I exclude myself from the Settlement Class?

    If you do not want to receive compensation or credit monitoring from this Settlement and you want to keep the right to sue Dickey’s on your own and at your own expense regarding the Security Incident, then you must take steps to get out of the Settlement Class. This is called excluding yourself from—or is sometimes referred to as “opting out” of—the Settlement Class. If you opt out of the Settlement Class, you will not be bound by any judgment in this case. You must exclude yourself from the Settlement Class to pursue any other lawsuit against Dickey’s for the claims arising in this case. IF YOU EXCLUDE YOURSELF FROM THE SETTLEMENT, YOU WILL NOT BE ENTITLED TO RECEIVE MONETARY COMPENSATION FROM THE SETTLEMENT.

    To exclude yourself, you must send a letter by U.S. Mail saying you wish to do so. Your “Request for Exclusion” must include:

    • The name of this lawsuit (Kostka, et al. v. Dickey’s Barbecue Restaurants, Inc., et. al., No. 3:20-cv-3424-K (N.D. Tex.))
    • Your name and address;
    • A statement requesting exclusion from the Class; and
    • Your signature

    You must mail your Exclusion Request postmarked by April 22, 2023, to:

    Kostka v. Dickey’s Barbecue Restaurants, Inc.
    Notice and Claims Administrator
    P.O. Box 5736
    Portland, OR 97228-5736

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  8. Do I have a lawyer in this case?

    Yes. The Court appointed the following lawyers as “Co-Lead Class Counsel:” Ben Barnow, Benjamin F. Johns and John Yanchunis. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  9. How will the lawyers be paid?

    Co-Lead Class Counsel will ask the Court to award up to one third of the Settlement Fund for attorneys’ fees, plus reimbursement of litigation costs, and the cost of the third-party Notice and Claims Administrator’s services. The attorneys’ fees will compensate Class Counsel for their role in obtaining both the monetary relief and improvements in Dickey’s data security practices. Class Counsel will also ask the Court to approve a $1,500 service award for each of the Representative Plaintiffs for their efforts in litigating this case on behalf of the Settlement Class. Any amount that the Court awards for these collective items will be paid directly by Dickey’s out of the Settlement Fund.

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  10. How do I tell the Court that I do not like the Settlement?

    You can object to the Settlement if you do not like it or some part of it and think that it should not be approved. The Court will consider your views. To do so, you must submit your written objection to the Clerk of Court, counsel for Dickey’s, and the Notice and Claims Administrator at the addresses below.

    Your objection must include the following:

    • The name of the lawsuit (Kostka, et al. v. Dickey’s Barbecue Restaurants, Inc., et. al., No. 3:20-cv-3424-K (N.D. Tx.))
    • Your full name, address, telephone number, email address (if any), and signature;
    • Information confirming that you are a member of the Settlement Class (for example, proof of a credit or debit card purchase at an impacted Dickey’s location during the Period of the Security Incident);
    • A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe applicable;
    • The names and addresses of all lawyers representing you in connection with the objection (if any);
    • A statement as to whether you and/or your lawyer intend to appear at the Fairness Hearing; and
    • Your signature and the signature of your attorney (along with documentation setting forth such representation).

    You may (but are not required to) include copies of any documents you wish to submit in support of your position, and any legal support for your objection that you believe is applicable.

    You must mail the objection to the Court, Dickey’s counsel, and the Settlement Administrator at the following addresses, and it must be postmarked no later than April 22, 2023:

    The Court Notice and Claims Administrator Dickey’s Counsel
    Office of the Clerk
    United States District Court for the Northern District of Texas
    1100 Commerce Street, Room 1452
    Dallas, TX 75242
    Kostka v. Dickey’s Barbecue Restaurants, Inc.
    Notice and Claims Administrator
    P.O. Box 5736
    Portland, OR 97228-5736
    Ian C. Ballon, Esq.,
    Greenberg Traurig, LLP
    1900 University Avenue
    5th Floor
    East Palo Alto, CA 94303
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  11. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court you do not like the Settlement and why you think it, or parts of it, should not be approved. You can object only if you do not exclude yourself from the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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  12. When and where will the Court decide whether to approve the Settlement?

    The Judge presiding over this matter, the Hon. Ed Kinkeade, will hold a Fairness Hearing at 9:30 a.m. on June 6, 2023, at the United States District Court for the Northern District of Texas, located at 1100 Commerce Street, Dallas, Texas 75242, Courtroom 1627. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website or call 800-658-3921 for any updates about the hearing. At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider how much Co-Lead Class Counsel will receive in attorneys’ fees and expense reimbursement, payment for settlement administration costs, and the request for service awards for the Representative Plaintiffs. If there are timely objections, the Court will consider them. The Court may listen to people who have asked to speak at the hearing (see FAQ 10). After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

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  13. Do I have to attend the hearing?

    No. Co-Lead Class Counsel will answer any questions the Court may have. You or your own lawyer are welcome to attend at your expense. If you send an objection, you do not have to come to the Court to talk about it. As long as you submitted your written objection on time and mailed it according to the instructions provided in FAQ 10, the Court will consider it.

    If you want to speak at the Fairness Hearing, you must file an objection according to the instructions in FAQ 10.

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  14. What happens if I do nothing?

    If you do nothing, you will get no compensation from this Settlement and, if the Settlement is approved and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Dickey’s concerning the Security Incident.

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  15. I received an email from EpiqPay. What is the email about and is the email legitimate?

    If you received an email from noreply@epiqpay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow-up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.

    If you have any questions about the EpiqPay email you received, please provide us with your full name and current email address so we can look up your file. If a tracking number was listed at the bottom of your EpiqPay emails, please provide that to us as well.

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  16. What is EpiqPay?

    EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions, Inc. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay.

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  17. How do I claim my EpiqPay payment?

    Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a “Claim Payment” link. As long as you click the “Claim Payment” link before the payment expiration date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is in process, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications, in case you experience any issues using your card.

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  18. When will I receive my digital payment? / Why have I not received my digital payment?

    Emails regarding digital payments for this matter commenced on March 1, 2024, and digital payments will be available to claim through March 28, 2024. During that window, Epiq digital payment emails were or will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

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  19. After choosing my preferred payment options, will I receive my payment instantly?

    No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

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  20. I received an email from EpiqPay via Tremendous rewards@reward.tremendous.com. Is this email legitimate?

    Yes. If you received an email from rewards@reward.tremendous.com, this email is legitimate. You received this email because you selected a payment option that uses Tremendous, one of our third-party payment partners, to process your payment and notify you of your payment status.

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  21. If I have already opted to receive my payment digitally, can I convert my payment into a physical check?

    No. Once you have made your choice to redeem your payment digitally, Epiq can no longer convert your payment into a check. If you are having any issues receiving or using your chosen digital payment, please contact our payment partner at help@tremendous.com.

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  22. What happens if I unsubscribe from EpiqPay emails?

    If you unsubscribe from any of the payment emails you receive on this matter, you will no longer be able to claim your payment digitally. If you unsubscribed from receiving digital payment notifications from EpiqPay, but would like to explore a paper check reissue, please let us know.

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  23. What happens if I do not claim my payment by the payment expiration date listed in my EpiqPay emails?

    If you did not claim your payment by the expiration date listed in your EpiqPay emails, the link will expire, and you will no longer be able to claim your payment digitally.

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  24. How do I request a check reissue?

    All requests for reissue must be submitted in writing and signed. Please send your reissue request, along with the check to reissue, if available, to the following addresses:

    Kostka v. Dickey’s Barbecue Restaurants, Inc.
    Notice and Claims Administrator
    P.O. Box 5736
    Portland, OR 97228-5736

    Address Change: If you are requesting your award to be sent to a new address, please provide your previous and current address.

    Name Change: If your name has changed, please provide documentation showing this to be the case, which can include documents such as a marriage certificate or court papers indicating a name change.

    Deceased Class Member: If the Class Member indicated on the check is deceased, please submit a copy of the death certificate and indicate the name and address to which you are requesting the check reissue be sent.

    Incapacitated Class Member: If the claimant cannot act on his or her own behalf, please submit acceptable documentation in the form of Power of Attorney, guardianship, or custodial paperwork. Please also provide the name and address to which you are requesting the check reissue be sent.

    Closed Business: If the business is no longer active, please provide documentation of the business closure or asset sale. Please also provide the name and address to which you are requesting the check reissue be sent. Please note that all award payment reissues will be sent via paper check.

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  25. How do I get more information?

    This website and the Notice summarize the proposed Settlement. More details are in a Settlement Agreement, which is available here. You may also send questions to info@DickeysClassAction.com. You can also get a Claim Form here, or by calling the toll-free number, 1-800-658-3921.

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