Current Cases

Final Approval Granted in Dickey’s Barbecue Data Breach Class Action Settlement

On June 6, 2023, Shub & Johns Partners, Benjamin F. Johns and Samantha E. Holbrook, along with Plaintiff co-counsel attended a hearing at the United States Court for the Northern District of Texas in Dallas. During the hearing, the Dallas judge granted final approval of a class action settlement reached with Texas-based barbecue restaurant Dickey’s Barbecue Pit (“Dickey’s”) to settle claims arising out of a data security incident that impacted 172 Dickey’s franchise locations across the country between April 23, 2019 and October 29, 2020.

Along with granting final approval of the class action settlement, the court has appointed Benjamin F. Johns as co-lead Settlement Class Counsel.

Coals burning on a barbecue pit.


Dickey’s Barbecue Settlement

The Settlement provides for a $2,350,000 all-cash, non-reversionary settlement fund and offers three forms of relief that class members may submit a claim for: (1) expense reimbursements for out-of-pocket losses incurred by the breach up to $5,000; (2) a flat cash option in the amount of $100 for California residents and $50 for non-California residents; and (3) credit monitoring and identity protection services for a period of 24 months.

The Settlement class consists of all consumers who used a payment card at one of the 172 impacted Dickey’s locations during the period of the data breach. The Settlement provides relief for class members regardless of whether they suffered fraud or attempted fraud as a result of the breach. In addition to the monetary compensation and credit services offered, Dickey’s has agreed to implement significant data security enhancements which will benefit all class members and future Dickey’s customers.

The deadline to submit a claim was April 22, 2023. See our notice on Preliminary Approval here.

Additional details about the Settlement, including information on the availably types of relief, are available in the settlement agreement, and are included on the settlement website.

The lawsuit is titled Kostka v. Dickey’s Barbecue Restaurants, Inc. et al., No. 20-cv-3424, and is pending in the Northern District of Texas before the Honorable Judge Ed Kinkeade.


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