Settlement Information

A Settlement has been proposed in a class action lawsuit against Earl Enterprises, Inc. (“Earl Enterprises”), arising out of a data security incident that occurred between May 23, 2018 and March 18, 2019, and reported by Earl Enterprises on March 29, 2019.

From on or about May 23, 2018 to March 18, 2019, certain Earl Enterprises restaurants were the target of third-party criminal attacks involving malware that targeted customers’ payment card information (the “Data Incident”). Affected restaurants include certain locations of Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria, and Mixology 101. The Data Incident potentially resulted in unauthorized access to customer payment card data, such as credit and debit card numbers, expiration dates, and, in some cases, cardholder names (“Personal Information”).

Who Is Included?

The Settlement includes all persons residing in the United States who made a credit or debit card purchase at any affected Earl Enterprises restaurant during the period of the Data Breach. Not all Earl Enterprises restaurant locations were affected by the Data Incident; only certain restaurants were affected. For a list of affected Earl Enterprises restaurants, please click here.

Your Legal Rights and Options

Option and Deadline

Your Legal Rights

Submit a Claim Form

by January 5, 2024

Stay in the Class and submit a Claim Form to receive compensation.

This is the only way to receive a payment for losses suffered as a result of the Data Incident.

Ask to be excluded from the settlement

by January 5, 2024

Get no payment under the settlement.

You will not receive a payment, but you will retain any rights you currently have with respect to Earl Enterprises and the issues in this case. This is the only option that allows you to bring your own lawsuit against Earl Enterprises related to the Data Incident.

Object to the Settlement

by January 5, 2024

Write to the Court about why you do not like the Settlement. 

You may also write to the Court to provide reasons why you support the Settlement.

Go to the Final Approval Hearing

February 12, 2024

Ask to speak in Court about the fairness of the settlement.

If you wish to speak at the Final Approval Hearing, you must make a request to do so in your written objection or comment.

The Court will hold a Final Approval hearing at 9:30 a.m. on February 12, 2024, at the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, 425 North Orange Avenue, Orlando, Florida 32801. The Court may hold this hearing via videoconference. If so, we will provide that information here.

Do Nothing

No Deadline

You will not get payment from this Settlement and you will give up certain legal rights.

Get no payment. Give up rights to submit a claim or bring a different lawsuit against Earl Enterprises related to the Data Incident.

Dates and Deadlines

Claims Deadline

January 5, 2024

Exclusion Deadline

January 5, 2024

Objection Deadline

January 5, 2024

Fairness Hearing

February 12, 2024