In re: Checkers Data Security Breach Litigation

NOTICE RE HEARING set for 12/8/2020 at 10 AM re [47] Plaintiffs' Motion for Attorneys' Fees, Costs, and Expenses and Service Awards and [48] Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlement. The Court intends to conduct the hearing by Zoom videoconference. No in-person attendance is required. Counsel will receive a Zoom video hearing invitation via e-mail separately. Counsel is directed to arrange for posting a copy of this Notice on the Settlement Website, www.checkersdatabreachsettlement.com, as soon as practicable. Any settlement class member who wishes to attend the hearing may contact the chambers of Magistrate Judge Christopher P. Tuite at chambers_FLMD_tuite@flmd.uscourts.gov or at 813.301.5550 to request a Zoom invitation.

If you used a credit or debit card at certain Checkers and Rally’s restaurants between December 2015 and October 2019, you may be eligible to receive benefits from a class action settlement.

• A Settlement has been proposed in a class action lawsuit against Checkers Drive-In Restaurants, Inc. (“Checkers”), arising out of a data security incident that occurred between December 17, 2015 and October 12, 2019, and reported by Checkers on May 29, 2019 and November 15, 2019.
• From on or about December 17, 2015 to October 12, 2019, certain of Checkers and Rally’s independently owned and operated franchisee restaurants were the target of third-party criminal attacks involving malware that targeted customers’ payment card information (the “Data Breach”). The Data Breach potentially resulted in unauthorized access to customer payment card data, such as name, address, card number, expiration date, security and service codes, and other payment card-related information (“Personal Information”).
• The Settlement includes all residents of the United States who made a credit or debit card purchase at an affected Checkers or Rally’s restaurant during the period of the Data Breach.
• Not all Checkers and Rally’s restaurant locations were affected by the Data Breach; only certain restaurants were affected and at various times. A list of affected Checkers and Rally’s restaurants and the exposure window of the Data Breach for each affected location is available here.
• The Settlement provides compensation to Class Members who submit valid claims as follows: (i) reimbursement of up to $5,000 for certain documented out-of-pocket expenses and lost time (up to 4 hours at $20.00 per hour) that were incurred as a result of the Data Breach; or (ii) compensation in the form of four (4) Vouchers of $5.00 each that may be redeemed at any Checkers and Rally’s restaurant, for non-documented losses and time spent dealing with the repercussions of the Data Breach.

Your legal rights are affected even if you do nothing. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Submit a Claim Form Deadline: October 28, 2020	This is the only way to receive a payment for losses suffered as a result of the Data Breach. For detailed information on how to submit a Claim Form, see FAQs 10, 11, and 12.
Ask to be Excluded from the Settlement Deadline: October 28, 2020	You will not receive a payment, but you will retain any rights you currently have with respect to Checkers and the issues in this case. This is the only option that allows you to bring your own lawsuit against Checkers related to the Data Breach. For detailed information on how to exclude yourself from the Settlement, see FAQs 14, 15, and 16.
Object to the Settlement Deadline: November 17, 2020	Write to the Court about why you do not like the Settlement. You may also write the Court to provide reasons why you support the Settlement. For detailed information on how to object to or comment on the Settlement, see FAQs 17 and 18.
Go to the Final Approval Hearing December 8, 2020, at 10:00 a.m.	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.
Do Nothing	Get no payment. Give up rights to submit a claim or bring a different lawsuit against Checkers related to the Data Breach.

• These rights and options – and the deadlines to exercise them – are explained in the Notice.
• The Court in charge of this case still has to decide whether to grant final approval of the Settlement. Payments will only be made after the Court grants final approval of the Settlement and after any appeals are resolved.