Welcome to the Arby's Financial Institution Data Security Litigation Settlement Website
8/4/21: KCC, the administrator, has emailed claimants who need to complete a W9. This is a legitimate email. Please return the completed W9 as soon as possible.
A settlement has been proposed to resolve a lawsuit against Arby’s Restaurant Group, Inc. (“Arby’s”) brought by financial institution plaintiffs (“FI Plaintiffs”) as a result of computer hackers installing malware on the point-of-sale systems at certain Arby’s locations that Arby’s first announced in February 2017 (the “Intrusion”).
The lawsuit, called In re Arby’s Restaurant Group, Inc. Data Security Litigation, Case No. 1:17-cv-514 (N.D. Ga.), alleges that Arby’s is legally responsible for the Intrusion and asserts claims for negligence and negligence per se. Arby’s denies these allegations.
The FI Plaintiffs brought the action as a class action on behalf of themselves and other similarly situated financial institutions allegedly affected by the Intrusion at Arby’s.
If the settlement becomes effective, Arby’s will pay, on a claims-made basis, up to $2,987,136 to fund distributions to those financial institutions who submit timely and valid claims, are covered by the settlement, and do not exclude themselves from the settlement. Arby’s will also pay the costs of the notice and administration of the settlement.
|YOUR FINANCIAL INSTITUTION'S LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
|SUBMIT A CLAIM FORM||
If your financial institution is covered by the settlement, does not ask to exclude itself, and submits a valid claim, it will receive a cash payment if the settlement becomes effective. See the answer to question 5 on the Frequently Asked Questions tab for how to determine if your financial institution is covered by the settlement. Submitting a claim by July 3, 2020 is the only way for covered financial institutions to receive a payment as part of the settlement.
If your financial institution asks to be excluded from the settlement, it will not receive a cash payment but may still be able to file its own lawsuit against Arby’s for the Intrusion. If the settlement becomes effective, excluding yourself from the settlement by June 3, 2020 is the only option that allows you to file or be part of another lawsuit against Arby’s concerning the claims being resolved by the settlement.
If your financial institution is covered by the settlement and does not ask to exclude itself, it can file an objection by June 18, 2020 telling the court in charge of the litigation why it doesn’t like the settlement. It can also ask to speak in court at the hearing on July 30, 2020 about its objection(s) to the settlement.
If your financial institution is covered by the settlement and does nothing, it will not receive a cash payment, and if the settlement becomes effective, it will give up its rights to be part of any other lawsuit against Arby’s concerning the claims being resolved in the settlement.
These rights and options–and the deadlines to exercise them–are explained in the Notice.
The court in charge of the litigation still needs to decide whether to grant final approval of the settlement. Payments otherwise due under the settlement will not be made unless and until that court approves the settlement and any appeals from that court’s approval are resolved in a way that upholds the settlement, whereupon the settlement will subsequently become effective. Please be patient.