If you received a personalized notice in the mail or via email with a Notice ID and Confirmation Code, please enter the codes you were provided below.

Please remember to enter the full Notice ID exactly as it appears on your personalized Notice, (i.e. 12345678).

If you do not have your Notice ID and Confirmation Code please contact the Settlement Administrator at info@HoagieSettlement.com.

PROOF OF CLAIM AND RELEASE

(To read and view the full copy of the PROOF OF CLAIM AND RELEASE please click here)

INSTRUCTIONS

If your debit, credit, charge, prepaid, ATM, or point of sale card (“Payment Card”) information was used to make an online order with PrimoHoagies during the Data Breach that PrimoHoagies made public on April 17, 2020, you may be eligible to receive cash payments and one (1) free year of credit monitoring if you submit this Proof of Claim and Release (“Claim Form”) by 11:59 p.m. Eastern Time on November 24, 2022.

Each Settling Class Member may be entitled to receive one or more of the following Settlement Relief: (1) one (1) year of free Credit Monitoring; (2) up to $120.00 for the Out-of-Pocket Cost Reimbursement; and/or (3) $7.50 for the Lost Time and Effort Reimbursement. Each Settling Class Member can only submit one claim for the Settlement Relief regardless of the number of Payment Cards used to make an online order(s) with PrimoHoagies during the Data Breach and the number of fraudulent transactions that occurred on each Payment Card.

For Claim Forms to be valid, claimants must provide all information requested under “Class Member Information” and the respective sections for the Settlement Relief being sought. Claimants must also sign the Claim Form attestation that appears at the end of the Claim Form in the Claim Form Verification section.

Credit Monitoring. No additional documentation is required to be eligible for Credit Monitoring. Settling Class Members whose Claim Forms are determined to be timely and valid who request Credit Monitoring will receive an activation code to begin credit monitoring that shall be sent via e-mail.

Out-of-Pocket Cost Reimbursement. Class Members who submit a timely and valid Claim Form along with the required supporting documentation, described below, are eligible for reimbursement of certain out-of-pocket expenses, up to $120.00 per Class Member, that were incurred as a result of the Data Breach.

(a) Unreimbursed fraudulent charges incurred on Payment Cards used at PrimoHoagies, where the fraudulent charge(s) occurred during the Data Breach Period or up to five (5) months after the end of the Data Breach.

And/or

(b) Unreimbursed costs of purchasing credit reports, credit monitoring, and/or identity theft protection services after a fraudulent charge or notice of some suspicious activity subsequent to the use of their Payment Card at PrimoHoagies but before PrimoHoagies offered free credit monitoring to impacted customers on April 17, 2020.

Lost Time and Effort Reimbursement. Class Members who attest and provide the required supporting documentation, described below, are eligible for reimbursement in the amount of $7.50 for lost time and effort expended as a result of a fraudulent charge incurred on a Payment Card, after that Payment Card was used at PrimoHoagies during the Data Breach, regardless of whether that charge was reimbursed or not, where the charge occurred during the Data Breach or up to five (5) months after the end of the Data Breach Period.

Documentation of a Fraudulent Charge. To qualify for either or both the Lost Time and Effort Reimbursement and the Out-of-Pocket Cost Reimbursement components of the settlement, Settling Class Members must provide Documentation of a Fraudulent Charge, which is documentation that shows: (1) a charge, (2) that was fraudulent, (3) occurring during the Data Breach Period (between July 15, 2019 and February 18, 2020) or up to five (5) months after the end of the Data Breach Period, and (4) occurring after the same Payment Card was used during the Data Breach Period to make an online order with PrimoHoagies. Acceptable documentation to be uploaded may include:

  • Bank statement or credit card or debit card statement.
  • Screen shot from a bank or credit or debit card account on a website or mobile app.
  • Correspondence, such as emails, text messages, or letters, to or from the credit or debit card company or bank regarding the fraudulent charge.
  • Transcripts or recordings of phone call(s) with the credit or debit company or bank regarding the fraudulent charge.
  • Notice or alert from a credit or identify identity theft monitoring service, credit or debit card company or bank.
  • Other reasonable documentation that shows the fraudulent transaction and identifies that it was the same Payment Card used at PrimoHoagies.

Settling Class Members that claim Lost Time and Effort Reimbursement and/or Out-of-Pocket Cost Reimbursement and whose Claim Forms are determined to be timely and valid will receive their cash payment via an electronic payment method or by check. Please ensure you provide a current, valid email address with your claim submission. If the email address you include with your submission becomes invalid for any reason, it is your responsibility to provide accurate contact information to the Settlement Administrator to receive a payment and/or the activation code for credit monitoring.

Unless otherwise defined, all capitalized terms contained in this Claim Form have the same meaning as in the Long Form Notice (“Notice”) and the Settlement Agreement, which are available on the Important Documents page. It is important that you read the Notice. By signing and submitting this Claim Form, you will be certifying that you have read the Notice, including the terms of the Release and Covenant Not to Sue described in the Notice under the heading “What Am I Giving Up to Receive a Payment?” and provided for in the Settlement Agreement.

CLASS MEMBER INFORMATION (REQUIRED)

* Required Fields

CREDIT MONITORING

Under the Settlement, if you are a Settling Class Member, you may be eligible to receive one (1) year of free credit monitoring paid for by PrimoHoagies (valued at $119.40/year) through Identity Theft Guard Solutions, Inc. (“IDX”).

If you wish to receive the credit monitoring, please check the box below and sign the attestation (if accurate).

LOST TIME AND EFFORT REIMBURSEMENT

Under the Settlement, you may be eligible to receive $7.50 for lost time and effort that you expended as a result of a fraudulent charge incurred on a Payment Card, after that Payment Card was used at PrimoHoagies, regardless of whether that charge was reimbursed or not, where the charge occurred during the Data Breach Period or up to five (5) months after the end of the Data Breach Period.

To claim this relief, you must attach your Documentation of a Fraudulent Charge (defined above), check the applicable boxes below, and sign the attestation (if accurate).

OUT-OF-POCKET COST REIMBURSEMENT

Under the Settlement, you may be eligible to receive up to $120.00 for reimbursement for the following types of out-of-pocket expenses that were incurred as a result of the Data Breach:

  1. Unreimbursed fraudulent charge(s) incurred on a Payment Card(s) after the Payment Card(s) was (were) used at PrimoHoagies, where the charge(s) occurred during the Data Breach Period or up to five (5) months after the end of the Data Breach Period (between July 15, 2019 and February 18, 2020).
  2. Unreimbursed costs for purchasing credit reports, credit monitoring, and/or identity theft protection services after a fraudulent charge or notice of some suspicious activity subsequent to the use of the Payment Card at PrimoHoagies but before PrimoHoagies offered free credit monitoring on April 17, 2020.

Settling Class Members may submit for reimbursement under both (a) and (b), for a total out-of-pocket cost reimbursement not to exceed $120.00.

To claim relief under (a), you must:

  • Provide the following documentation:
    • Documentation of a Fraudulent Charge (defined above). The documentation must show the amount of the unreimbursed charge for which you seek reimbursement;
    • Documentation confirming that you were or are a cardholder on or owner of the account for the Payment Card which incurred the unreimbursed fraudulent charge (if this information is not reflected in your Documentation of a Fraudulent Charge); and
    • Correspondence from the credit card company, debit card company, or bank associated with the Payment Card denying reimbursement of the fraudulent charge.
  • Check the applicable boxes below:

To claim relief under (b), you must:

  • Provide the following documentation:
    • Documentation of a Fraudulent Charge (defined above); and
    • Documentation of the date, cost and proof of payment of the credit report(s), credit monitoring and/or identity theft protection services.
  • Check the applicable boxes below:

If claiming under either or both (a) and (b), you must also identify the amount requested for reimbursement and sign the certification below.

SUPPORTING DOCUMENTATION

Accepted file types are: PDF, TIF, JPG, GIF, PNG. Other file types will be rejected.

Please confirm in the grid below that your file has been successfully uploaded.

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    PAYMENT SELECTION

    If you are making a claim for the Out-of-Pocket Cost Reimbursement and/or the Lost Time and Effort Reimbursement, you may elect to receive any payment to which you are entitled by digital payment or by check. Please select one of the following payment options. Should you wish to change your election after submitting your Claim Form, please contact the Settlement Administrator.

    You have successfully requested a payment. Click here if you would like to choose a different payment method.

    CLAIM FORM VERIFICATION (REQUIRED)

    By signing below and submitting this claim form I hereby affirm under oath that:

    1. I (we) have read the Notice and Claim Form, including the descriptions of the Release and Covenant Not to Sue provided for in the Settlement Agreement.
    2. I (we) am (are) a Class Member and am (are) not one of the individuals or entities excluded from the Settlement Class.
    3. I (we) have not submitted a Request for Exclusion.
    4. I (we) have not submitted any other claim in this Action and know of no other person having done so on my (our) behalf.
    5. I (we) submit to the jurisdiction of the Court with respect to my (our) claim and for purposes of enforcing the releases set forth in any Final Judgment that may be entered in the Action.
    6. I (we) acknowledge that, as of the Effective Date of the Settlement, pursuant to the terms set forth in the Settlement Agreement, and by operation of law and the Final Judgment, I (we) shall be deemed to release and forever discharge and shall be forever enjoined from prosecuting any claims relating to the Data Breach and the Released Claims against PrimoHoagies and the Released Parties (as more fully defined in the Settlement Agreement and/or Final Judgment).
    7. If signing as an Authorized Representative on behalf of an entity, I (we) certify that I (we) have legal rights and authorization from the entity to file this Claim Form on the entity’s behalf.
    8. UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA, I CERTIFY THAT ALL THE INFORMATION PROVIDED BY ME ON THIS CLAIM FORM IS TRUE, CORRECT, AND COMPLETE AND THAT THE DOCUMENTATION SUBMITTED IN CONNECTION WITH THIS CLAIM FORM ARE TRUE AND CORRECT COPIES OF WHAT THEY PURPORT TO BE.

    Your Claim Form has been submitted successfully.

    Please print this page for your records.

    Your Claim Details
    Submitted Claim ID:
    Confirmation Code:
    You will need the above Submitted Claim ID and Confirmation Code if you would like to edit your Claim at a later time, so please print this page for your records.
    CLAIM INFORMATION
    First Name
    Last Name
    Street Address
    City
    State
    Zip Code
    Email Address
    Phone Number
    Signature
    Date

    If you have any questions regarding your Claim, please provide the Submitted Claim ID listed above and email us at Info@HoagieSettlement.com

    Click here to edit your Claim.

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