TO: ALL PERSONS IN THE UNITED STATES WHOSE PAYMENT CARD INFORMATION WAS USED TO MAKE AN ONLINE ORDER WITH PRIMOHOAGIES BETWEEN JULY 15, 2019 AND FEBRUARY 18, 2020.
A settlement has been proposed in the matter of Hozza v. PrimoHoagies Franchising, Inc. d/b/a PrimoHoagies, Case No. 1:20-cv-04966 (the “Action”). Plaintiff Edward D. Hozza, III (“Plaintiff”) entered into a Settlement Agreement with Defendant PrimoHoagies Franchising, Inc. d/b/a PrimoHoagies (“Defendant” or “PrimoHoagies”) on March 17, 2022 (the “Settlement”). The Court has preliminarily approved the Settlement with PrimoHoagies. PrimoHoagies denies any wrongdoing and no finding of wrongdoing has been made.
If you made an online order with PrimoHoagies between July 15, 2019 and February 18, 2020 your debit, credit, charge, prepaid, ATM, or point of sale (“POS”) card (collectively, “Payment Card”) information may have been accessed during a third-party, external criminal cyberattack incident that PrimoHoagies disclosed on April 17, 2020, which targeted PrimoHoagies’ online payment platform between July 15, 2019 and February 18, 2020 (the “Data Breach Period”). The Settlement includes all persons in the United States whose Payment Card information was used to make an online order with PrimoHoagies during the data Breach that PrimoHoagies made public on April 17, 2020 (“Class Members”).
Please do not contact the Court regarding the Settlement. Inquiries concerning this Notice, the Claim Form, or any other questions by Class Members should be directed to:
PrimoHoagies Data Breach Class Action Settlement
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Tel: (877) 844-8211
If the court gives final approval to the Settlement, Class Members who submit a valid Claim Form may be entitled to one or more of the following Settlement Relief: (1) credit monitoring services for one (1) year (valued at $119.40/year); (2) reimbursement of up to $120.00 for certain documented out-of-pocket charges expenses incurred as a result of or after a fraudulent charge on a Payment Card, after that Payment Card was used at PrimoHoagies; and/or (3) reimbursement of $7.50 for lost time and effort expended as a result of a documented fraudulent charge incurred on a Payment Card after that Payment Card was used at PrimoHoagies. Class Members that do not opt out of the Settlement will release their claims against PrimoHoagies in the Action.
If you are a Class Member, the following table contains a summary of your rights and options regarding the Settlement. More detailed information about your rights and options can be found in the Settlement Agreement.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT|
|SUBMIT A CLAIM FORM||
The only way to receive Settlement Relief (see FAQ 10) is to complete and submit a timely and valid Claim Form electronically by no later than November 25, 2022, or to mail your Claim Form so that it is postmarked no later than November 25, 2022. See FAQ 11.
|REQUEST TO BE EXCLUDED FROM THE SETTLEMENT||
If you wish to exclude yourself from the Settlement, you must submit a written request by November 25, 2022. If you exclude yourself, you will not be bound by the Settlement, if approved, or the Settlement release, and you will not be eligible for any Settlement Relief. See FAQs 16 - 20.
|OBJECT TO THE SETTLEMENT||
If you wish to object to the Settlement, you must file a written objection with the Court and serve copies on Plaintiff’s Counsel and PrimoHoagies’ Counsel by November 25, 2022. You must be and remain a Settlement Class Member to object. See FAQs 21 and 22.
|GO TO THE FAIRNESS HEARING||
You may ask the Court for permission to speak about the Settlement at the Fairness Hearing by including such a request in your written objection, which you must file with the Court and serve on Plaintiff’s Counsel and PrimoHoagies’ Counsel by November 25, 2022. The Fairness Hearing is scheduled for March 22, 2023. See FAQs 25 - 27.
|APPEAR THROUGH AN ATTORNEY||You may enter an appearance through your own counsel at your own expense. See FAQ 27.|
|DO NOTHING||If you do nothing in connection with this Settlement, you will not receive credit monitoring services or reimbursement for out-of-pocket charges expenses or for lost time and effort expended and you will be bound by past and any future Court rulings, including rulings on the Settlement, if approved, and the Settlement release. See FAQ 15.|
These rights and options, and the deadlines to exercise them are explained in the Long Form Notice. The capitalized terms used on this website and in the Long Form Notice are explained or defined in the Settlement Agreement.
Please regularly visit this website for updates relating to the Settlement.