UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA

If your financial institution issued one or more payment cards identified as having been at risk as a result of the data breach that Caribou Coffee, Bruegger’s Bagels, and Coffee & Bagels
announced in December 2018, it could get a payment from
a class action settlement.

• A settlement has been proposed to resolve a lawsuit against Caribou Coffee Company, Inc., Bruegger’s Enterprises, Inc., Einstein & Noah Corp., and Einstein Noah Restaurant Group, Inc. (collectively, “Caribou”) brought by a financial institution as a result of a third-party criminal data breach of Caribou’s point-of-sale systems, involving malware targeting customers’ payment card information that Caribou reported in 2018 (the “Data Breach”).

• The lawsuit, Village Bank v. Caribou Coffee Co., Inc. et al, No. 0:19-cv-01640 (D. Minn.), alleges that Caribou is legally responsible for the Data Breach and asserts claims for negligence and violation of the Minnesota Plastic Card Security Act, as well as claims for declaratory and injunctive relief. Caribou denies these allegations and claims it did not do anything wrong.

• Under the Settlement, Caribou will pay into a non-reversionary fund the amount of $5,816,250.00 to be used to pay claims of Settlement Class Members, all attorneys’ fees, costs, expenses, and other expenditures approved by the Court. This payment will be made into an account out of which the Settlement Administrator will pay eligible Settlement Class Members. A Settlement Class Member, who submits a valid claim, will receive a pro-rata portion of the funds remaining in the Settlement Fund after attorneys’ fees, costs, expenses, and other amounts approved or ordered by the Court. In addition, Caribou agrees to certain non monetary relief related to payment card data security.