If Eligible, Your Financial Institution will Receive a Cash Payment. This is the only way to get Compensation from the Settlement.
Caribou Financial Institution Data Breach Settlement
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.
Frequently Asked Questions
Learn How This Settlement Affects Your Financial Institution’s Rights and Get Answers to Questions About the Settlement
Important Settlement Deadlines That Will Affect Your Financial Institution’s Rights
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.
SUBMIT A CLAIM FORM
If eligible, your financial institution will receive a cash payment. This is the only way to receive compensation from the Settlement.
EXCLUDE YOUR FINANCIAL INSTITUTION
If you ask to be excluded, you will not receive a cash payment, but you may be able to file your own lawsuit against Caribou for the same claims. This is the only option that leaves your financial institution the right to file its own lawsuit against Caribou and/or Defendant’s Released Persons (as defined in the Settlement Agreement) for the claims that are being resolved by the Settlement. In order to be effective, a request to be excluded from the Settlement must include all information required by the Settlement.
Your financial institution can remain in the Settlement Class and file an objection telling the Court why you do not like the Settlement. If your objections are overruled, your financial institution will be bound by the Settlement.
If you do nothing, you will not receive any cash payment. If you do nothing, you will also forfeit your right to sue or bring any claim against Caribou and/or Defendant’s Released Persons (as defined in the Settlement) related to the Data Breach.