Nature of the Case

The Court has allowed or “certified” a class action lawsuit that may affect your financial institution. In this lawsuit, the Plaintiff financial institutions allege that, between April 7, 2017 and October 28, 2017, hackers targeted point-of-sale systems at certain Sonic drive-in restaurants to steal payment card data when customers used their credit card or debit cards. Plaintiffs allege the breach occurred because Sonic maintained inadequate data security that put financial institutions’ payment card information at risk. Sonic denies these allegations and asserts that it had adequate safeguards in place and did nothing wrong.

Who is in the Class Certified by the Court?

The Court has certified a class consisting of “All banks, credit unions, and financial institutions in the United States that received notice and took action to reissue credit cards or debit cards or reimbursed a compromised account involved in the Sonic Data Breach.”

 

YOUR FINANCIAL INSTITUTION’S LEGAL RIGHTS AND OPTIONS:

Option and Deadline

Your Financial Institution’s Legal Rights

Do Nothing Now

no deadline

Stay in this lawsuit.  Await the outcome.  Give up certain rights.

If your financial institution is a Class Member (as defined below), by doing nothing, it keeps the possibility of getting money and benefits that may come from a trial or a settlement. But, your financial institution gives up any rights to sue Sonic separately about the same legal claims in this lawsuit.

Even though it does not need to do anything now, if the Court rules for the Class at a later date or there is a class settlement, your financial institution will still need to provide evidence showing that Sonic’s acts or failures to act caused any fraud reimbursement or card replacement to receive any payment.

Exclude Your Financial Institution

by July 19, 2021

Get out of this lawsuit. Get no benefits from it. Keep your rights.

If your financial institution asks to be excluded, and money or benefits are later awarded, your financial institution will not share in those benefits. However, your financial institution keeps its right to file its own lawsuit against Sonic for the same legal claims in this lawsuit. This is the only option that leaves your financial institution with the right to file its own lawsuit against Sonic for the mentioned allegations.

 

Dates and Deadlines

Exclusion Deadline

July 19, 2021

Trial Date

October 11, 2021