PrimoHoagies Cyberattack Victims: You May Be a Class Member in This Settlement

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A settlement has reportedly been reached with PrimoHoagies Franchising, Inc. d/b/a PrimoHoagies in a class action lawsuit stemming from an external criminal cyberattack that targeted PrimoHoagies’ online payment platform between July 15, 2019, and February 18, 2020. PrimoHoagies made the cyberattack public on April 17, 2020. The pending class action was filed in the United States District Court for the District of New Jersey and is captioned Hozza v. PrimoHoagies Franchising, Inc. d/b/a PrimoHoagies, Case No. 1:20-cv-04966 (D.N.J.).

PrimoHoagies denies any wrongdoing and that it violated any law. PrimoHoagies further maintains that it has good and meritorious defenses to Plaintiff’s claims and would prevail if the case were to proceed. Nevertheless, to avoid further expense, inconvenience, and distraction of burdensome and protracted litigation, the parties have agreed to settle the claims in the lawsuit.

Under the terms of the agreement, subject to certain exceptions, the proposed settlement class purportedly consists of 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. Each proposed class member may be entitled to receive credit monitoring services for one year; and/or reimbursement for certain unreimbursed out-of-pocket costs and expenses and/or for lost time and effort, subject to limitations and documentation requirements.

The District Court has appointed Christian Levis, Anthony M. Christina and Amanda G. Fiorilla of Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY 10601, as class counsel to represent the settlement class.

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The court will reportedly conduct a Final Approval Hearing on March 22, 2023, to determine whether to grant final approval of the settlement.

More information about the lawsuit and settlement can be found at www.hoagiesettlement.com.

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