Charter Foods Data Breach

United States District Court for the Eastern District of Tennessee
Haney et al. v. Charter Foods North, LLC, et al., Case No. 2:23-cv-46

If Charter Foods North, LLC and/or Charter Foods, Inc. (“Charter Foods”) Notified You Of A Data Incident, You May Be Eligible For Benefits From A Class Action Settlement.

A proposed $807,500 settlement has been reached in a class action lawsuit known as Haney et al. v. Charter Foods North, LLC, et al., Case No.: 2:23-cv-46 (“Litigation”), filed in United States District Court for the Eastern District of Tennessee.

This Litigation arises out of a Data Incident and alleges that on or about January 13, 2023, cybercriminals breached Charter Foods’ computer and information systems and may have gained access to personally identifiable information and financial account information belonging to Defendants’ current and former employees (the “Data Incident”). Specifically, Plaintiffs allege that the following categories of information were potentially compromised in the Data Incident, including, but not limited to, names, addresses, dates of birth, and Social Security numbers (the “Private Information”).

Defendants discovered this intrusion on April 7, 2023, and sent notice of the Data Incident to approximately 109,194 individuals.

All Class Members can receive the following benefits from the settlement: All Class Members are eligible to recover compensation for up to $5,000 of their unreimbursed, documented Out-of-Pocket Losses that were incurred as a direct result of the Data Incident.

  • Reimbursement Claim:
    • Compensation for Documented Out-of-Pocket Losses: All Class Members are eligible to recover compensation for up to $5,000 per person for Out-of-Pocket Losses incurred as a result of the Data Incident, including: unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after the Data Incident through the date of the Claims Deadline; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.

    • Pro Rata Cash Payment: All Class Members may also make a claim for a pro rata cash payment from the Settlement Fund. The amount of the cash payment may increase or decrease based upon the number of claims approved. The pro rata Cash Fund payments will evenly distribute the net amount of the Settlement Fund, after payment of all approved claims for Out-of-Pocket Losses, Notice and Administration Expenses, and any award of attorneys’ fees, expenses, and service awards.

Included in this settlement as a Class Member are:

  • All persons in the United States whose information may have been impacted in the Data Incident, including persons to whom Defendants mailed a notification that their information may have been impacted in the Data Incident. The Settlement Class specifically excludes:
    • Excluded from the Class are: (i) Defendants and its respective officers and directors; (ii) all members of the Settlement Class who timely and validly request exclusion from the Settlement Class; (iii) the Judge and Magistrate Judge assigned to evaluate the fairness of this settlement; (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contendere to any such charge.

Your legal rights are affected regardless of whether you do or do not act. Read the Notice carefully.

YOUR LEGAL RIGHTS & OPTIONS IN THIS SETTLEMENT

Submit a Claim Form

You must submit a valid Claim Form to receive benefits from this settlement.

Claim Forms must be submitted online or mailed, postmarked no later than June 5, 2025.

Do Nothing

If you do nothing, you remain in the settlement.

You give up your rights to sue and you will not get any cash compensation or reimbursement as a Class Member.

Exclude Yourself

Get out of the settlement. Get no money. Keep your rights.

This is the only option that allows you to keep your right to sue about the claims in this Litigation. You will not get any money from the settlement.

Your Request for Exclusion must be postmarked no later than May 6, 2025.

File an Objection

Stay in the settlement but tell the Court why you think the settlement should not be approved. Objections must be postmarked no later than May 6, 2025.

Go to a Hearing

You can ask to speak in Court about the fairness of the settlement, at your own expense. See Question 18 for more details.

The Final Approval Hearing is scheduled for July 29, 2025 at 10:00 a.m. ET.

Upcoming Important Dates

Notification Date

3/7/2025

Opt-Out Deadline

5/6/2025

Objection Deadline

5/6/2025

Claim Deadline

6/5/2025

Final Approval Hearing

7/29/2025