Frequently Asked Questions

BASIC INFORMATION

1. How do I know if I am affected by the Litigation and settlement?

You are a Class Member if you are a person 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 Class specifically excludes (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; and (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.

The Notice explains the nature of the Litigation and claims being settled, your legal rights, and the benefits to the Class.

2. What is this case about?

This case is known as Haney et al. v. Charter Foods North, LLC, et al., Case No.: 2:23-cv-46 (“Litigation”), filed in the United States District Court for the Eastern District of Tennessee. The Persons who sued are called the “Plaintiffs” and the entities they sued, Charter Foods North, LLC and Charter Foods, Inc. (“Charter Foods” or (“Defendants”), are known as the “Defendants” in this case.

Plaintiffs filed a lawsuit against Defendants, individually, and on behalf of anyone whose Private Information was potentially impacted as a result of the Data Incident.

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.

Charter Foods denies all claims asserted against them in the Litigation and denies all allegations of wrongdoing and liability.

3. Why is there a settlement?

By agreeing to settle, the Parties desire to settle the Litigation and all claims arising out of or related to the allegations or subject matter of the Consolidated Class Action and Litigation on the terms and conditions set forth herein for the purpose of avoiding the burden, expense, risk, and uncertainty of continuing to litigate the Litigation. The Class Representatives, Charter Foods, and their attorneys believe the proposed settlement is fair, reasonable, and adequate and, thus, in the best interests for Class Members. The Court did not decide in favor of the Plaintiffs or Charter Foods. Full details about the proposed settlement are found in the Settlement Agreement, which is available in the Important Docs page of this website.

4. Why is this a class action?

In a class action, one or more people called a “Class Representatives” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.”

5. How do I know if I am included in the settlement?

You are included in the Class if you are an individual identified on the Class List whose certain Private Information may have been involved in the Data Incident who does not timely elect to be excluded from the Class. If you are not sure whether you are included as a Class Member, or have any other questions about the settlement, review this website, call toll free (833) 207-6994, or write to:

Charter Foods Data Breach Incident
PO Box 25226
Santa Ana, CA, 92799

THE SETTLEMENT BENEFITS

6. What does this settlement provide?

The proposed settlement will provide the following benefits to Class Members:

Reimbursement Claim

• Compensation for 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.
  
  Claims will be subject to review for completeness and plausibility by the Settlement Administrator.
  
  To receive reimbursement from the Settlement Fund for any of the above-referenced documented Out-of-Pocket Losses, Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Settlement Administrator.


• 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 pro rata cash payment is estimated to be $50 per claimant and may increase or decrease depending on the applicable claims rate. This 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 $1,175,000.00 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.

7. How to submit a Claim Form

All Claim Forms will be reviewed by the Settlement Administrator for completeness and plausibility. You must file a Claim Form to get cash compensation or reimbursement from Settlement Fund under the proposed settlement. Claim Forms must be submitted online or postmarked no later than June 5, 2025. For more information, please visit the Important Documents page of this website or you can email the Settlement Administrator at info@CharterFoodsDataBreach.com for a Claim Form.

8. What am I giving up as part of the settlement?

If you stay in the Class, you will be eligible to receive benefits, but you will not be able to sue Defendants or their past or present agents, subsidiaries, parents, and affiliates, and their respective employees, officers, directors, shareholders, partners, members, managers, owners, heirs, executors, predecessors, successors, assigns, insurers (including excess insurers and reinsurers), vendors, attorneys, and/or sureties (collectively “Released Parties”) regarding the claims in this case.

The Settlement Agreement, which includes all provisions about Released Claims, releases, and Released Parties, is available in the Important Docs page of this website.

The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the Class, and, if the settlement is approved, you give up the right to sue for the claims in this case.

9. Will the Class Representatives receive compensation?

Yes. If approved by the Court, the Class Representatives will each receive a Service Award of up to $5,000, to compensate them for their services and efforts in bringing the Litigation. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.

EXCLUDE YOURSELF

10. How do I exclude myself from the settlement?

If you do not want to be included in the settlement, you must “opt-out” by sending a timely written Request for Exclusion. Your Request for Exclusion must (a) state your full name and address; (b) contain the your personal and original signature (or the original signature of a person authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation); and (c) state your intent to be excluded from the Class and from the settlement, not to participate in the settlement, and/or to waive all rights to the benefits of the settlement.

Your written Request for Exclusion must be postmarked no later than May 6, 2025, to:

Charter Foods Data Incident Litigation
PO Box 25226
Santa Ana, CA, 92799

If you exclude yourself you will not be able to receive any cash benefit from the settlement, and you cannot object to the settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Litigation, and you will keep your right to sue Charter Foods on your own for the claims that this settlement resolves.

11. If I do not exclude myself, can I sue later?

No. If you do not exclude yourself from the settlement, and the settlement is approved by the Court, you forever give up the right to sue the Released Parties (listed in Question 8) for the claims this settlement resolves.

12. What happens if I do nothing at all?

If you do nothing, you will be bound by the settlement if the Court approves it, you will not get any money or reimbursement from the settlement, you will not be able to start or proceed with a lawsuit or be part of any other lawsuit against the Released Parties (listed in Question 8) about the settled claims in this case at any time.

THE LAWYERS REPRESENTING YOU

13. Do I have a lawyer in the case?

Yes. The Court has appointed Siri Glimstad, LLP, Morgan & Morgan, P.A., Cole & Van Note, and Mason LLP (called “Class Counsel”) to represent the interests of all Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

14. How will the lawyers be paid?

Class Counsel will apply to the Court for a Fee Award and Expenses not to exceed 33% of the total Settlement Fund (or $266,475) for fees in prosecuting the litigation plus reasonable litigation expenses. A copy of Class Counsel’s Fee and Expense Application and Service Award for Class Representatives will be posted on the Important Documents page of the Settlement Website, before the Final Approval Hearing. The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award less than the amount requested by Class Counsel.

OBJECTING TO THE SETTLEMENT

15. How do I tell the Court that I do not like the settlement?

If you want to tell the Court that you do not agree with the proposed settlement or some part of it, you must file an objection with the Court and with the Settlement Administrator by May 6, 2025 (the “Objection Deadline”) stating why you do not think the settlement should be approved.

To be valid, each Objection must:

1. the case name and docket number— Haney v. Charter Foods North, LLC, Case No. 2:23-cv-46 (ED. TN);
2. a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable and any supporting documents;
3. the identity of any and all counsel representing the objector in connection with the objection;
4. a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing, and;
5. the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection.

Your objection must be filed with the Clerk of Court, mailed to the Settlement Administrator and include the case name and docket number, titled Haney et al. v. Charter Foods North, LLC, et al. Case No.: 2:23-cv-46 by May 6, 2025 at the following addresses:

If you do not submit your objection with all requirements, or if your objection is not received by May 6, 2025, you will be considered to have waived all objections and will not be entitled to speak at the Final Approval Hearing.

16. What is the difference between objecting and asking to be excluded?

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the settlement no longer affects you.

THE FINAL APPROVAL HEARING

17. When and where will the Court decide whether to approve the settlement?

The Court will hold the Final Approval Hearing on July 29, 2025, 10:00 a.m. ET in the United States District Court for the Eastern District of Tennessee, 220 West Depot Street, Suite 200 Greeneville, Tennessee 37743. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this Settlement Website for updated information.

At the hearing, the Court will consider whether the proposed settlement is fair, reasonable, adequate, and is in the best interests of Class Members, and if it should be finally approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the Fee Award and Expenses to Class Counsel and the request for a Service Award to the Class Representatives.

18. Do I have to come to the hearing?

No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.

If you submit an objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making objections in Question 15, including the requirements for making appearances at the hearing.

19. May I speak at the hearing?

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in Question 15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the settlement.

GET MORE INFORMATION

20. How do I get more information about the settlement?

This is only a summary of the proposed settlement. If you want additional information about this Litigation, including a copy of the Settlement Agreement, the Consolidated Amended Class Action Complaint, the Court’s Preliminary Approval Order, Class Counsel’s for Fee and Expense Application when available, and Service Award for Class Representatives, and more, please visit this website or call (833) 207-6994. You may also contact the Settlement Administrator at Charter Foods Data Incident Litigation, PO Box 25226, Santa Ana, CA 92799.

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANTS, OR CHARTER FOODS’ COUNSEL.