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Dickey’s BBQ Locations in California had Highest Risk of Exposure in Recent Data Breach

Posted on behalf of Arnold Law Firm in
NOTICE: If you reside in California, used a credit or debit card at Dickey’s Barbecue Pit restaurant between July 2019 and August 2020, and/or have received a NOTICE OF DATA BREACH, contact the Arnold Law Firm at (916) 777-7777.
security-breach-californiaOn October 13, 2020, Dickey’s Barbecue Pit restaurant (commonly known as Dickey’s BBQ), the largest barbecue restaurant chain in the nation, was notified that credit card information for over 3 million customers had been stolen and was offered on a popular card and fraud marketplace known as Joker’s Stash. The extensive cyberattack is thought to have begun in July 2019, continuing over the past 13-15 months without detection. Security analysts say the security incident appears to have compromised 156 of Dickey’s 469 restaurant locations, now reportedly across as many as 41 states.  The highest exposure appears to have occurred in California, where the number of Dickey’s restaurants is second only to Texas, the company’s founding location. Surprisingly, only three of 123 locations in Texas were breached. With a significant number of California locations being affected, the Dickey’s data breach will likely fall under the California Consumer Privacy Act (CCPA) notification requirements. The CCPA applies to companies that do business in California and collect personal information from California residents. It requires businesses to notify any California resident whose personal information was compromised as a result of a data breach. Any business notifying more than 500 California residents as a result of a single breach must also submit a sample copy of that notification to California’s Attorney General. The CCPA went into effect on Jan. 1, 2020 and is considered one of the broadest state-level privacy laws in U.S. history. Among the rights the CCPA endows is the consumer’s right to bring an action for statutory damages if a data breach meets certain requirements. Dickey’s confirmed the breach and claims to have reported the situation to law enforcement and payment card networks. The restaurant has not yet issued a formal data breach notification but stated that they are “currently focused on determining the locations affected and time frames involved.” The Arnold Law Firm will continue to monitor this data breach and provide updated information as our investigation continues.

If you reside in California, used a credit or debit card at Dickey’s Barbecue Pit restaurant between July 2019 and August 2020, and/or have received a NOTICE OF DATA BREACH, contact the Arnold Law Firm at (916) 777-7777 to discuss your situation and possible legal options.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.