Gordon, et al. v. Chipotle Mexican Grill, Inc.

Gordon, et al. v. Chipotle Mexican Grill, Inc.
In the United States District Court for the
District of Colorado
Case No. 1:17-cv-01415-CMA

If you made a point-of-sale purchase at an affected Chipotle or Pizzeria Locale restaurant using a credit or debit card, you may be eligible for a payment from a class action settlement.

Claims must be submitted by November 16, 2019.

A federal court authorized this notice. This is not a solicitation from a lawyer.

  • A Settlement has been reached with Chipotle Mexican Grill, Inc. (“Chipotle”) in a class action lawsuit about a data security incident that occurred between March 24, 2017 and April 18, 2017.

  • From on or about March 24, 2017 to April 18, 2017, certain Chipotle restaurants, as well as Pizzeria Locale restaurants which are owned by Chipotle, were the target of a cyber-attack in which criminals accessed its computer systems (the “Security Incident”).  The Security Incident potentially resulted in unauthorized access to customer payment card data, including payment card number, expiration date, and sometimes name.  Subsequently, this lawsuit was filed asserting claims against Chipotle relating to the Security Incident.

  • The Settlement includes all persons residing in the United States who used a credit or debit card to make a point-of-sale purchase at an affected Chipotle or Pizzeria Locale restaurant while payment card data at the store was at risk.  The specific dates during which data was at risk vary on a store-by-store basis.  This information is included in the spreadsheet attached to the notice as Appendix A and is also available on the settlement website.

  • The Settlement provides payments to people who submit valid claims for out-of-pocket expenses and charges that were incurred and plausibly arose from the Security Incident, and for other extraordinary unreimbursed monetary losses.

Your legal rights are affected even if you do nothing.

Your Legal Rights and Options in this Settlement

Submit a Claim
Deadline of
NOVEMBER 16, 2019

The only way to get a payment.

 Ask to be Excluded
Deadline of
NOVEMBER 16, 2019

Get no payment.  The only option that allows you to sue Chipotle over the claims resolved by this Settlement.

Object
Deadline of
NOVEMBER 16, 2019

Write to the Court about why you do not like the Settlement.

Do Nothing

Get no payment.  Give up rights.

  • These rights and options – and the deadlines to exercise them – are explained in the Notice.

  • The Court in charge of this case still has to decide whether to grant final approval of the Settlement.  Payments will only be made after the Court grants final approval of the Settlement and after any appeals are resolved.

WHO IS IN THE SETTLEMENT?

You are included in the Settlement Class if you reside in the United States and used a credit or debit card to make an in-store point-of-sale purchase (online payments were not affected) at an affected Chipotle or Pizzeria Locale restaurant while payment card data at the store was at risk, and you had out-of-pocket expenses, fraudulent charges, lost time spent dealing with fraudulent charges or card replacement issues, or unreimbursed extraordinary monetary losses as a result of the Chipotle Security Incident.  The time frame of the incident is generally from March 24, 2017 through April 18, 2017, although the specific dates during which data was at risk vary on a store-by-store basis.  To determine when your store was at risk and whether you are potentially entitled to submit a claim, please see the spreadsheet attached to the notice as Appendix A or look up your store on the Notice and Claim page of this website.

WHAT DOES SETTLEMENT PROVIDE?

The Settlement will provide payments to people who submit valid claims.

There are two types of payments that are available: (1) Expense Reimbursement (see below) and (2) Extraordinary Expense Reimbursement (see below).  You may submit a claim for either or both types of payments.  You must also provide proof of your class membership in the form of either the first four and last four digits of the number associated with the credit or debit card you claim to have used at an affected Chipotle or Pizzeria Locale restaurant or a document or documents reflecting your use of a payment card at an affected Chipotle or Pizzeria Locale restaurant during the Security Incident, which could include, for example, a receipt from the Chipotle or Pizzeria Locale restaurant reflecting payment by a payment card, a payment card statement or bill, notification from a bank or financial institution stating that the payment card was compromised during the Security Incident.  In order to claim each type of payment, you must provide related documentation with the Claim Form.

WHAT PAYMENTS ARE AVAILABLE FOR EXPENSE REIMBURSEMENT?

Class Members are eligible to receive reimbursement of up to $250 (in total) for the following categories of out-pocket expenses resulting from the Security Incident:

  • unreimbursed bank fees;
  • unreimbursed card reissuance fees;
  • unreimbursed overdraft fees;
  • unreimbursed charges related to unavailability of funds;
  • unreimbursed late fees;
  • unreimbursed over-limit fees;
  • long distance telephone charges;
  • cell minutes (if charged by minute);
  • internet usage charges and text messages;
  • unreimbursed charges from banks or credit card companies;
  • postage;
  • interest on payday loans due to card cancelation or due to over-limit situation;
  • costs of credit report(s);
  • costs of credit monitoring and identity theft protection;
  • reimbursement of up to four (4) hours of documented lost time (at $20 per hour) spent dealing with replacement card issues or in reversing fraudulent charges (only if at least one full hour was spent and if it can be documented with reasonable specificity);
  • and an additional $25 payment for each credit or debit card on which documented fraudulent charges were incurred that were later reimbursed.

WHAT PAYMENTS ARE AVAILABLE FOR EXTRAORDINARY REIMBURSEMENT?

Class Members who had other extraordinary unreimbursed monetary losses because of information compromised as part of the Security Incident are eligible to make a claim for reimbursement of up to $10,000.  As part of the claim, the Class Member must show that: (1) it is an actual, documented, and unreimbursed monetary loss; (2) the loss was more likely than not caused by the Security Incident; (3) the loss occurred during the time period from March 24, 2017 through and including the end of the Claims Deadline; (4) the loss is not already covered by one or more of categories covered by expense reimbursement listed above; and (5) a reasonable effort was made to avoid or seek reimbursement for the loss (including exhaustion of all available credit monitoring insurance and identity theft insurance).

HOW DO I GET BENEFITS?

To ask for a payment, you must complete and submit a Claim Form. Read the instructions carefully, fill out the Claim Form, and submit it online or mail it postmarked no later than November 16, 2019.

HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

If you exclude yourself, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case. To exclude yourself, send a letter that says you want to be excluded from the Settlement in Gordon, et al. v. Chipotle Mexican Grill, Inc., Case No. 1:17-cv-01415-CMA.  Include your name, address, and signature.  You must mail your Exclusion Request postmarked by November 16, 2019, to:

Chipotle Settlement Exclusions
P.O. Box 59479
Philadelphia, PA 19102-9479

HOW DO I TELL THE COURT THAT I DO NOT LIKE THE SETTLEMENT?

You can object to the Settlement if you do not like it or some part of it.  The Court will consider your views.  To do so, you must file a written objection as detailed in Question 19 of the Notice.

To be timely, your objection must be postmarked to the Clerk of the Court for the United States District Court for District of Colorado no later than November 16, 2019.  In addition, you must mail a copy of your objection to both Class Counsel and Defense Counsel, postmarked no later than November 16, 2019:

Court Class COUNSEL DEFENSE COUNSEL

Office of the Clerk
United States District Court
District of Colorado
Alfred A. Arraj Courthouse
901 19th Street
Denver, CO 80294

Benjamin F. Johns
Chimicles Schwartz Kriner &
Donaldson-Smith LLP
361 W. Lancaster Avenue
Haverford, Pennsylvania 19041

Paul G. Karlsgodt
Baker & Hostetler LLP
1801 California Street
Suite 4400
Denver, CO 80202

DO I HAVE A LAWYER IN THIS CASE?

Yes.  The Court appointed the following lawyers as “Class Counsel”: Benjamin F. Johns of Chimicles Schwartz Kriner & Donaldson-Smith LLP, 361 W. Lancaster Avenue, Haverford, Pennsylvania 19041; Tina Wolfson of Ahdoot & Wolfson, PC, 10728 Lindbrook Drive, Los Angeles, California 90024; and Jean Martin of Morgan & Morgan, P.A., 2018 Eastwood Road, Suite 225, Wilmington, North Carolina 28403.  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.

WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold a Fairness Hearing at 2:00 p.m. on December 12, 2019, at the United States District Court for the District of Colorado located at the Alfred A. Arraj Courthouse, 901 19th Street, Denver, CO 80294.  The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website or call 1-844-979-7302. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.  If there are timely objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made.  The Court will also rule on the request for an award of attorneys’ fees and reasonable costs and expenses, as well as the request for service awards for the Representative Plaintiffs.  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long these decisions will take.

PLEASE DO NOT CONTACT THE COURT REGARDING THIS MATTER.