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FEDERMAN & SHERWOOD ANNOUNCES FILING OF CLASS ACTION LAWSUIT AGAINST BURGERVILLE LLC FOR CONSUMER DATA SECURITY BREACH

Oklahoma City, OK (October 5, 2018) – Federman & Sherwood announces that a class action lawsuit was filed on October 3, 2018 on behalf of consumers against Burgerville LLC (“Burgerville”), a fast-food chain that operates restaurants in Washington and Oregon.  The Complaint alleges that Burgerville failed to meet its legal obligation to protect consumers’ personal credit and debit card information, including names, card numbers, expiration dates and CVV numbers found on the back of most cards.

On October 3, 2018, Burgerville announced that the FBI had contacted them on August 22, 2018 about a data breach that had occurred in September 2017.  Upon investigation, Burgerviille discovered, on September 19, 2018, that the breach was still active.  According to its website, Burgerville took action on September 30, 2018 to contain the breach and close off the cybercriminals’ access to its systems. 

On behalf of herself and all class members, the plaintiff seeks injunctive relief and damages suffered by class members as a result of Burgerville’s actions, including alleged violations of data breach statutes.  If you used your credit or debit card at Burgerville from September 1, 2017 through September 30, 2018, have been affected by the Burgerville cybersecurity breach, and wish to join this class action, please complete the following Contingent Fee Agreement and Confidential Questionnaire:  

Contingent Fee Agreement

Litigation Against: Burgerville LLC

The undersigned (“Client”) engages William B. Federman of Federman & Sherwood (“Attorney”) to seek damages from Burgerville LLC ("Defendant") and to institute litigation against Defendant and anyone else believed by the Attorney to be liable. Client agrees that Attorney may associate with other law firms, experts or consultants in prosecution of this litigation.

For its services, Attorney agrees to accept the engagement on a contingency basis. Attorney will be responsible for all expenses, which may include, but are not limited to, filing fees, costs of travel, lodging, copying, telephone calls, postage, depositions and expert witness fees. Reimbursement of all expenses advanced by Attorney, or payment of expenses made on Attorney’s behalf, will be made before distribution of the net proceeds of any recovery. If a class is certified, Attorney will receive fees as approved and ordered by the Court. If a class is not certified and Client’s action is settled, Attorney will receive 35% of all value received or as ordered by the Court. If no recovery is made, Client will not be responsible for Attorney’s fees or any expenses paid by Attorney. Attorney is not required to pursue any appeals.

Client grants Attorney an Attorney’s Lien on any recovery in this matter. Any disputes under this agreement shall be resolved by binding arbitration in Oklahoma City, Oklahoma, pursuant to the rules of the American Arbitration Association for commercial arbitration.


Client Information









By clicking on the Submit button below, I intend to sign and execute the Contingent Fee Agreement and retain Federman & Sherwood to proceed on Client’s behalf on a contingency basis.



FEDERMAN & SHERWOOD

By: ______________________________

William B. Federman, Esq.

Confidential Client Questionnaire - Burgerville LLC


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PRODUCTION OF DOCUMENTS

Please provide copies with this Confidential Questionnaire of any documents relating to the cybersecurity attack on Burgerville LLC or copies of evidence of any fraud.

Please note that you must preserve and retain all paper files and electronically stored information (“ESI”) related to this case. This may include, but is not limited to, all correspondence and letters received from Burgerville; all documents related to credit card or bank accounts that were affected by the Burgerville data breach; all documents concerning fraud, identity theft, phishing, or any other harm experienced since the data breach; all documents supporting or negating your claims against Burgerville; all documents supporting or negating Burgerville's potential defenses; and all documents concerning how Burgerville caused you damages or injury including any subscription that you bought for a data protection plan. Failure to preserve information (whether paper or electronic) could result in sanctions being imposed by the court for spoliation of evidence.

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