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Data Breaches

Ben E. Keith Data Breach Settlement — $35 or Up to $5,000

Proof or notice ID needed $35

Last updated from the official settlement website (bekdataincidentsettlement.com). Re-checked .

Got a Ben E. Keith breach letter? Claim $35 with no documents, or up to $5,000 in losses, plus 3 years of credit monitoring by Nov. 26, 2026.

Who qualifies and how to claim

What you could get

  • $35$35 Alternative Cash Payment, with no documentation.
  • Up to$5,000Documented losses instead, in any combination: up to $5,000 for actual, unreimbursed losses from fraud or identity theft between March 3, 2023 and November 26, 2026; up to $400…
  • Up to$900,000All cash payments are capped at $900,000 in total; if valid claims exceed that, every payment is reduced proportionally.

Pulled from the write-up below. The official settlement website and the court's documents have the final word.

Data Breach · Claims Open

Current Status

Claims are open until November 26, 2026; online claims are due by 11:59 p.m. Eastern time that day, and mailed claims must be postmarked or received by then. The deadline to opt out or object passed on October 27, 2026. The District Court of Tarrant County, Texas, granted preliminary approval in July 2026 and will hold the final approval hearing on December 7, 2026. No payment date has been set; payments and credit monitoring codes go out only after final approval.

Read the full details

What Changed Recently?

The settlement is open for claims after preliminary approval in July 2026. It resolves Baca, et al. v. Ben E. Keith Company, Cause No. 067-348166-23, in the 67th Judicial District Court of Tarrant County, Texas, which grew out of a data security incident in which an unauthorized actor accessed part of Ben E. Keith’s computer network between March 3 and March 5, 2023. The plaintiffs allege the company failed to protect personal information; Ben E. Keith denies any wrongdoing or liability, and the court has not decided who is right.

Who Qualifies?

The settlement class is every individual in the United States who was sent a notice letter from Ben E. Keith about the incident. According to the settlement agreement, the company sent those letters to about 39,789 people around October 26, 2023, after concluding that names, contact information, Social Security numbers, driver’s license and state ID numbers, financial account information, health insurance information or medical information may have been accessed. Ben E. Keith’s officers and directors and the judges on the case, with their staff and families, are excluded.

How Much Can You Get?

Every class member who files a valid claim can choose three years of one-bureau credit monitoring, plus one of two cash paths:

• $35 Alternative Cash Payment, with no documentation.

• Documented losses instead, in any combination: up to $5,000 for actual, unreimbursed losses from fraud or identity theft between March 3, 2023 and November 26, 2026; up to $400 for ordinary out-of-pocket losses such as bank fees, postage, gas for local travel, or credit reports and monitoring bought after the incident; and up to $90 for lost time (three hours at $30), which counts toward the $400.

The two paths cannot be combined. All cash payments are capped at $900,000 in total; if valid claims exceed that, every payment is reduced proportionally. Ben E. Keith pays attorneys’ fees and costs of up to $270,000, service awards and administration costs separately, so they do not come out of class members’ payments.

What Proof or Notice ID Is Required?

The online claim form opens with a login that asks for the Notice ID and Confirmation Code printed on the mailed notice, so this page lists proof as required even though the $35 payment needs no receipts. The postcard notice also had a tear-off claim form that can be mailed in.

The fraud and ordinary-loss payments require reasonable third-party documentation, such as bank statements or receipts, showing the loss was actually incurred, was not reimbursed and was more likely than not caused by the incident; a personal statement alone is not enough. Lost time requires a signed attestation and a short description of the time spent.

What Is the Deadline?

Claims must be submitted online by 11:59 p.m. Eastern time on November 26, 2026, or mailed so they are postmarked or received by that date. The deadlines to opt out and to object were October 27, 2026.

How Do You Take Action?

Claims are filed on the official Ben E. Keith settlement website using the Notice ID and Confirmation Code from the notice, or by mailing the tear-off or downloadable claim form. Payment can be chosen electronically or by paper check on the claim form.

Documents & history

The public record, word for word. Every line below is what the court or the settlement administrator published; we only add short notes on what each item means. The original document has the final word, and it is always one click away.

Official settlement website

The story so far

Claims are open until Nov 26, 2026, 25 days left. The final approval hearing is on Dec 7, 2026.

Latest
Opt-out deadline Oct 27, 2026 · 5 days ago
Next
Claim deadline Nov 26, 2026 · in 4 weeks

Below is every step on record. The key moments come first; tap one to read about it, or pick a filter to see more. Read the graph left to right: each line is one place where things happen, the 0 court cases and the settlement’s website, and the big labelled marks are the moments that matter. Tap one to read about it. Puzzled by a word? See court words, in plain English.

  • A decision by the judge
  • A date to know
  • Money paid out
  • A request to the judge
  • Paperwork or an update
  • Still to come
  1. Opt-out deadlineOct 27, 2026 · Settlement website
  2. Opt-out deadlineOct 27, 2026 · Settlement website
  3. Claim deadlineNov 26, 2026 · still to come
  4. Final approval hearingDec 7, 2026 · still to come

Coming up 2

  1. DeadlineDeadline coming up

    Claim deadline

    Settlement websiteSee the record
    In plain English

    A date by which class members must act: file a claim, opt out (leave the settlement) or object (tell the court what is wrong with it).

  2. HearingCourt hearing scheduled

    Final approval hearing

    Settlement websiteSee the record
    In plain English

    A court hearing. At a final approval (fairness) hearing the judge hears any objections and decides whether to approve the settlement for good.

Today, Nov 1, 2026

October 2026 2 events

  1. DeadlineDeadline

    Deadline to opt out or object

    Settlement websiteSee the record
    In plain English

    A date by which class members must act: file a claim, opt out (leave the settlement) or object (tell the court what is wrong with it).

  2. DeadlineDeadline

    Deadline to object

    Settlement websiteSee the record
    In plain English

    A date by which class members must act: file a claim, opt out (leave the settlement) or object (tell the court what is wrong with it).

Documents

Claim forms 1

The form you fill in to ask for a payment. Some settlements also take claims online on the official website.

Notices to class members 2

The court-approved notice that tells class members who qualifies, what the settlement pays, the options and every deadline. Start here.

  • Notice Official settlement site
    Open the PDF
  • Notice of Proposed Class Action Settlement Official settlement site
    Open the PDF
Settlement agreements 1

The signed contract between the two sides: who is in the class, how much is paid, how the money is split and what rights class members give up.

  • Class Action Settlement Agreement and Release Official settlement site
    Open the PDF
Court orders 1

The judge’s decisions. An order is what makes something official: approving the settlement, setting dates, awarding fees.

  • Preliminary Approval Order Official settlement site
    Open the PDF
Requests to the court (motions) 1

Written requests asking the judge to do something, such as approve the settlement or move a deadline. A motion is only a request until the judge rules on it.

  • Plaintiffs' Motion for Attorneys' Fees, Costs, Expenses, and Service Awards and Memorandum in Support Official settlement site
    Open the PDF
Other documents 1

Other documents published for this case.

  • Plaintiffs' First Amended Class Action Petition Official settlement site
    Open the PDF

Court filings come from the court's public docket through the free RECAP archive; official documents from the settlement administrator's own site. Other dates come from the official settlement site and the summary above. We show the record as published and do not interpret it for your case. Nothing here is legal advice.

Where this information comes from

Court words, in plain English What words like “motion” or “docket” mean. You never need them to file a claim.
Attorneys’ fees money

What the lawyers for the group ask to be paid for bringing the case. It comes out of the settlement fund, and the judge decides the amount, often less than asked.

For example: The lawyers asked for a quarter of the fund in attorneys’ fees; the judge decides how much they get.

Claim form what you fill in

The form you send to get your share of the settlement, online or by mail. Filing one is free.

For example: Send the claim form before the deadline, or you may not be paid.

Class member you, probably

Anyone who fits the group the settlement covers. If you qualify, you are a class member, even if you never heard of the case before.

For example: If you bought the product during the years the notice lists, you are likely a class member.

Class certification a decision

The judge agreeing that one case can speak for a whole group of people in the same situation.

For example: After class certification, the case went ahead for all the customers, not only the two who sued.

Docket /DOK-it/ the court’s record

The court’s diary for a case: a numbered list of every paper filed and every step taken, in order.

For example: The judge’s order was added to the docket on May 20.

ECF number /E-C-F/ a page number

ECF is the courts’ online filing system (Electronic Case Filing). "ECF 233" is item 233 on the case’s docket; "ECF 213-1" is the first attachment to item 213.

For example: A settlement agreement filed as ECF 251 is the 251st item on that case’s docket.

Final approval hearing a date

Also called the fairness hearing: the day the judge listens to anyone with concerns, then decides whether the settlement is approved for good.

For example: The final approval hearing is usually the last big date before payments go out.

Motion a request

A formal "please" to the judge: one side asks for something, like more time or approval of the deal. Nothing changes until the judge answers.

For example: The lawyers filed a motion to extend the claim deadline.

Object /ob-JECT/ your choice

Staying in the settlement but telling the judge what you think should be better. You can still be paid.

For example: If you think the fees are too high, you can object before the deadline.

Opt out your choice

Choosing to leave the settlement. You get nothing from it, but you keep your right to bring your own case.

For example: If you opt out, you will not get a payment from this settlement.

Order a decision

The judge’s answer, and the part that counts. "Granted" means yes, "denied" means no, "granted in part" means yes to some of it.

For example: An order granting the motion means the judge said yes.

Preliminary approval /pre-LIM-in-airy/ a decision

The judge’s first "this looks fair enough to move ahead". Notices go out and claims open, but it is not the final say.

For example: After preliminary approval in June, the claim form went online.

RECAP /REE-cap/ a source

A free public library of federal court papers run by the non-profit Free Law Project. The court documents on this page link to its copies.

For example: We found the judge’s order in the RECAP archive.

Service award money

A small thank-you payment to the people who brought the case on everyone’s behalf (the class representatives). It comes from the fund and the judge decides it.

For example: The two people who started the case each asked the judge for a service award.

Settlement administrator a company

The company that runs the claims for the court: it sends the notices, checks the claims and mails the payments. Questions about your claim go to them.

For example: The settlement administrator mails the checks once the judge approves the deal.

Unopposed /un-uh-POZED/ a word in requests

Both sides agree on the request, so it usually goes through smoothly.

For example: An unopposed motion to move a deadline is almost always granted.

Services

Free tools that take the paperwork out of a claim. No sign-up.

More services are coming soon.