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Business Law
Unfair Competition
Hawaii Data Breach Notification Act

Joshua Bokelman and Suchandra Thapa, individually and on behalf of all others similarly situated v. FCH Enterprises Inc.

Published: Apr. 5, 2019 | Filing Date: May 23, 2018 |

Case number: 18-00209-RJB-RLP Settlement –  $725,000

Court

USDC Hawaii


Attorneys

Plaintiff

Rachele R. Byrd
(Wolf, Haldenstein, Adler, Freeman & Herz LLP)

Michael M. Liskow
(Calcaterra Pollack LLP)

James J. Bickerton
(Bickerton Law Group LLP)

Bridget G. Morgan-Bickerton
(Bickerton Law Group LLP)


Defendant

J. George Hetherington
(Torkildson, Katz, Hetherington, Harris & Knorek, Attorneys at Law)

Ronald I. Heller
(Torkildson, Katz, Hetherington, Harris & Knorek, Attorneys at Law)

Brian W. Tilker
(Torkildson, Katz, Hetherington, Harris & Knorek, Attorneys at Law)

Melissa K. Ventrone
(Clark Hill PLC)

Gavin W. Skok
(Fox Rothschild LLP)


Facts

Representative plaintiffs Joshua Bokelman and Suchandra Thapa brought a class action against FCH Enterprises Inc. in relation to a security incident impacting FCH's credit and debit card processing systems.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged causes of action for negligence, unjust enrichment, and violations of the Hawaii Data Breach Notification Act and Hawaii Unfair Competition Law.

DEFENDANT'S CONTENTIONS: FCH denied plaintiffs' allegations.

Result

The parties reached a settlement. FCH agreed to pay $725,000 into a settlement fund to settle all plaintiffs' claims. Each settlement class member who submits an approved claim is eligible to receive a basic award of $10 from the settlement fund, and some may be eligible for increased awards.


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