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If your Private Information may have been impacted in
the Data Incident involving Krispy Kreme Doughnut
Corporation, discovered on November 29, 2024, and you
were sent notice, you may be entitled to Settlement
Class Member Benefits from a Settlement.
A Court authorized this Notice. This is not a solicitation from a lawyer.
A $1,616,760 Settlement has been reached in a Class Action lawsuit against Krispy Kreme
Doughnut Corporation (“Defendant”) regarding a Data Incident discovered on
November 29, 2024, involving Defendant and resulting in the unauthorized access to or
acquisition of Settlement Class members’ Private Information. The Private Information involved
includes some combination of names, dates of birth, Social Security numbers, and financial
account access information.
The Settlement Class includes: all living individuals residing in the United States who were sent
a notice of the Data Incident indicating that their Private Information may have been impacted in
the Data Incident.
If you are a member of the Settlement Class, you may be eligible for the following Settlement
Class Member Benefits:
Cash Payment A – Documented Losses: You may submit a Claim Form and provide reasonable
documentation for losses related to fraud and/or identity theft as a result of the Data Incident for
up to $3,500 per Settlement Class Member; OR
Cash Payment B – Alternate Cash: Instead of Cash Payment A, without providing
documentation, you may submit a Claim Form to receive an alternative cash payment in the
estimated amount of $75. Your Cash Payment may be subject to a pro rata (a legal term meaning
equal share) increase or decrease depending upon the total value of all Valid Claims;
AND
Credit Monitoring: Without submitting a Claim Form, you will receive access to one year of
free Credit Monitoring. You should have received your activation code on your Postcard Notice. If
you did not get a Postcard Notice, you can obtain your code from the Settlement Administrator. The Credit
Monitoring will be active once the Settlement is finally approved and becomes effective. For more
information, visit the Settlement Website.
This Notice may affect your rights. Please read it carefully.
Your Legal Rights & Options Deadline
Submit a The only way to get a Cash Payment is to submit Submitted or Postmarked by:
Claim Form a timely and valid Claim Form. June 22, 2026
Get no Settlement Class Member Benefits. Keep
Opt-Out
your right to file your own lawsuit against the Postmarked by:
of the
Released Parties about the Released Claims that June 6, 2026
Settlement
are released by the Settlement in this lawsuit.
Stay in the Settlement but tell the Court why you
Object to the Filed by:
do not agree with the Settlement. You will still be
Settlement June 6, 2026
bound by the Settlement if the Court approves it.
Get no Cash Payment. Receive Credit
Do Nothing
Monitoring. Give up your legal rights.
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
AM4642 v.01
These rights and options—and the deadlines to exercise them—are explained in this Notice.
The Court must decide whether to approve the Settlement, attorneys’ fees, costs, and Service Awards.
No Settlement Class Member Benefits will be provided unless the Court approves the Settlement.
BASIC INFORMATION
1. Why is this Notice being provided?
A Court authorized this Notice because you have the right to know about the Settlement of this Class
Action lawsuit and about all of your rights and options before the Court decides whether to grant
Final Approval of the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights,
what Settlement Class Member Benefits are available, who is eligible for the Settlement Class
Member Benefits, and how to get them.
The Honorable Max O. Cogburn, Jr., of the United States District Court for the Western District of
North Carolina is overseeing this class action. The lawsuit is known as In Re: Krispy Kreme Data
Breach Litigation, Case No. 3:25-cv-00434 (“lawsuit”). The individuals who filed this lawsuit are
called the “Plaintiffs” and/or “Class Representatives” and the company sued, Krispy Kreme
Doughnut Corporation, is called the “Defendant.”
2. What is this lawsuit about?
The Plaintiffs filed this lawsuit against the Defendant on behalf of themselves and all others similarly
situated regarding a Data Incident discovered on November 29, 2024, involving Defendant and
resulting in the unauthorized access to or acquisition of Settlement Class members’ Private
Information. The Private Information involved includes some combination of names, dates of birth,
Social Security numbers, and financial account access information.
Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made
any determination of any wrongdoing by Defendant, or that any law has been violated. Instead, the
Plaintiffs and Defendant have agreed to a Settlement to avoid the risk, cost, and time of continuing
the lawsuit.
3. Why is there a Settlement?
The Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit
has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendant. Instead,
the Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant,
and their lawyers believe the Settlement is best for the Settlement Class because of the Settlement
Class Member Benefits available and the risks and uncertainty associated with continuing the lawsuit.
4. Why is this lawsuit a Class Action?
In a Class Action, one or more people (called “Class Representatives”) sue on behalf of all people
who have similar legal claims. Together, all these people are called a Class or Class Members. One
Court resolves the issues for all Class Members, except for those Class members who timely exclude
themselves (Opt-Out) from the Class.
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
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WHO IS INCLUDED IN THE SETTLEMENT?
5. How do I know if I am included in the Settlement?
You are included in the Settlement Class if you are a living individual residing in the United States
and were sent a notice of the Data Incident indicating that your Private Information may have been
impacted in the Data Incident.
6. Are there exceptions to being included in the Settlement?
Yes. Excluded from the Settlement Class are: (1) all persons who are directors, officers, and agents
of Defendant, or their respective subsidiaries and affiliated companies; (2) governmental entities; (3)
the Judge assigned to the lawsuit, that Judge’s immediate family, and Court staff; and (4) those
Settlement Class members who timely and properly opt-out of the Settlement.
7. What if I am still not sure whether I am part of the Settlement?
If you are still not sure whether you are a Settlement Class member, you may go to
www.KrispyKremeDataSettlement.com or call toll-free 1-877-239-1879.
THE SETTLEMENT BENEFITS
8. What does this Settlement provide?
If you are a Settlement Class Member, you may be eligible for the following Settlement Class Member
Benefits:
Cash Payment A – Documented Losses
You may submit a Claim Form with reasonable documentation for losses related to fraud and/or
identity theft as a result of the Data Incident for up to $3,500 per Settlement Class Member.
Examples of reasonable documentation include (but are not limited to): telephone records,
correspondence including emails, or receipts. Personal certifications, declarations, or affidavits from
the Settlement Class Member do not constitute reasonable documentation but may be included to
provide clarification, context, or support for other submitted reasonable documentation. You will not
be reimbursed for expenses if you have been reimbursed for the same expenses by another source,
including compensation provided in connection with the credit monitoring and identity theft
protection product offered as part of the notification letter provided by the Defendant or otherwise.
If you do not submit reasonable documentation supporting a loss, or if your Claim Form is invalid as
determined by the Settlement Administrator, and you do not cure your Claim Form, your Claim Form
will be processed as if you elected Cash Payment B – Alternate Cash.
Cash Payment B – Alternate Cash
Instead of selecting Cash Payment A, without providing documentation, you may submit a Claim
Form to receive an alternative cash payment in the estimated amount of $75.
Credit Monitoring
Without submitting a Claim Form, you will receive access to one year of Credit Monitoring. You
should have received your activation code on your Postcard Notice. If you did not get a Postcard
Notice, you can obtain your code from the Settlement Administrator. The Credit Monitoring will be
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
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active once the Settlement is finally approved and becomes effective. For more information, visit the
Settlement Website.
Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) increase if the
amount of Valid Claims does not use the entire Net Settlement Fund. Alternatively, if the amount of
Valid Claims exceeds the amount of the Net Settlement Fund, your Cash Payment may be subject to
a pro rata reduction.
For purposes of calculating the pro rata increase or decrease, the Settlement Administrator must
distribute the funds in the Net Settlement Fund first for payment of Credit Monitoring and then for
Cash Payments. Any pro rata increases or decreases to Cash Payments will be on an equal percentage
basis.
Injunctive Relief
Defendant is implementing additional security measures following the Data Incident.
9. What am I giving up to receive Settlement Class Member Benefits or stay in the
Settlement Class?
Unless you exclude yourself (opt-out), you will remain in the Settlement Class. If the Settlement is
approved and becomes final, all Court orders and any judgments will apply to you and legally bind
you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released
Parties about the Released Claims in this lawsuit. The specific rights you are giving up are called
“Released Claims.”
10. What are the Released Claims?
Section XIII of the Settlement Agreement describes the Releases, Released Claims, and Released
Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement
is available at www.KrispyKremeDataSettlement.com. For questions regarding the Releases, Released
Claims, or Released Parties and what the language in the Settlement Agreement means, you can also
contact Class Counsel listed below for free, or you can talk to your own lawyer at your own expense.
HOW TO GET BENEFITS FROM THE SETTLEMENT
11. How do I submit a Claim Form?
You must submit a timely and valid Claim Form to receive a Cash Payment as described above. Your
Claim Form must be submitted online at www.KrispyKremeDataSettlement.com by June 22, 2026,
or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by
June 22, 2026. Claim Forms are also available at www.KrispyKremeDataSettlement.com or by
calling 1-877-239-1879 or by writing to:
Krispy Kreme Data Incident
Settlement Administrator
PO Box 2047
Portland, OR 97208-2047
You do not need to submit a Claim Form to receive Credit Monitoring.
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
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12. What happens if my contact information changes after I submit a Claim Form?
If you change your mailing address or email address after you submit a Claim Form, it is your
responsibility to inform the Settlement Administrator of your updated information. You may notify
the Settlement Administrator of any changes by writing to:
Krispy Kreme Data Incident
Settlement Administrator
PO Box 2047
Portland, OR 97208-2047
13. When will I receive my Settlement Class Member Benefits?
The Settlement Class Member Benefits will be provided after the Settlement is approved by the Court
and becomes final.
It may take time for the Settlement to be approved and become final. Please be patient and check
www.KrispyKremeDataSettlement.com for updates.
EXCLUDE YOURSELF OR OPT-OUT OF THE SETTLEMENT
If you are a member of the Settlement Class and want to keep any right you may have to sue or
continue to sue the Released Parties on your own about the legal claims in this lawsuit or the Released
Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from—
or “opting-out” of—the Settlement.
14. How do I opt-out of the Settlement?
To exclude yourself from the Settlement, you must mail a written request for exclusion, which
includes the following:
1) Your name, address, telephone number, and email address (if any);
2) Your personal physical signature; and
3) A statement that you want to be excluded from the Settlement Class, such as “I hereby request
to be excluded from the Settlement Class in the In Re: Krispy Kreme Data Breach Litigation.”
The exclusion request must be mailed to the Settlement Administrator at the following address, and
be postmarked by June 6, 2026:
Krispy Kreme Data Incident
Settlement Administrator
PO Box 2047
Portland, OR 97208-2047
You cannot opt-out (exclude yourself) by telephone or by email.
“Mass” or “Class” requests for exclusion filed by third parties on behalf of a “Mass” or “Class” of
Settlement Class members or multiple Settlement Class members where the opt-out has not been
signed by each and every individual Settlement Class member will not be allowed.
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
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15. If I opt-out can I still get anything from the Settlement?
No. If you opt-out, you will not be able to receive Settlement Class Member Benefits, and you will
not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement Class
Member Benefits if you stay in the Settlement.
16. If I do not opt-out, can I sue the Defendant for the same thing later?
No. Unless you opt-out, you give up any right to sue any of the Released Parties for the legal claims
this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement,
proceedings, orders, and judgments in the lawsuit. You must opt-out of this lawsuit to start or continue
your own lawsuit or be part of any other lawsuit against the Released Parties about the Released
Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit
immediately.
OBJECTING TO THE SETTLEMENT
17. How do I tell the Court I do not like the Settlement?
If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of
the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards.
To object, you must file your timely written objection with the Court as provided below by
June 6, 2026, and send by U.S. mail to Class Counsel, Defendant’s Counsel, and the Settlement
Administrator postmarked by or shipped by private courier (such as Federal Express) by
June 6, 2026, stating you object to the Settlement in In Re: Krispy Kreme Data Breach Litigation,
Case No. 3:25-cv-00434.
To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must
include all of the following information:
1) Your full name, mailing address, telephone number, and email address (if any);
2) All grounds for the objection, accompanied by any legal support for the objection known to
you as the objector or your own lawyer;
3) The number of times you have objected to a class action settlement within the five (5) years
preceding the date that you file the objection, the caption of each case in which you have made
such objection, and a copy of any orders related to or ruling upon your prior objections that
were issued by the trial and appellate courts in each listed case;
4) The identity of all lawyers representing you in connection with the objection (if any),
including any former or current lawyers who may be entitled to compensation for any reason
related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and
Service Awards;
5) The number of times your lawyer or your lawyer’s law firm have objected to a Class Action
Settlement within the five (5) years preceding the date of the filed objection, the caption of
each case in which your lawyer or the firm has made such objection and a copy of any orders
related to or ruling upon your lawyer’s or the lawyer’s law firm’s prior objections that were
issued by the Trial and Appellate Courts in each listed case;
6) The identity of all lawyers (if any) representing you as an objector, and whether they will
appear at the Final Approval Hearing;
7) A list of all persons who will be called to testify at the Final Approval Hearing in support of
your objection (if any);
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
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8) A statement confirming whether you intend to personally appear and/or testify at the Final
Approval Hearing; and
9) Your signature as the objector (a lawyer’s signature is not sufficient).
Class Counsel and/or Defendant’s Counsel may conduct limited discovery on any Objector or
Objector’s Counsel. Objectors and Objectors’ Counsel must strictly and fully comply with the
requirements set forth herein or the Court will not consider the objection.
To object, you must file your timely written objection with the Court by June 6, 2026, and send it by
U.S. mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by
or shipped by private courier (such as Federal Express) by June 6, 2026, at the following addresses:
DEFENDANT’S SETTLEMENT
COURT CLASS COUNSEL
COUNSEL ADMINISTRATOR
Clerk Jeff Ostrow William Ridgway Krispy Kreme Data Incident
U.S. District Court Kopelowitz Ostrow P.A. Skadden, Arps, Slate, Settlement Administrator
Western District of 1 West Las Olas Blvd. Meagher & Flom LLP PO Box 2047
North Carolina Suite 500 320 Canal Street Portland, OR 97208-2047
Charles R. Jonas Fort Lauderdale, FL 33301 Chicago, IL 60606
Federal Building
Mariya Weekes
401 W. Trade St.
Milberg PLLC
Room 1200
333 SE 2nd Ave.
Charlotte, NC 28202 Suite 2000
Miami, FL 33131
Scott Cole
Cole & Van Note
555 12th Street
Oakland, CA 94607
David Wilkerson
Wilkerson Justus PLLC
9 S.W. Pack Square
Suite 301
Asheville, NC 28801
18. What is the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you do not like something about the Settlement. You can
object only if you stay in the Settlement Class. Opting-out is telling the Court that you do not want to
be part of the Settlement Class. If you opt-out, you cannot object because you are no longer part of
the Settlement.
THE LAWYERS REPRESENTING YOU
19. Do I have a lawyer in the lawsuit?
Yes. The Court has appointed Jeff Ostrow of Kopelowitz Ostrow P.A., Mariya Weekes of Milberg
PLLC, Scott Cole of Cole & Van Note, and David Wilkerson of Wilkerson Justus PLLC as Class
Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
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your own lawyer at your own cost if you want someone other than Class Counsel to represent you in
this lawsuit.
20. How will Class Counsel be paid?
Class Counsel will file a motion asking the Court to award the attorneys’ fees of up to 1/3 of the
Settlement Fund, plus reimbursement of reasonable costs. Class Counsel will also ask the Court to
approve the Service Awards for the Class Representatives of up to $1,500 each for their efforts. If
awarded by the Court, the attorneys’ fees and costs, and the Service Awards will be paid from the
Settlement Fund. The Court may award less than these amounts.
THE FINAL APPROVAL HEARING
The Court will hold a “Final Approval Hearing” to decide whether to approve the Settlement and
Application for Attorneys’ Fees, Costs, and Service Awards. You may attend and you may ask to
speak if you file an objection by the deadline, but you do not have to.
21. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on July 6, 2026, at 9:30 a.m. before the Honorable
Max O. Cogburn, Jr. at the Charles R. Jonas Federal Building, 401 West Trade Street, Charlotte, NC
28202. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and
adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’
Fees, Costs, and Service Awards.
If there are objections that were filed by the deadline, the Court will consider them. If you file a timely
objection, and you (or your lawyer) ask to speak at the hearing, the Court, at its discretion, may hear
objections at the hearing.
Note: The date and time of the Final Approval Hearing are subject to change without further notice
to the Settlement Class. The Court may also decide to hold the hearing via video conference or by
telephone. You should check the Settlement Website www.KrispyKremeDataSettlement.com to
confirm the date and time of the Final Approval Hearing have not changed.
22. Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to
attend at your own expense. If you file an objection, you do not have to attend the Final Approval
Hearing to speak about it. As long as you file your written objection by the deadline, the Court will
consider it.
23. May I speak at the Final Approval Hearing?
If there are objections that were filed by the deadline, the Court will consider them. If you file a timely
objection, and you (or your lawyer) ask to speak at the hearing, the Court, at its discretion, may hear
objections at the hearing.
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
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GET MORE INFORMATION
24. How do I get more information about the Settlement?
This Notice summarizes the Settlement. Complete details about the Settlement are provided in the
Settlement Agreement. The Settlement Agreement and other related documents are available at
www.KrispyKremeDataSettlement.com. You may get additional information at
www.KrispyKremeDataSettlement.com, by calling toll-free 1-877-239-1879, or by writing to:
Krispy Kreme Data Incident
Settlement Administrator
PO Box 2047
Portland, OR 97208-2047
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S
CLERK OFFICE REGARDING THIS NOTICE.
Questions? Go to www.KrispyKremeDataSettlement.com or call 1-877-239-1879
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