What is the case number for the Dougherty, et al. v. Bojangles' Restaurants, Inc. lawsuit?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Dougherty, et al. v. Bojangles' Restaurants, Inc., Case No. 3:25-cv-00065 (US Dist. Ct. WDNC). In December 2024, our affiliate, BRI, was named as a defendant in nine putative class action lawsuits related to a data security incident that occurred from February 19, 2024 through March 12, 2024. The plaintiffs later dismissed each of those nine lawsuits and combined to file the pending action. The lawsuit alleges that BRI failed to properly secure the personally identifiable information of the plaintiffs and the putative class members. The plaintiffs seek to represent a class consisting of all individuals residing in the United States whose PII/PHI was compromised in the data breach discovered by BRI in February 2024, including all individuals who received notice of the breach. The complaint asserts causes of action for negligence, negligence per se, breach of implied contract, invasion of privacy, unjust enrichment, breach of fiduciary duty, violation of the North Carolina Unfair and Deceptive Trade Practices Act, and declaratory judgment. BRI moved to dismiss the complaint on April 1, 2025 for lack of standing and for failure to state each of the claims in the complaint. BRI intends to vigorously defend this suit.
Source: Item 3 — LITIGATION (FDD pages 15–17)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the case number for the Dougherty, et al. v. Bojangles' Restaurants, Inc. lawsuit is Case No. 3:25-cv-00065 (US Dist. Ct. WDNC). This lawsuit, filed in December 2024, is a result of a data security incident that occurred from February 19, 2024, through March 12, 2024. The plaintiffs allege that Bojangles' affiliate, BRI, failed to properly secure personally identifiable information. The plaintiffs seek to represent a class of individuals in the United States whose PII/PHI was compromised in the data breach discovered in February 2024, including those who received notice of the breach.
The complaint asserts causes of action for negligence, negligence per se, breach of implied contract, invasion of privacy, unjust enrichment, breach of fiduciary duty, violation of the North Carolina Unfair and Deceptive Trade Practices Act, and declaratory judgment. Bojangles' affiliate, BRI, moved to dismiss the complaint on April 1, 2025, for lack of standing and failure to state each of the claims in the complaint.
Bojangles intends to vigorously defend against this suit. For a prospective franchisee, this pending litigation highlights the importance of data security and the potential legal and financial risks associated with data breaches. It also demonstrates Bojangles' approach to defending itself in legal matters.