Frequently Asked Questions

1. What is the class action about?

This matter concerns a putative class action, Leon Allen v. Wenco Management, LLC (the "Litigation"), which arises out of out of a data security incident affecting Wenco Management, LLC. On or about August 21, 2022, Wenco became aware of potential unauthorized access to its network (the "Data Security Incident"). Wenco promptly retained an outside cybersecurity firm to conduct a forensic investigation into the Data Security Incident, which revealed that a threat actor may have accessed certain files on Wenco's network, some of which contained personally identifiable information and/or protected health information ("PII/PHI"). Shortly thereafter, Wenco provided notice of the Data Security Incident to individuals whose PII/PHI may have been accessed. Plaintiff filed a Class Action Complaint against Wenco in the Ashland County Court of Common Pleas alleging his and Settlement Class Members' PII/PHI was improperly disclosed. Wenco denies all claims of wrongdoing or liability that Plaintiffs, Settlement Class Members, or anyone else has asserted in this Litigation or may assert in the future based on the conduct alleged in the Complaint. The Court has not decided who is right. Instead, the Parties agreed to a compromise.

The Parties have concluded that it is in their best interests to settle the Class Action on the terms generally set forth herein in order to avoid expense, inconvenience, risk of negative outcome, and interference with ongoing business operations.

The Court has determined that the Litigation should proceed as a class action, for purposes of settlement only, with Plaintiff Leon Allen as the representative of the Class, and has granted preliminary approval of the settlement, subject to a final fairness hearing discussed below.

2. What does the proposed Settlement provide?

Defendant has agreed to provide cash benefits, or three years of credit monitoring to Settlement Class Members who submit a Claim Form to the Settlement Administrator electronically via this Settlement Website or physically by mail. You are a Settlement Class Member eligible to submit a claim for certain relief if you were among the individuals mailed a letter from Wenco stating that their information may have been impacted by the Data Security Incident.

Settlement Class Members are eligible to claim:

1. reimbursement for documented Extraordinary Losses up to $3,500.00 and up to three (3) years of Credit Monitoring Services; OR
2. reimbursement for attested Lost Time for up to four (4) hours at twelve dollars and fifty cents ($12.50) per hour or an Alternative Cash Payment.

Together, the Alternative Cash Payment and reimbursement of attested Lost Time are subject to a One Hundred Thousand Dollar ($100,000.00) total cap that, if reached, will reduce Alternative Cash Payments and payments for attested Lost Time pro rata.

Subject to Court approval, Class Representative and named plaintiff Leon Allen will be paid a service award of up to $2,500.00 for his services as Class Representative and his efforts in bringing this Litigation, and the attorneys for the Class ("Class Counsel") will request to be paid up to $190,000.00 for their attorneys' fees, plus reimbursement of costs. The final decision regarding the amount of attorneys' fees, costs, and enhancements that will be paid to Class Counsel and the Class Representative are subject to the discretion of the Court and the Court's approval.

If you are a Settlement Class Member, your options are:

The Court must give final approval to the Settlement before it takes effect, but it has not yet done so. No payments will be made until after the Court gives final approval and any appeals are resolved. Please review this Website carefully. You can learn more about the Settlement by emailing info@2022FranchiseeEmployeeDataSettlement.com or by calling (833) 360-6864.

Claim Forms are available on this website and must be submitted to the Settlement Administrator via the online Claim Form, or the downloadable paper claim form can be found here and mailed to the Settlement Administrator at:

Allen v. Wenco Management LLC
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

Class members who lack internet access may contact Plaintiffs' counsel using the information set forth below for assistance in processing a claim.

3. What is the Judgment and Release of all claims in this Settlement?

If the Court approves the proposed Settlement, it will enter a final judgment. Under the final judgment, all Settlement Class Members who do not validly and timely request to be excluded from the proposed settlement will waive and release all claims, causes of action of every kind and description, liabilities, rights, demands, suits, matters, obligations and damages (including consequential damages, losses or costs, liquidated damages, statutory damages, punitive damages, attorneys' fees and costs), whether known or unknown (including Unknown Claims) and whether in law or in equity, that the Settlement Class Members (and the respective heirs, administrators, representatives, attorneys, agents, officers, directors, employees, parents, subsidiaries, administrators, partners, predecessors, successors, assigns, subrogees, insurers, co-insurers, reinsurers and insurance brokers of each of Plaintiff, Settlement Class Counsel and the Settlement Class Members and all other legal or natural persons who may claim by, through or under them who have not excluded themselves from the Settlement Class) had, have or may have against Wenco or the Released Parties that result from, arise out of, are based upon, or relate to the Data Incident.

4. When is the Final Fairness Hearing?

On November 24, 2025, at 1:00 p.m. a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement. The hearing will take place at the Court of Common Pleas for Ashland County, Ohio.

5. How can I receive Settlement Benefits?

To receive benefits, you must file a claim. You may complete the claim form online here and click "Submit" to submit your completed Claim Form to the third-party Settlement Administrator no later than October 10, 2025. The downloadable paper claim form can be found here and mailed to the Settlement Administrator postmarked no later than October 10, 2025, to:

Allen v. Wenco Management LLC
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

If you lack internet access you may contact Settlement Class Counsel for assistance in processing your form using Plaintiffs' counsel's contact information set forth in FAQ 9, or mail the form to the Settlement Administrator at the address above.

If you do not submit a valid and timely Claim Form, you shall receive no benefits under the Settlement, but you will still be bound by the Settlement unless you exclude yourself. The date of delivery of a Claim Form is deemed to be the date of the online submission of the form to the Settlement Administrator or postmark date if mailed.

6. How can I exclude myself from the Settlement?

You have the right to exclude yourself from the Class and the Settlement. To exclude yourself from the Class, you must send a letter by U.S. Mail saying that you wish to do so. The words "Request for Exclusion" (or a comparable statement indicating that the individual does not wish to participate in the Settlement) must appear at the top of the communication.

For a Request for Exclusion to be properly completed and executed, subject to approval by the Court, it must include: (a) the name of the proceeding, i.e., Allen v. Wenco Management, LLC, Case No. 24-CIV-204; (b) the Settlement Class Member's full name and current address; (c) the Settlement Class Member's personal and original signature or the original signature of a person authorized by law to act on the Settlement Class Member's behalf with respect to a claim or right such as those asserted in the Litigation, such as a trustee, guardian or person acting under a power of attorney; and (d) an unequivocal statement that the Settlement Class Member intends to be excluded from the settlement.

All Requests for Exclusion must be submitted individually in connection with a Settlement Class Member, i.e., one request is required for every Settlement Class Member seeking exclusion.

You must postmark your exclusion request to the address below no later than October 10, 2025.

Allen v. Wenco Management LLC
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

Requests for Exclusion that are not postmarked on or before October 10, 2025 will not be honored.

Any Settlement Class Member who does not submit a timely Request for Exclusion in accordance with the Settlement Agreement will lose the opportunity to exclude himself, herself, or themself from the Settlement and will be bound by the Settlement.

You cannot exclude yourself by telephone or by email. You cannot exclude yourself by mailing a request to any other location or after the October 10, 2025, deadline. The letter must be signed by you.

If you timely and validly request exclusion from the Class, you will be excluded from the Class, you will not be bound by the judgment entered in the Consumer Action, and you will not be precluded from otherwise prosecuting any individual claim, if timely, against Defendant based on the conduct complained of in the Consumer Action.

7. How can I object to the Settlement?

If you are a Class Member, you can object to the proposed settlement if you do not think the proposed settlement is fair, reasonable or adequate. You can give reasons why you think the Court should not approve it. The Court will consider your views.

To object, you must send a letter stating that you object to the proposed settlement. A written objection must include all of the following to be considered: include (i) the name of the proceeding; (ii) the Settlement Class Member's full name, current mailing address, telephone number and email address (if appliciable); (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (v) the identity of any attorneys representing the objector; (vi) a statement regarding whether the Settlement Class Member (or his/her/their attorney) intends to appear at the Final Approval Hearing; and (vii) the signature of the Settlement Class Member or the Settlement Class Member's attorney.

The Notice must set forth the time and place of the Final Approval Hearing (subject to change) and state that any Settlement Class Member who does not file a timely and adequate objection in accordance with this Paragraph waives the right to object or to be heard at the Final Approval Hearing and shall be forever barred from making any objection to the Settlement. The Final Approval Hearing (subject to change) will take place on November 24, 2025, at 1:00 p.m.

Any Settlement Class Member who does not file a timely and adequate objection in accordance with this Website waives the right to object or to be heard at the Final Approval Hearing and shall be forever barred from making any objection to the Settlement.

Mail your Objection to the following place, postmarked no later than October 10, 2025.

Allen v. Wenco Management LLC
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

If your objection is rejected, you will be bound by the final judgment just as if you had not objected. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own personal attorneys' fees and costs.

8. May I attend the Final Fairness Hearing?

You do not have to attend the hearing. Class Counsel will answer questions the Court may have. You are welcome, however, to come at your own expense. If you submit a written objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating you intend to appear at the Fairness Hearing. Be sure to include (1) the name of the Litigation ("Allen v. Wenco Management, LLC"); (2) your full name, current address, and telephone number; (3) your signature; (4) the words "Notice of Intention to Appear" at the top of the document; (5) the points you wish to speak about at the Fairness Hearing; and (6) the identity (name, address, and telephone number) of any lawyer who will speak on your behalf at the Fairness Hearing.

Please send your Notice of Intention to Appear to the Settlement Administrator at the address contained above in FAQ 7 and postmarked by October 10, 2025.

You cannot speak at the hearing if you have excluded yourself from the settlement.

9. Where can I find additional information?

This description of the Litigation is general and does not cover all the issues and proceedings thus far. For further information, you may contact Settlement Class Counsel, Matthew R. Wilson, Meyer Wilson Co., LPA, 305 W. Nationwide Blvd, Columbus, OH 43215, (614) 224-6000.

Do not address any questions about the Settlement or the Litigation to the Clerk of the Court or to the Judge.