UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Update-After the final approval of the settlement by the District Court, an objector filed an appeal solely with respect to the award of attorneys’ fees to the attorneys for the Settlement Class. On November 2, 2023, the Court of Appeals for the Third Circuit reversed the attorneys’ fee award and remanded the case to the District Court for further consideration of the Petition for Attorneys’ Fees filed by Class counsel. The District Court has scheduled a hearing with respect to that Petition on December 5, 2023 at 3:00 p.m. in Courtroom 10-B at 601 Market Street, Philadelphia, PA 19106.
In re Wawa, Inc. Data Security Litigation, No. 19-cv-6019-GEKP (E.D. Pa.)
IF YOU USED A CREDIT OR DEBIT CARD AT ANY WAWA CONVENIENCE STORE OR FUEL PUMP BETWEEN MARCH 4, 2019 AND DECEMBER 12, 2019, YOU MAY BE PART OF A CLASS ACTION SETTLEMENT
You can access and submit a Claim Form NO LATER THAN NOVEMBER 29, 2021
Wawa, Inc. (“Wawa”) has agreed to pay up to $9 million in cash and Gift Cards to settle a class action lawsuit regarding a data security incident Wawa announced in December 2019. As previously announced, between March 4, 2019 and December 12, 2019 (the “Period of the Security Incident”), cybercriminals accessed Wawa’s computer systems and obtained customers’ cardholder information, including credit and debit card numbers, card expiration dates, and cardholder names on payment cards that were used at Wawa stores or fuel pumps during that time period (the “Data Security Incident”). This settlement resolves claims on behalf of all customers who used their credit or debit cards at Wawa during the Period of the Security Incident (the “Settlement”). In addition to the Gift Cards and monetary compensation described below, Wawa has implemented and agreed to further implement significant data security enhancements, collectively valued at no less than $35 million. Wawa has denied the allegations made by the plaintiffs in these cases.
The Settlement Class consists of all customers who reside in the United States and who used a credit or debit card at a Wawa convenience store or fuel pump at any time during the Period of the Security Incident. Excluded from the Class are Wawa’s executive officers and the Judge to whom the Lawsuit is assigned.
Summary of the Settlement Terms
The Settlement provides three alternative Tiers of relief to Class Members who submit a timely valid Claim Form:
WHO IS ELIGIBLE
WHAT YOU CAN GET
Customers who: (a) made a credit or debit card purchase at Wawa during the Period of the Security Incident; (b) did not suffer attempted or actual fraud on their card; and (c) spent at least some time monitoring their accounts as a result of the Data Security Incident.
Can receive a
$5 Wawa Gift Card
Customers who: (a) made a credit or debit card purchase at Wawa during the Period of the Security Incident; (b) can provide reasonable proof of an actual or attempted fraudulent charge on their card after that transaction; and (c) spent at least some time monitoring their accounts as a result
Can receive a
$15 Wawa Gift Card
Customers who: (a) made a credit or debit card purchase at Wawa during the Period of the Security Incident; and (b) can provide reasonable documentary proof of money they lost or spent out-of-pocket in connection with an actual or attempted fraudulent transaction on the card that is reasonably attributable to the Data Security Incident
cash reimbursement of
up to $500
Class Members can receive relief from a single Tier only and may submit one claim form (regardless of the number of cards they used or transactions they made at Wawa during the Period of the Security Incident).
The Court in charge of this case still has to decide whether to approve the Settlement. If the Court approves the Settlement, Gift Cards or cash reimbursement will be sent after any appeals are resolved.
YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT
Option 1: Submit a Claim Form to be Eligible for Compensation
If you timely submit a valid Claim Form by November 29, 2021, you will receive compensation. You will also give up your right to sue Wawa regarding the Data Security Incident.
Option 2: Exclude Yourself From the Settlement
If you do not wish to receive compensation from the Settlement and you would like to retain the right to sue Wawa over the Data Security Incident on your own at your own expense and on an individual rather than a class basis, you will need to exclude yourself from the Class. You will get no monetary compensation from the Settlement. The deadline to exclude yourself (also called opting out) is November 12, 2021.
Option 3: Object to the Settlement
You have a right to stay in the Class and argue in a written objection that the Settlement should not be approved. You will still be bound by the Settlement if it is approved and you will not be allowed to exclude yourself from the Settlement. The deadline to object is November 12, 2021. You can also ask to speak in Court about the fairness of the Settlement.
Option 4: Do Nothing
If you do nothing, you will not receive any payment. You will be bound by the Settlement’s terms and will lose the right to sue Wawa regarding the Data Security Incident. All Class Members, however, will receive the benefit of Wawa’s data security enhancements, regardless of whether they submit a Claim Form.