CSK&D Seeks Preliminary Approval of Wawa Data Breach Class Action Settlement

On February 19, 2021, CSK&D and its co-counsel filed a motion for preliminary approval of a class action settlement reached with Pennsylvania-based convenience store Wawa, Inc. (“Wawa”) to settle claims arising out of a data security incident that impacted all Wawa stores and fuel pumps between March 4, 2019 and December 12, 2019. The proposed Settlement provides for relief in the form of Wawa gift cards capped at $8 million in aggregate, cash reimbursements of out-of-pocket costs capped at $1 million in aggregate, as well as significant data security enhancements to Wawa’s systems. CSK&D partner Ben Johns has been appointed interim co-lead counsel in the Consumer Track of cases related to the Wawa security incident.

The proposed settlement class consists of all consumers in the United States who used their payment cards at a Wawa store or fuel pump location during the period of the data security incident. The proposed Settlement provides the following relief for Class members who made a purchase at Wawa during the period of the security incident: (a) Class members who did not suffer attempted or actual fraud on their payment card are eligible to receive a $5 Wawa gift card; (b) Class members who can provide reasonable proof of an actual or attempted fraudulent charge on their card after a Wawa transaction are eligible to receive a $15 Wawa gift card; and (c) Class members who can provide reasonable documentary proof of money they lost or spent out-of-pocket in connection with an actual or attempted fraudulent transaction on their payment card are eligible to reimbursement of those costs up to $500. Class members must submit a claim form to be eligible to receive a gift card or monetary relief. In addition to the gift cards and monetary compensation, Wawa has implemented and agreed to further implement significant data security enhancements, collectively valued at no less than $35 million.

Additional details about the proposed Settlement, including information on the available types of relief, are available in the motion for preliminary approval, the settlement agreement, and will be included on the settlement website which will launch once the Court enters an order preliminarily approving the settlement.

The lawsuit is titled In re Wawa, Inc. Data Security Litigation, No. 19-6019-GEKP and is pending in the Eastern District of Pennsylvania before the Honorable Gene E.K. Pratter. This proposed Settlement pertains to the Consumer Track only. Plaintiffs’ motion for preliminary approval and the settlement agreement with accompanying exhibits can be accessed below.