In re Wawa, Inc. Data Security Litigation, No. 19-cv-6019 (E.D. Pa.)
Chimicles Schwartz Kriner & Donaldson-Smith LLP (“CSK&D”) represents Plaintiffs in an ongoing data breach class action lawsuit against Wawa following recent news that it detected a security breach in its database and servers that has potentially affected all Wawa convenient store and gas pump locations.
Wawa, Inc. is an American chain of convenience stores and gas stations located along the East Coast of the United States, operating in Pennsylvania, New Jersey, Delaware, Maryland, Virginia, Washington, D.C. and Florida. Wawa CEO, Chris Gheysens, stated in a letter to customers on Thursday, December 19, 2019, that Wawa has experienced a data security incident involving malware on Wawa payment processing servers. This malware affected customer payment card information, including credit and debit card numbers, expiration dates, and cardholder names on payment cards, used at potentially all Wawa locations beginning at different points in time after March 4, 2019 until it was contained on December 12, 2019. According to media reports, the data breach involved approximately 30 million cards, many of which are available for sale on one of the most notorious websites on the “dark web,” called “Joker’s Stash.”
To date, there have been 28 class actions filed in the Eastern District of Pennsylvania against Wawa as a result of the data breach. CSK&D filed two of those actions on December 26, 2019 (Hans-Arroyo v. Wawa, Inc., No. 19-cv-6127 (E.D. Pa.)) and January 15, 2020 (Rolling v. Wawa, Inc., No. 20-cv-271 (E.D. Pa.)). The Court thereafter consolidated all of the similar consumer actions under the caption In re Wawa, Inc. Data Breach Litigation, No. 19-cv-6019 (E.D. Pa.) before the Honorable Gene E.K. Pratter.
On February 19, 2020, CSK&D—jointly with the law firms of Berger Montague, Fine, Kaplan and Black, R.P.C., and Nussbaum Law Group, P.C.—filed a motion seeking to be appointed as interim co-lead counsel for the consumer class. This motion has the support of all plaintiffs’ counsel in all pending consumer cases in the Eastern District, and Wawa does not oppose the leadership structure proposed by CSK&D and its proposed co-lead firms.
The Court has scheduled a hearing on the issue of appointment of interim lead counsel for March 20, 2020.