Whole Foods Payment Card Data Breach – Class Action Investigation

Whole Foods Payment Card Data Breach – Class Action Investigation

Chimicles & Tikellis LLP is investigating a potential class action lawsuit against Whole Foods relating to its recent announcement that hackers accessed consumers’ credit card information at some of Whole Foods’ in-store taprooms and restaurants.

Specifically, on Thursday, September 28, 2017, Whole Foods publicly revealed that a data breach had potentially compromised its customers’ payment card details. Whole Foods has stated that it was alerted to a potential breach after it received information regarding unauthorized access of payment card information, implying that Whole Foods did not detect the compromise itself, but was instead informed by a third party. Experts have indicated that hackers targeted machines where consumers swipe or insert their payment cards to complete a transaction.

A Whole Foods spokesperson has indicated that about 117 locations were involved, but Whole Foods has not yet disclosed which locations may have been affected by the breach or how many customers have been victimized. The company has also not disclosed how long it was aware of the breach before alerting the public. As of 2016, 180 of Whole Foods’ 464 stores had bars or taprooms. Whole Foods set up a new website that allows customers to see if a store they’ve visited is involved in the breach. The website does not offer any further instructions to customers potentially compromised.

This is the latest in a multitude of recent payment card data breaches that have targeted restaurants, retail stores, and other large chain stores across the United States.  These data breaches expose consumers’ private and sensitive personal and financial information to identity thieves and fraud, including but not limited fraudulent payment card charges and fraudulently opened accounts. Fraud of this nature can be financially devastating and disruptive to consumers.

Whole Foods’ failure to protect consumers’ payment card information and to prevent this data breach may be a violation of state and federal consumer protection and data privacy laws. If you believe you have been victimized by the Whole Foods payment card data breach, please contact the lawyers listed below.

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Attorneys for this case:

Benjamin F. Johns
Andrew W. Ferich