Lowey Secures $28.5 Million Recovery for Financial Institutions in Wawa Data Breach

by | Mar 20, 2023 | Homepage, News | 0 comments

On March 10, 2023, Plaintiffs Inspire Federal Credit Union, Insight Credit Union, and Greater Cincinnati Credit Union filed a motion for preliminary approval and announced a Settlement with Wawa, Inc. (“Wawa”). In June 2020, the Court previously appointed Christian Levis of Lowey Dannenberg, P.C. as Interim Co-Lead Class Counsel on behalf of a proposed class of financial institution plaintiffs in In re: Wawa Inc. Data Security Litigation, No. 2:19-cv-06019 (E.D. Pa.).

Through the Settlement, Lowey secured $28.5 million for a class of financial institutions arising from Wawa’s December 2019 Data Security Incident which resulted in the compromise of payment card information for more than 30 million payment cards. Under the Settlement, Wawa has committed a total of up to $28.5 million to compensate class members that submit valid claims, including: (1) up to $18.5 million to cover costs associated with cancelling and replacing payment cards in response to the Data Security Incident; (2) up to $8 million for losses resulting from payment card fraud; and (3) up to $2 million to be distributed to class members that attest to incurring other costs, in the alternative to filing another form of claim. In addition to the direct compensation to class members, Wawa will pay up to $9 million towards the costs of notice and administration, attorneys’ fees and expense reimbursements, and service awards to the Financial Institution Plaintiffs for their service as class representatives.

Significantly, the relief obtained for class members under the Settlement is in addition to any compensation class members may receive as part of the card brand assessment process, a separate process Visa and Mastercard operate.

Please contact Christian Levis (clevis@lowey.com), Anthony Christina (achristina@lowey.com), or Amanda Fiorilla (afiorilla@lowey.com) with any questions.