Wawa Financial Institution $28.5M Data Breach Settlement

If your financial institution issued one or more payment cards identified as being at risk due to the Data Security Incident that Wawa, Inc. announced on December 19, 2019, you may be eligible to claim a cash payment from a class action settlement.

Wawa, Inc. has agreed to pay $28,500,000 to settle a class action lawsuit for alleged negligence and negligence per se, and for injunctive and declaratory relief. This settlement is intended to compensate financial institutions that suffered losses due to the data breach.

Who Can Claim an Award?

To be eligible for an award, your financial institution must meet specific criteria. Your financial institution is a member of the Settlement Class if it is located in the United States (including its Territories and the District of Columbia) and issued one or more payment cards identified as being at risk due to the Data Security Incident. These cards include any payment card other than American Express that was identified in alerts from MasterCard, Visa, or Discover related to the incident. Additionally, any payment card used at Wawa during the period of the incident from March 4, 2019, to December 12, 2019, also qualifies.

Specifically, your financial institution is included if:

• It issued one or more 'Alerted On Payment Cards,' which includes any payment card other than American Express (including debit and credit cards) identified as having been compromised by the Data Security Incident.
• It issued any payment card, other than American Express, used at Wawa during the period of the incident from March 4, 2019, to December 12, 2019.

What Awards Can Class Members Claim?

Class members can claim awards from three different categories: Cancellation and Replacement Claims (Tier 1), Fraud Related Claims (Tier 2), and Other Costs – Alternative Claims (Tier 3). The total settlement amount available for these claims is up to $28.5 million.

Under Tier 1, Wawa will pay a minimum of $3 million and a maximum of $18.5 million towards approved claims. Class members who submit a valid claim can receive a cash payment of $5.00 for each impacted card canceled and replaced between December 12, 2019, and May 1, 2020, in response to the Data Security Incident. If the aggregate valid claims for this tier are below $3 million, the per-card payment will be adjusted above $5.00. If the aggregate valid claims exceed $18.5 million, the per-card payment will be adjusted below $5.00.

Under Tier 2, Wawa will pay up to $8 million towards approved claims. To make a valid claim, a class member must provide reasonable supporting documentation and a statement under penalty of perjury indicating the financial loss suffered due to fraudulent charges on impacted cards. The fraudulent charges must have resulted from either a 'card not present non-CVV' transaction or a 'non-EMV processed' transaction that occurred between December 12, 2019, and May 1, 2020. The maximum payment per class member under this tier is $4,000. If the total fraud losses claimed exceed $8 million, the value of all approved claims will be reduced on a pro-rata basis until the total reaches $8 million.

Under Tier 3, as an alternative to claims under Tier 1 or Tier 2, a class member may file a claim for incurred costs as a result of the Data Security Incident. Wawa will pay up to $2 million to satisfy approved claims under this tier. The value of a claim will be a fixed amount calculated by dividing $2 million by the estimated number of class members. No supporting documentation is required for this tier.

• Cancellation and Replacement Claims (Tier 1): $5.00 per impacted card, adjusted based on the total claims.
• Fraud Related Claims (Tier 2): Up to $4,000 per class member, adjusted on a pro-rata basis if total claims exceed $8 million.
• Other Costs – Alternative Claims (Tier 3): A fixed amount calculated by dividing $2 million by the estimated number of class members.

Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward for certain tiers.

For Tier 1, no supporting documentation is required. Class members must identify and attest under penalty of perjury the total number of impacted cards canceled and replaced.

For Tier 2, class members must provide reasonable supporting documentation and a statement under penalty of perjury indicating the financial loss suffered due to fraudulent charges on impacted cards.

For Tier 3, no supporting documentation is required. Class members must attest under penalty of perjury that they incurred costs as a result of the Data Security Incident.

• Tier 1: No supporting documentation required.
• Tier 2: Supporting documentation and a statement under penalty of perjury required.
• Tier 3: No supporting documentation required.

How to Claim Your Award

To claim your award, you must complete and submit a valid Claim Form. You can file a claim online at the official settlement website or by mail. The claim form must be submitted online by 11:59 p.m. Eastern Time on August 12, 2024, or mailed and postmarked no later than August 12, 2024.

The mailing address for submitting the claim form is:

Wawa Financial Institution Data Security Settlement

c/o Analytics Consulting LLC, Settlement Administrator

P.O. Box 2009

Chanhassen, MN 55317-2009

Ensure you keep a copy of the claim form and any attachments if submitting by mail.

Submitting a Claim

Follow these steps to submit a claim:

1. Read the instructions carefully and gather all necessary information.
2. Complete the claim form, providing all required information.
3. Sign the claim form and include any supporting documentation if required.
4. Submit the claim form online or mail it to the Settlement Administrator by the deadline.

How do I Get Paid?

Payments will be made after the settlement is finally approved and any appeals or other required proceedings have been completed. The settlement administrator will review your claim to determine its validity and the amount of your payment.

Settlement Fund Breakdown

The total settlement amount is $28,500,000. This amount will be used to pay approved claims from class members, with a minimum of $3 million and a maximum of $18.5 million allocated for Tier 1 claims, up to $8 million for Tier 2 claims, and up to $2 million for Tier 3 claims.

In addition, Wawa has agreed to pay up to $9 million separately to cover the costs of notice, settlement administration, and court-approved amounts of attorneys' fees and expense reimbursements. If approved, service awards of up to $10,000 will be paid to each Settlement Class Representative from this amount.

Important Dates

• Deadline to File a Claim: August 12, 2024
• Deadline for Requesting Exclusion: June 26, 2024
• Deadline for Submitting an Objection: June 26, 2024
• Final Approval Hearing: December 18, 2024

When will Awards be Paid?

Awards will be paid after the settlement is finally approved and any appeals or other required proceedings have been completed.

Why is There a Class Action Settlement?

The settlement resolves class action lawsuits against Wawa, Inc. for alleged negligence and negligence per se, and for injunctive and declaratory relief related to the Data Security Incident announced in December 2019. By agreeing to settle, both sides avoid the costs, risks, and uncertainties of a trial and related appeals while providing benefits to members of the Settlement Class.

What Happens Next?

The next steps include the final approval hearing scheduled for December 18, 2024. If the court approves the settlement, payments will be made to eligible class members after any appeals or other required proceedings have been completed. Keep an eye on the official settlement website for updates and further instructions.