Wawa and a group of consumers have reached a settlement of litigation stemming from the data security incident Wawa previously announced in December of 2019.
The agreement, which is subject to Court approval, resolves all customer claims related to that data security incident, which resulted from malware being discovered on Wawa payment processing servers.
The malware affected customer payment card information used at most Wawa locations beginning at different points in time after March 4, 2019, and until it was contained on Dec. 12, 2019. Customers who used a credit or debit card at Wawa stores or fuel pumps can participate in the settlement and obtain Wawa gift cards capped at $8 million in aggregate, and cash reimbursements of out-of-pocket costs capped at $1 million in aggregate.
Settlement claims can be submitted by visiting www.WawaConsumerDataSettlement.com run by KCC LLC. The deadline to submit a claim for payment is Nov. 29.
“We feel this settlement is an excellent result for the class, providing a range of benefits to consumers,” counsel for the consumer class said in a statement. “The settlement compensates three types of customers via different monetary awards – those who used their cards at Wawa and did not experience fraudulent charges on their cards and who spent time monitoring their payment card or other accounts, those who did experience fraudulent charges on their cards, and those who incurred out-of-pocket costs as a result of the data breach.”
The settlement also provides valuable remedial relief aimed at preventing similar breaches in the future, the statement said.
Gift Cards or Cash
Consumers may receive a $5 or $15 gift card or up to $500 in cash, depending on each individual case. The gift cards cannot be used for tobacco products.
Consumers who used a credit or debit card for purchases at Wawa between March 4, 2019, and Dec. 12, 2019, who did not suffer a loss from the data breach but spent time monitoring their payment card accounts can receive a $5 Wawa gift card.
Those who provide reasonable proof of attempted or actual fraud and spent some time monitoring their accounts may be eligible for the $15 gift card and those who provide reasonable documentary proof that they lost money because of the breach could receive the $500 cash payment.
The settlement also requires Wawa to implement and continue to maintain significant enhancements to its data security measures. Wawa must spend at least $35 million to upgrade its cybersecurity operations.
Wawa said in a statement that it is focused on a timely resolution for Wawa customers who may have been affected by the incident.
“At Wawa, the people who come through our doors every day are not just customers, you are our friends and neighbors, and nothing is more important than honoring and protecting your trust,” the statement continued. “We can assure you that we have continued to and will work diligently to protect your information and enhance our cybersecurity resiliency.”