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Wawa Data Breach Class Action

CASE NUMBER: 19-cv-6019
CASE STATUS: Pending
COURT: U.S. District Court for the Eastern District of Pennsylvania
CLASS PERIOD START DATE: March 4, 2019
CLASS PERIOD END DATE: December 12, 2019

Berger Montague PC serves as Co-Lead Counsel in a large data breach class action brought by a class of consumers against Wawa, Inc. The case caption is In re Wawa, Inc. Data Security Litigation, No. 19-cv-6019 (E.D. Pa.).

The case arises from the theft by a computer hacker of tens of millions of credit and debit card numbers from Wawa, a popular chain of convenience stores and gas stations located in Pennsylvania, New Jersey, Delaware, Maryland, Virginia, Washington, D.C., and Florida.  The breach involves payment cards used at Wawa from March 4, 2019 to December 12, 2019.

On December 19, 2019, Wawa publicly announced the data breach, stating the following on its website:

Based on our investigation to date, this malware [on our server] affected payment card information, including credit and debit card numbers, expiration dates, and cardholder names on payment cards used at potentially all Wawa in-store payment terminals and fuel dispensers beginning at different points in time after March 4, 2019 and ending on December 12, 2019. Most locations were affected as of April 22, 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.”

As a result of the breach, many consumers have begun to experience fraudulent purchases on their credit and debit cards. Some consumers have also incurred out-of-pocket costs for purchasing credit monitoring services, credit freezes, credit reports, or other protective measures. Consumers have also spent time disputing fraudulent charges, obtaining replacement credit cards, and closely monitoring their bank accounts for fraudulent activity.

About the Litigation

More than 20 class actions were filed by consumers against Wawa as a result of the data breach. The cases have been consolidated in federal court in the Eastern District of Pennsylvania before the Honorable Gene E.K. Pratter.

On June 12, 2020, Judge Pratter appointed four attorneys to serve as Co-Lead Counsel for the consumer class: (i) Sherrie R. Savett of Berger Montague PC; (ii) Roberta D. Liebenberg of Fine, Kaplan and Black, R.P.C.; (iii) Benjamin F. Johns of Chimicles Schwartz Kriner & Donaldson-Smith LLP; and (iv) Linda Nussbaum of Nussbaum Law Group, P.C.

The litigation is ongoing. A copy of the operative Complaint is available here.

The lawsuit seeks remedies including compensation for out-of-pocket losses and time spent responding to the breach, and improvements to Wawa’s data security procedures.

About Berger Montague

Berger Montague is one of the largest class action law firms in the U.S. The firm has more than 60 attorneys and an experienced team of paralegals and support staff. Berger Montague has been a leader in the class action field for more than 50 years.

The firm has a long track record of successfully litigating data breach class actions. Information about our data breach practice area is available here.

Lead Attorneys

Sherrie Savett Headshot

Sherrie R. Savett

Chair Emeritus & Managing Shareholder
Jon Lambiras Headshot

Jon J. Lambiras

Shareholder

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