Arby’s Class Action Lawsuit Filed Over Data Breach

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A Connecticut couple has filed a class action lawsuit over an Arby’s data breach that allegedly exposed the credit card information of thousands of customers.

Plaintiffs Jacqueline and Joseph Weiss say their sensitive credit card information was exposed after hackers got into Arby’s point-of-sale computer system.

The plaintiffs blame the breach on defendant Arby’s Restaurant Group Inc., accusing the company of failing to properly secure its customers’ credit and debit card information.

According to the Weisses, the Arby’s data breach began in October 2016 when hackers installed malware on the Aloha POS computer system used at nearly 1,000 Arby’s corporate-owned restaurants.

Not only did Arby’s fail to prevent the breach, the plaintiffs say the company also failed to detect it. The Arby’s data breach went on for almost three months before Arby’s was finally alerted to its existence by outside businesses.

By that time, the hackers had accessed information of at least 355,000 credit and debit cards belonging to Arby’s customers, the plaintiffs say.

The Weisses claim that in November 2016 they made a credit card purchase at an Arby’s in Newington, Conn. The next month, they discovered thousands of dollars in unauthorized charges on that credit card.

The couple says they were forced to cancel that credit card and resolve the unauthorized charges with their credit card company. They had to use alternative payment methods while they waited on a replacement card, missing out on card benefits like cash rebates and rewards points, the lawsuit states.

Arby’s has since confirmed that the location where the Weisses made their purchase was affected by the Arby’s data breach, the plaintiffs say.

The plaintiffs claim Arby’s failed to properly secure customer data, even though the company was well aware that hackers had been targeting the point-of-sale payment systems at nationwide retailers.

Other restaurant chains like Wendy’s, Dairy Queen and P.F. Chang’s have all been hit by data breaches in recent years. Each of these chains used the same Aloha POS computer system that was attacked in the Arby’s data breach, according to the plaintiffs.

In addition to this new claim from the Weisses, Arby’s also faces several other class action lawsuits from various financial institutions who claim they suffered losses because of the Arby’s data breach.

The Weisses seek to represent a plaintiff Class consisting of all persons in the U.S. who between Oct. 20, 2016 and Jan. 12, 2017 made a credit or debit card purchase at any location affected by the Arby’s data breach.

They are asking the court to order Arby’s to implement new and specific security measures designed to ensure the protection of the plaintiffs’ and Class Members’ credit and debit card information. They also seek an award of damages, restitution and disgorgement, plus an award of attorneys’ fees and costs of litigation.

The plaintiffs are represented by attorneys James M. Evangelista and David J. Worley of Evangelista Worley LLC, Stuart J. Guber and Timothy J. Peter of Faruqi & Faruqi LLP and Robert W. Killorin.

The Arby’s Data Breach Class Action Lawsuit is Jacqueline Weiss and Joseph Weiss v. Arby’s Restaurant Group Inc., Case No. 1:17-cv-01035, in the U.S. District Court for the Northern District of Georgia.

UPDATE: January 2019, the Arby’s data breach class action settlement is now open. Click here to file a claim.

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