Wendy’s Data Breach Class Action Settlement

Consumers affected by a 2016 Wendy’s data breach may be able to collect up to $5,000 in compensation under a recent class action settlement.

Wendy’s has agreed to pay $3.4 million to settle the class action lawsuit against them alleging that they failed to protect consumer information in the data breach.

The Wendy’s class action was originally filed in February 2016 by a plaintiff claiming that the fast food restaurant failed to protect their customers from the data breach.

Plaintiff Jonathan Torres says after using his debit card at a Wendy’s location in Florida, he was contacted by his credit union that his card was used at Best Buy and Sport’s Authority to make close to $600 in purchases.

Torres claims that he had possession of his card at the time but informed the credit union and local law enforcement that someone was making fraudulent purchases using his information.

In February 2016, Wendy’s announced that malware had been discovered on payment systems at certain franchise locations. The malware allegedly compromised personal information such as name, card number, expiration date, security and service codes, and other payment card-related information.

In April 2016, Wendy’s sought dismissal of the class action, arguing that plaintiff claims were based on pure “speculation and innuendo.”

However, the company agreed to settle the case in June 2018.

Documented expense reimbursement up to $5,000 is available for a variety of expenses including costs associated with mitigating identity theft or fraud, preventative costs, late fees, overdraft fees, unauthorized charges, and other losses.

Under documented expense reimbursement, consumers can also seek compensation for up to five hours of documented time spent remedying issues (calculated at a rate of $15 per hour).

If consumers lack documentation, they may be eligible to recover compensation for two hours of undocumented time spent remedying data breach issued (calculated at a rate of $15 per hour) for a total of $30.

Class Members have until Dec. 21, 2018 to either object to the settlement or ask to be excluded from its terms.

Who’s Eligible

Consumers who used a credit, debit, or other payment card at certain Wendy’s restaurants between Oct. 25, 2015 and Jun. 28, 2016 and had their personal information compromised in the data breach.

Potential Award

Up to $5,000 in documented expense reimbursement and undocumented time spent.

Proof of Purchase

Documented expenses and time are required to recover documented expense reimbursement. No documentation is required to recover undocumented time spent.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

3/21/2019

Case Name

Torres, et al. v. Wendy’s International LLC, Case No. 6:16-cv-210-PGB-DCI, in the U.S. District Court for the Middle District of Florida

Final Hearing

2/25/2019

Settlement Website

www.WendysDataBreachSettlement.com 

Claims Administrator

Wendy’s Data Breach Settlement Administrator
C/O KCC Class Action Services
P.O. Box 404000
Louisville KY 40233-4000
1-844-295-9845

Class Counsel

John A. Yanchunis
Patrick A. Barthle
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Jean Sutton Martin
LAW OFFICE OF JEAN SUTTON MARTIN PLLC

Ariana Tadler
Melissa Clark
MILBERG TADLER PHILLIPS GROSSMAN LLP

John Emerson
EMERSON SCOTT LLP

Jeremy Glapion
GLAPION LAW FIRM

Defense Counsel

Kristine M. Brown
Donald M. Houser
ALSTON & BIRD LLP