Wawa Data Breach Class Action
(Photo Credit: George Sheldon/Shutterstock)

A $9 million settlement has been reached in a Wawa data breach class action lawsuit, resolving claims surrounding a 2019 security incident that may have compromised consumers’ payment card information.

The Class includes all U.S. residents who used a credit or debit card at a Wawa location at any time between March 4 and Dec. 12, 2019.

The Wawa data breach class action lawsuit had accused the company of not discovering the breach for more than nine months and failing to publicly disclose the breach for more than a week after it was discovered.

The East Coast convenience store chain operated about 850 locations across six states and the District of Columbia as of 2020, according to the Wawa data breach class action lawsuit.

Class Members who submit valid and timely claim forms will be entitled to compensation in the form of gift cards or cash.

Three award tiers have been established:

Tier 1: Class Members who made a credit or debit card purchase at any Wawa convenience store or fuel pump between March 4, and Dec. 12, 2019, but experienced no actual or attempted fraudulent charges on their payment card will be entitled to a $5 Wawa gift card.  These Class Members must provide reasonable proof of purchase and attest that they spent time after March 4, 2019, monitoring their accounts as a result of the data breach. 

Tier 2: Class Members who experienced actual or attempted fraudulent transactions after March 4, 2019, on a credit or debit card they used at a Wawa convenience store or fuel pump during the period the data breach took place but have no out-of-pocket damages in connection with such fraudulent transactions will entitled to a $15 Wawa gift card. These claimants must provide proof of purchase and proof of the fraudulent transaction on the card that occurred after their purchase, and attest that they spent time after March 4, 2019, monitoring their accounts as a result of the data breach. 

Tier 3: Class Members who had an actual or attempted fraudulent transaction on their payment card and have actual out-of-pocket losses in connection with such a fraudulent transaction reasonably attributable to the Wawa data breach will be entitled to a cash payment equal to their out-of-pocket expenses or losses up to a maximum of $500. These claimants also must provide proof of purchase, proof of the actual or attempted fraudulent transaction or a reversal of a fraudulent transaction that occurred after the date of purchase, and proof of the actual out-of-pocket expenses or losses.

Each tier is subject to certain minimum and/or maximum total amounts, and Class Members’ awards may be adjusted up or down depending on the number of claims filed.

Also as part of the Wawa data breach class action settlement, the company has agreed to make certain security changes and enhancements, including retaining a qualified security assessor annually to assess compliance with industry requirements, conducting annual penetration tests, and implementing EVM security procedures at fuel pumps.

These enhancements, along with others, are worth approximately $35 million.

A final hearing in the Wawa data breach class action settlement will be held Jan. 26, 2022.

Those who wish to exclude themselves from or object to the settlement must do so by Nov. 12, 2021.

The deadline to file a claim is Nov. 29, 2021.

Who’s Eligible

The Class includes all U.S. residents who used a credit or debit card at a Wawa location at any time between March 4 and Dec. 12, 2019.

Potential Award

Up to $500

Proof of Purchase

Tier 1
Reasonable proof of purchase may include:
•  A bank statement or credit card statement;
•  A screen shot from a banking or credit card company website or mobile app;
•  A Wawa receipt; or
•  Any other reasonable proof that verifies the date of the transaction and the fact that it was at a Wawa store or fuel pump.

Tier 2:
Reasonable forms of proof of an actual or attempted fraudulent transaction may include:
•  A bank statement or credit card statement;
•  A screen shot from a bank account or credit card account on a website or mobile app;
•  An email or other correspondence with the bank or credit card company;
•  A police report; or
•  Any other reasonable proof.

Tier 3:
Reasonable forms of proof of an out-of-pocket expense may include:
•  A receipt;
•  A bank statement or credit card statement;
•  A screen shot from a bank account or credit card account;
•  An email or other correspondence with a bank, credit card issuer, merchant or vendor;
•  A police report; or
•  Any other reasonable form of proof.

Claim Form

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

11/29/2021

Case Name

In re: Wawa Inc. Data Security Litigation, Case No. 19-6019-GEKP, in the U.S. District Court for the Eastern District of Pennsylvania

Final Hearing

1/26/2022

Settlement Website
Claims Administrator

Wawa, Inc. Data Security Litigation Settlement Administrator
PO Box 43502
Providence, RI 02940-3502
info@WawaConsumerDataSettlement.com
For Further Assistance, Please Call: 610-642-5708
For Notice and Claim Form Requests, Please Call: 866-817-4934

Class Counsel

BERGER MONTAGUE, PC
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
FINE, KAPLAN AND BLACK RPC
NUSSBAUM LAW GROUP PC

Defense Counsel

MORGAN, LEWIS & BOCKIUS LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

5 Comments

  • Karla De Anda September 17, 2021

    I reported to my bank it was around 450, what kind of documents do you need?

  • Soph September 8, 2021

    Why would I give them my banking info?

  • Stephanie Kramer September 5, 2021

    I tried to file a claim but it says page not found. What do I do?

  • J September 3, 2021

    Wawa has fantastic attorneys, 2 yrs ago! Hahaha

  • ReginaCombs August 27, 2021

    I know for a fact I was affected by this because wawas on grant and bluegrass road in Northeast Philadelphia was almost a every day trip for me and my coworker & I use both of my cards Pnc & my Emerald card at that location but what if I don’t have proof of this because it been almost 2 years not

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