Rutter’s Class Action Alleges Credit Card Data Breach

Customers of Rutter’s gas stations and convenience stores have filed a class action lawsuit saying that the chain did not do enough to protect customers’ personal information in the wake of a data breach that began in August 2018.

The Rutter’s data breach class action lawsuit was filed by Lloyd Collins, a Pennsylvania resident who seeks damages on behalf of himself and all other similarly affected customers.

Collins says that he used his debit card multiple times to make purchases at the Rutter’s location near his home. He claims that between September and December 2018, he made around six purchases. 

The Rutter’s class action lawsuit argues that Collins’ personal information was exposed in the data breach that began in August 2018 and afflicted Rutter’s for around nine months. Allegedly, $2,477 worth of charges from United Airlines were put on Collins’ card after his information was exposed in the data breach. 

Though the money was refunded to him, the gas station data breach class action lawsuit says that Collins had to go several days without the money until it was refunded. Collins was reportedly inconvenienced by having to take steps to retrieve the money and recover from the data breach. 

Collins argues that Rutter’s did not sufficiently protect customers from the attack, and should have responded better in its wake. 

The Rutter’s class action lawsuit claims that the data breach was discovered in January by a third party and that Rutter’s itself did not discover the breach. In February, Rutter’s allegedly notified the public about the data breach and provided customers with advice on how to proceed.

However, Collins says that the advice from Rutter’s merely instructed customers to review their payment card statement for unauthorized activity, because card information is a “valuable commodity” to identify thieves as it has economic value.

According to an ABC news source, John Sancenito, president of Information Network Associates, an expert in the field of recovering after data breaches, advised customers affected by the Rutter’s data breach to take more drastic action. He said that those who believed that their information was exposed after using a credit card at Rutter’s should immediately cancel the credit card.

Sancenito said, “if you use your debit card, go to your bank and get a new debit card, and you might want to also start thinking about changing any pin numbers or passwords.”

According to Collins, Rutter’s knew that the data breach put customers at risk for identity theft and fraud, but did not properly inform them about how to best protect themselves. Allegedly, because of the chain’s insufficient response, customers incurred real financial damage. 

The Rutter’s class action claims that these damages included out-of-pocket costs for credit monitoring services, credit freezes, and credit reports.

Additionally, the Rutter’s class action lawsuit says that many customers also had to take significant time to replace cards, change pins, and take other action to protect themselves from harm. 

Have you been the victim of a data breach? Share your experiences in the comment section below.

Collins is represented by Benjamin Johns and Mark DeSanto of Chimicles Schwartz Kriner & Donaldson-Smith LLP, Cornelius Dukelow of Abington Cole & Ellery, and Tina Wilfson of Adhoot & Wolfson PC.

The Rutter’s Gas Station Data Breach Class Action Lawsuit is Collins v. Rutter’s Inc., Case No. 1:20-cv-00382, in the U.S. District Court for the Middle District of Pennsylvania.

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