UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

If your financial institution issued one or more payment cards identified as having been at risk as a result of the Data Security Incident that Wawa, Inc. announced on December 19, 2019, your financial institution could get a payment from a class action settlement.

A settlement has been reached to resolve class action lawsuits against Wawa, Inc. (“Wawa”) brought by financial institutions as a result of a data security incident Wawa announced on December 19, 2019, which affected approximately 30 million payment cards (the “Data Security Incident”).

In the lawsuits collectively referred to as the “Financial Institution Track” of In re Wawa, Inc. Data Security Litigation, Case No. 2:19-cv-06019 (E.D. Pa.), certain financial institutions (the “Financial Institution Plaintiffs”) asserted claims on behalf of a class of financial institutions related to the Data Security Incident.  These claims included alleged negligence, negligence per se, and injunctive and declaratory relief.  Wawa denies these allegations, any wrongdoing, and any liability to the class of financial institutions.

Under the Settlement, Wawa will make available, on a claims-made basis, up to $28.5 million to Settlement Class Members who timely submit valid claims. Three types of claims may be made: Cancellation and Replacement Claims (“Tier 1”); Fraud Related Claims (“Tier 2”), and Other Costs – Alternative Claims (“Tier 3”). A Settlement Class Member may make claims under (i) either or both Tier 1 and Tier 2, or (ii) Tier 3. The different types of claims are explained in the Notice.

In addition, Wawa has agreed to pay separately up to $9 million (the “Fees & Costs Fund”) to cover the costs of Notice, settlement administration, and the Court-approved amounts of attorneys’ fees and expense reimbursements. From the same amount, and if approved by the Court, Wawa will pay Service Awards of up to $10,000 to each Settlement Class Representative.