Frequently Asked Questions

  1. What financial benefits are available to class members?
  2. What data security improvements has Wawa agreed to implement?
  3. How does the Wawa Gift Card work?
  4. How do I get my Gift Card or cash compensation?
  5. When will I receive my payment?
  6. What am I giving up to stay in the Settlement Class?
  7. How do I exclude myself from the Settlement Class?
  8. Do I have a lawyer in this case?
  9. How will the lawyers be paid?
  10. How do I tell the Court that I do not like the Settlement?
  11. What is the difference between objecting and asking to be excluded?
  12. When and where will the Court decide whether to approve the Settlement?
  13. Do I have to attend the hearing?
  14. What happens if I do nothing?
  15. How do I get more information?
  1. What financial benefits are available to class members?

    Class Members who submit valid and timely claims will be entitled to either a Wawa Gift Card or cash reimbursement of actual out-of-pocket expenses and losses.

    There are three Tiers of compensation. You are entitled to compensation in only a single Tier and will be required to select the appropriate Tier when you submit a claim. You are only entitled to one payment, regardless of how many credit or debit cards you used at Wawa during the Period of the Security Incident or how many times you used your card at Wawa. In order to claim a payment, you must provide related documentation with your appropriate Tier Claim Form as set forth below.


    TIER ONE

    Class Members who made a credit or debit card purchase at any Wawa convenience store or fuel pump between March 4, 2019 and December 12, 2019 but experienced no actual or attempted fraudulent charge on their credit or debit card and must:

    (a) provide reasonable proof of such a purchase; and

    (b) attest that they spent some amount of time after March 4, 2019 monitoring their accounts as a result of the Data Security Incident.

    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 One claimants will be entitled to a $5 Wawa Gift Card. Total Tier One compensation is subject to a $6 million ceiling and $1 million floor. That means that if the total value of all of the Gift Cards in Tier One would be more than $6 million, each gift card will be reduced on a pro rata basis so that the total value distributed is $6 million. If the total value of all of the Gift Cards in Tier One would be less than $1 million, the value of each Gift Card will be increased on a pro rata basis until the total value distributed is $1 million.


    TIER TWO

    Class Members who experienced an actual or attempted fraudulent transaction after March 4, 2019 on a credit or debit card they used at a Wawa convenience store or fuel pump during the Period of the Security Incident but have no out-of-pocket damages in connection with that actual or attempted fraudulent transaction are entitled to a Tier Two payment. Tier Two claimants must:

    (a) provide reasonable proof of a credit or debit card purchase at Wawa between March 4, 2019 and December 12, 2019;

    (b) provide reasonable proof of an actual or attempted fraudulent transaction on the card that occurred after that purchase; and

    (c) attest that they spent some amount of time after March 4, 2019 to monitor their accounts or otherwise deal with the fraudulent transaction.


    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.

    Reasonable proof may include proof of reversal of the fraudulent charge.

    Tier Two claimants will be entitled to a $15 Wawa Gift Card. Total Tier Two compensation is subject to a $2 million ceiling and no floor. That means that if the total value of all of the Gift Cards in Tier Two exceeds $2 million, each gift card will be reduced in value on a pro rata basis until the total value distributed is $2 million.


    TIER THREE

    Class Members who experienced an actual or attempted fraudulent transaction on their credit or debit card and have actual out-of-pocket losses in connection with such actual or attempted fraudulent transaction reasonably attributable to the Data Security Incident are entitled to a Tier Three payment. Tier Three claimants must provide:

    (a) reasonable proof of a credit or debit card purchase at Wawa between March 4, 2019 and December 12, 2019;

    (b) reasonable proof of an actual or attempted fraudulent transaction on the same card after the Wawa purchase, or a reversal of a fraudulent transaction that occurred after the date of purchase; and

    (c) reasonable proof of the resulting actual out-of-pocket expense(s) or loss.

     
    Actual out-of-pocket expenses and losses may include, but are not limited to:
    Unreimbursed fraud charges;
    Bank fees;
    Replacement card fees;
    Late fees from transactions with third parties that were delayed due to fraud or card replacements;
    Credit freeze fees;
    Parking expenses or transportation expenses for trips to a financial institution to address fraudulent charges or receive a replacement card; or
    Other expenses reasonably attributable to the Data Security Incident.

    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.


    Acceptable forms of proof of a Wawa purchase and an actual or attempted fraudulent transaction are described in Tier One and Tier Two above.


    Tier Three claimants will be entitled to a cash payment (not a Wawa Gift Card) equal to their out-of-pocket expenses or losses up to $500. Tier Three compensation is subject to a $1 million ceiling and no floor. That means that if the aggregate value of valid claims exceeds $1 million, the amount of individual distributions will be reduced on a pro rata basis.


    Each Class Member is only entitled to make one claim, regardless of how many debit or credit cards they used at Wawa during the Period of the Security Incident and regardless of how many times they used the card at Wawa. Class Members are not entitled to more than one form of recovery.


    Any information that you provide as part of this settlement - including your name, e-mail address, mailing address, or any other contact information - will not be used by Wawa or any third party for any marketing purpose, or for any other reason that is unrelated to the administration of this settlement.

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  2. What data security improvements has Wawa agreed to implement?

    For a period of two years after the Settlement is approved by the Court, Wawa agrees to an injunction which requires it to: (a) retain a qualified security assessor on an annual basis to assess compliance with payment card industry requirements and issue a Report on Compliance evidencing compliance with all requirements; (b) conduct annual penetration testing and remediate critical vulnerabilities or implement compensating controls; (c) encrypt payment card information and comply with EMV security procedures at point of sale terminals in Wawa stores; (d) implement EMV security procedures at Wawa fuel pumps; and (e) maintain written information security programs, policies, and procedures. These enhancements, along with other enhancements made prior to the settlement and attributed in part to this litigation, are valued at no less than $35 million. Class Members do not need to submit a claim form in order to receive this benefit under the settlement. 

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  3. How does the Wawa Gift Card work?

    Wawa will email electronic Wawa Gift Cards to Class Members at the email address provided in the Claim Form for members of Tier One and Tier Two. If Class Members do not have an email account of their own, they can provide an alternative email account of a friend or family member who can receive the electronic Gift Card on that Class Member’s behalf. The Gift Card will be in electronic form and can either be scanned in-store directly from a Class Member’s smartphone or may be printed out and scanned in hard copy. The Gift Cards shall be fully transferable, shall not expire in less than one year, and shall be usable toward the purchase of any item (including fuel paid for inside the store) sold at Wawa stores or fuel pumps, other than cigarettes and other tobacco or nicotine products. The Wawa Gift Cards may be used multiple times if the initial transaction is less than their full face value. 

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  4. How do I get my Gift Card or cash compensation?

    To receive a Gift Card or cash payment, you must complete and submit the appropriate Tier Claim Form with supporting documentation. Claim Forms are available on this website, by clicking on "File Claim" in the top-right corner of this screen, or you may have one mailed to you by calling 1-866-817-4934, or you can fill out a blank Claim Form, print and mail it to the address below. Claim Forms will also be accessible by scanning a QR code at all Wawa locations between August 30, 2021 and September 27, 2021, which will link to the Settlement Website containing hyperlinks to the Claim Forms. Read the instructions carefully, fill out the Claim Form, and submit it online by November 29, 2021 or print it out and mail it postmarked no later than November 29, 2021 to:


    Wawa Consumer Data Settlement
    P.O. Box 43502
    Providence, RI 02940-3502

     

    Most card-issuing banks provide cardholders with access to bank statements and account activity for previous years. To access your old transactions, log in to your online bank account. If a word-search feature is available, you may run word searches to locate specific transactions. For example, you can search for “Wawa” to locate purchases at Wawa. Depending on your bank, you may also sort your activity by disputed or reversed transactions to locate reversals of fraudulent transactions. Alternatively, you can download PDF versions of historical bank statements through your online account and perform electronic searches to check for relevant transactions. You can also call your bank to request that hardcopies of old bank statements be mailed to you. If you have questions about this process, you may call Class Counsel at 610-642-5708 for more information.  

    Claim forms and supporting documentation can also be emailed to info@WAWAConsumerDataSettlement.com.

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  5. When will I receive my payment?

    If you submit a complete, valid, and timely Claim Form, your Gift Card or cash payment will be sent to you after the Court grants final approval of the Settlement and any appeals have been exhausted. Please be patient as this process may take some time.  Neither Wawa, the Claims Administrator, nor Class Counsel has control over how long it may take to receive your Gift Card or cash payment.  The Claims Administrator may require additional information from any claimant if the original claim submission is deficient.

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  6. What am I giving up to stay in the Settlement Class?

    Unless you exclude yourself from the Settlement, you cannot sue Wawa for the Data Security Incident resolved by this Settlement. The specific claims you are giving up against Wawa are described in Section XIII of the Settlement Agreement. You will be “releasing” Wawa and all related people or entities as described in Section XIII of the Settlement Agreement. The Settlement Agreement is available at www.WawaConsumerDataSettlement.com.
    The Settlement Agreement describes the released claims very specifically, so please read it carefully. If you have any questions, you can contact the law firms listed in Question 7 for free or you can consult your own lawyer at your own expense if you have questions about what the release means.

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  7. How do I exclude myself from the Settlement Class?

    To exclude yourself, you must send a letter by U.S. Mail saying you wish to do so. Your “Request for Exclusion” must include:
    The name of this lawsuit (In re Wawa, Inc. Data Security Litigation (“Consumer Track”), No. 19-cv-6019-GEKP (E.D. Pa.));
    Your name and address;
    A statement requesting exclusion from the Class; and
    Your signature
    You must mail your Exclusion Request postmarked by November 12, 2021, to:


    Wawa Settlement Exclusions
    P.O. Box 43502
    Providence, RI 02940-3502

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  8. Do I have a lawyer in this case?

    Yes.  The Court appointed the following lawyers as “Class Counsel”: Sherrie R. Savett of Berger Montague, PC, 1818 Market Street, Suite 3600, Philadelphia, PA 19103; Benjamin F. Johns of Chimicles Schwartz Kriner & Donaldson-Smith LLP, 361 W. Lancaster Avenue, Haverford, PA 19041; Roberta D. Liebenberg of Fine, Kaplan and Black, R.P.C., One South Broad Street, 23rd Floor, Philadelphia, PA 19107; and Linda P. Nussbaum of Nussbaum Law Group, P.C., 1211 Avenue of the Americas, 40th Floor, New York, NY 10036.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

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  9. How will the lawyers be paid?

    Class Counsel will ask the Court to award $3.2 million for attorneys’ fees, litigation costs, and the cost of the third-party Claims Administrator. The attorneys’ fees will compensate Class Counsel for their role in obtaining both the monetary relief and improvements in Wawa’s data security practices.  Class Counsel will also ask the Court to approve a $1,000 service award for each of the 14 Class Representatives for their efforts in litigating this case on behalf of the Settlement Class. One of these Class Representatives was a plaintiff in a related case in New Jersey state court, which is included in this settlement. Any amount that the Court awards for these collective items will be paid directly by Wawa, and will not reduce the amount made available to compensate Class Members.

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  10. How do I tell the Court that I do not like the Settlement?

    You can object to the Settlement if you do not like it or some part of it and think that it should not be approved.  The Court will consider your views.  To do so, you must submit your written objection to the Clerk of Court and the Claims Administrator at the addresses below.  

    Your objection must include the following:

     

    The name of the lawsuit (In re Wawa, Inc. Data Security Litigation (“Consumer Track”), No. 19-cv-6019-GEKP (E.D. Pa.));
    Your full name, address, telephone number, e-mail address (if any), and signature;
    Information confirming that you are a member of the Settlement Class (for example, proof of a credit or debit card purchase at a Wawa store or fuel pump during the Period of the Security Incident);
    The specific reasons for your objection;
    A statement as to whether your objection only applies to you, or to a specific subset of the class, or applies to the entire class;
    The names and addresses of all lawyers representing you in connection with the objection (if any);
    A statement as to whether you and/or your lawyer intend to appear at the Fairness Hearing; and
    A list, by case name, court, and docket number, of all other cases in which you and/or your lawyer(s) have filed an objection to any proposed class action settlement within the last five (5) years.
    You may (but are not required to) include copies of any documents you wish to submit in support of your position, and any legal support for your objection that you believe is applicable.
    You must mail the objection to both the Court and the Settlement Administrator at the following addresses, and it must be postmarked no later than November 12, 2021:

     

    THE COURT SETTLEMENT ADMINISTRATOR
    Office of the Clerk  
    United States District Court for the Eastern District of Pennsylvania Wawa Settlement Objections
    U.S. Courthouse P.O. Box 43502
    601 Market Street, Room 2609 Providence, RI 02940-3502
    Philadelphia, PA 19106  

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  11. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court you do not like the Settlement and why you think it, or parts of it, should not be approved. You can object only if you do not exclude yourself from the Class.  Excluding yourself is telling the Court that you do not want to be part of the Class.  If you exclude yourself, you have no basis to object because the case no longer affects you.

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  12. When and where will the Court decide whether to approve the Settlement?

    The Judge presiding over this matter, the Hon. Gene E.K. Pratter, will hold a Fairness Hearing at 10:00 a.m. on January 26, 2022, at the United States District Court for the Eastern District of Pennsylvania, located at the James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106, Courtroom 10613.  The hearing may be moved to a different date or time without additional notice, so it is a good idea to check www.WawaConsumerDataSettlement.com or call 1--866817-4934 for any updates about the hearing. The Court may also allow participation at this hearing via video or phone in light of the COVID-19 pandemic.  At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider how much Class Counsel will receive in attorneys’ fees and expense reimbursement, payment for settlement administration costs, and the request for service awards for the Class Representatives. If there are timely objections, the Court will consider them. The Court may listen to people who have asked to speak at the hearing (see Question 10).  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long these decisions will take.

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  13. Do I have to attend the hearing?

    No. Class Counsel will answer any questions the Court may have. You or your own lawyer are welcome to attend at your expense. If you send an objection, you do not have to come to the Court to talk about it. As long as you submitted your written objection on time and mailed it according to the instructions provided in Question 10, the Court will consider it.


    If you want to speak at the Fairness Hearing, you must file an objection according to the instructions in Question 10.

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  14. What happens if I do nothing?

    If you do nothing, you will get no compensation from this Settlement and, if the Settlement is approved and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Wawa concerning the Data Security Incident.

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  15. How do I get more information?

    You may send questions to Wawa Consumer Data Settlement, P.O. Box 43502, Providence, RI 02940-3502. You can also get a Claim Form on this website, by clicking "File Claim" located at the top-right corner of this screen, by scanning the appropriate QR code at a Wawa location which links directly to the Settlement Website, or by calling the toll-free number, 1 (866) 817-4934.

    For further information, please call: (610) 642-5708.


    Please do not contact the Court or Wawa with questions about the Settlement. Visit the website or call the number listed above.

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