$8 Million Multistate Settlement Resolves 2019 Waa Data Breach Investigation

Kirk Nahra and Amy Gopinathan of Wilmer Hale write:

State Attorneys General settle with Wawa, Inc. for 2019 data breach that compromised approximately 34 million payment cards used by consumers.

On July 26, 2022, Acting New Jersey Attorney General Matthew J. Platkin announced that New Jersey is co-leading an $8 million multistate settlement with Wawa, Inc. (Wawa) that resolves a data breach that occurred from April 18, 2019 to December 12, 2019 and affected stores in New Jersey, Pennsylvania, Florida, Delaware, Maryland, Virginia and Washington DC. The data breach was the result of malware that was used by hackers to harvest Wawa customers’ card numbers, expiration dates, cardholder names and other sensitive payment card data (though cards using chip technology were not compromised).


The Attorneys General found that potentially 34 million payment cards were compromised in the breach. The Assurance of Voluntary Compliance (AVC) sets forth additional findings, including (i) that upon investigation, the Payment Card Industry forensic investigator (PFI) found three violations of the Payment Card Industry Data Security Standard (PCI DSS);  (ii) that Wawa’s Information Security team did not generate a log during the time period and is unable to produce a log for any alerts from its security information events management system prior to November 2019; and (iii) that Wawa failed to employ reasonable data security measures, thus violating the various states’ consumer protection acts and personal information protection acts. Wawa does not admit, agree with or concede any of the aforementioned findings.

Read more at WilmerHale.


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