Claim notices were mailed to known affected institutions but any institution who had affected cards may file a claim until September 30th. Valid claims will be paid based on the total number of cards alerted for this breach.
On February 26th the U.S. District Court for the Western District of Pennsylvania granted preliminary approval of a proposed settlement in First Choice Federal Credit Union v. The Wendy's Company, a data breach lawsuit brought by CUNA, leagues and credit unions affected by the 2016 breach.
A final approval hearing will take place November 6th.
Under the terms of the settlement:
- Wendy's will pay $50m into a fund to compensate financial institutions that issued payment cards that were alerted on cards in connection with the data breach;
- Wendy’s will adopt and/or maintain certain data security measures; and
- Financial institutions will be able to file claims for reimbursement without requiring supporting documentation.
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