A magistrate judge in the Wendy’s data breach lawsuit has recommended denying the restaurant chain’s motion to dismiss, according to an interim ruling released this week. CUNA urged the court to reject the motion to dismiss in a brief filed in September with the U.S. District Court for the Western District of Pennsylvania.
In July, CUNA joined a lawsuit against Wendy’s, a class action lawsuit brought against the company alleging Wendy’s failed to comply with industry standards to protect payment card and customer data. The Ohio-based Wendy’s first reported a suspected breach in February 2016, as it discovered unauthorized software in its payment processing computers, affecting as many as 6,000 locations.
The federal judge presiding over the case referred Wendy’s motion to dismiss to a magistrate judge, who has now recommended denying the motion.
The recommendation is merely advisory, and the motion to dismiss has not yet officially been denied. However, generally federal judges adopt such recommendations.