Court rejects Wendy’s motion to dismiss data breach suit

June 5, 2017

The U.S. District Court for the Western District of Pennsylvania has denied Wendy's motion to dismiss the lawsuit against them, a class action lawsuit brought against the company alleging Wendy’s failed to comply with industry standards to protect payment card and customer data.  

CUNA joined the lawsuit in July 2016, and urged the court to reject the motion to dismiss in a brief filed in September. CUNA’s brief called the Wendy’s breach “the inevitable result of Wendy’s inadequate data security measures and lackadaisical approach to the security of the payment card data it collected.” 

The Ohio-based Wendy’s first reported a suspected data breach in February 2016, as it discovered unauthorized software in its payment processing computers, affecting as many as 6,000 locations. 

With the motion to dismiss rejected, formal discovery and document exchange is expected to begin soon.