Wendy's Rips Cert. Bid In Data Breach Suit

Law360, New York (January 17, 2018, 3:59 PM EST) -- Wendy’s said that a push for class certification from customers suing the fast-food chain over a data breach must be denied, telling a Florida federal judge on Tuesday that the proposed class may include individuals who weren’t impacted by the breach.

The chain said that the proposed class is overly broad, as the dates consumers have used to define the class period go beyond the time when the malware that caused the breach was actually present at the franchisee restaurants. The malware was present between Oct. 25, 2015, and Feb. 14, 2016, at several franchise branches, but the proposed class period...

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