To exclude your financial institution from the Settlement, or “opt out,” you must send a letter by U.S. Mail that includes the information in the bullet points below. If you fail to include this information, the notice of exclusion will be ineffective and the Settlement Class Member will be bound by the Settlement, including all releases.

  • The name of this Litigation (First Choice Federal Credit Union v. The Wendy’s Company, Case No. 2:16-cv-00506-NBF-MPK (W.D. Pa.));
  • Your financial institution’s full name, address, and phone number;
  • The words “Request for Exclusion” at the top of the document or a statement in the body of the document requesting exclusion from the Settlement Class;
  • The name, address, email address, telephone number, position, and signature of the individual who is acting on behalf of the Settlement Class Member; and
  • The total number of payment cards issued by your financial institution that were identified as having been at risk as a result of the Data Breach in any alerts (or similar documents) by Visa, MasterCard, Discover, American Express, and JCB.

You must mail via first class postage prepaid United States mail the completed above-described letter, postmarked no later than May 28, 2019, to each of the following addresses:

Settlement Administrator

Wendy’s Data Breach Settlement
c/o Analytics Consulting LLC
P.O. Box 2005
Chanhassen, MN 55317-2005

Settlement Class Counsel

Erin Green Comite
156 South Main Street
P.O. Box 192
Colchester, CT 06415

Defense Counsel

Kristine M. Brown
Donald M. Houser
1201 West Peachtree Street
Atlanta, GA 30309

If you ask to be excluded, your financial institution will not get any payment as part of this Settlement, and you cannot object to this Settlement.  Your financial institution will not be legally bound by anything that happens in the Settlement and related proceedings.  Your financial institution may be able to sue (or continue to sue) Wendy’s and its franchisees in the future.  If you object to the Settlement and seek to exclude your financial institution, you will be deemed to have excluded your financial institution.