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Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Noodles & Company announced a payment-card data security incident on June 28, 2016. The company said malware may have compromised some debit and credit card details used at certain restaurants from January 31 through June 2, 2016. The notice did not say every location or guest was affected, and it did not provide a count of affected people.
What happened?
Noodles & Company said its card processor reported unusual activity, prompting an investigation that began May 17, 2016. The company said it found suspicious activity on its systems on June 2. It worked with third-party forensic investigators and the U.S. Secret Service. Its June 28, 2016 notice said payment information on some cards used at certain restaurants between January 31 and June 2 may have been compromised.
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The California Attorney General’s breach-notice listing records January 31 and June 2, 2016, as the incident dates and June 28, 2016, as the reported date. The state explains that its database includes sample notices submitted under California requirements; the listing is not an estimate of how many guests were affected. The company notice and the California Attorney General’s database do not establish an affected-customer count.
What information was involved?
The company said information at risk included the cardholder’s name, card number, expiration date, and CVV. It said online debit and credit card transactions at noodles.com were not involved and that it did not collect guests’ Social Security numbers. The notice concerns some cards used at certain locations—not all cards, guests, or restaurants.
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What did the company do?
Noodles & Company said it removed the malware and that cards used at affected locations were no longer at risk from that malware. It said guests could safely use cards at its locations after the containment steps. These are statements in the company’s 2016 notice, not a current security audit.
Then-CEO Kevin Reddy said, “Noodles & Company takes the security of our guests’ information extremely seriously, and we apologize for the inconvenience this incident has caused our guests.” He also said the company continued to work with forensic investigators and law enforcement “to ensure the security of our systems on behalf of our guests.”
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What should a potentially affected cardholder do?
The company’s notice advised guests to check account statements and credit reports, report unauthorized charges promptly to the card issuer, and consider a free fraud alert through a credit bureau. These are different steps: the issuer handles the payment-card account and disputed charges, while a fraud alert is placed on a credit file to help warn prospective creditors.
- Review card activity. Check statements and transactions for unfamiliar charges. Contact the issuer promptly about any unauthorized transaction and follow its instructions.
- Check credit reports. The notice pointed readers to AnnualCreditReport.com for free credit reports.
- Consider a fraud alert. The notice described this as a no-charge option and said an alert may delay new credit while a bureau verifies identity.
- Use current official guidance for identity theft. The notice also directed readers to the Federal Trade Commission and state attorneys general. Because the incident and notice date to 2016, do not assume the notice’s old assistance-line schedule or incident webpage is still active.
What did later filings say about financial and legal outcomes?
Noodles & Company’s 2016 Form 10-K said it recorded a $10.6 million charge in the fourth quarter of 2016 for estimated payment-card-company losses, including claims and anticipated claims. At that reporting date, the company said liabilities could ultimately be up to $5.5 million greater. These were company estimates concerning card-company liabilities—not a definitive total loss or a consumer compensation figure.
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In its quarterly filing for the quarter ended October 3, 2017, the company said a district court granted a motion to dismiss the Selco Community Credit Union litigation on July 21, 2017, and an appeal was filed August 15. The filing further said mediation on November 2 resulted in a settlement funded entirely by insurance proceeds that would resolve the litigation. That account does not establish that individual guests received payments.
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