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Two people who say they were victims of fraudulent credit and debit card charges following a Zippy’s Restaurants data breach have filed a class-action lawsuit against the Hawaii restaurant chain.
Oahu resident Joshua Bokelman says in the lawsuit that he uses his debit card nearly exclusively at Zippy’s Express in the Waimalu Shopping Center. He says he has incurred more than $300 in fraudulent debit card charges since the breach.
Suchandra Thapa of Illinois says he used his credit card at Zippy’s McCully on Feb. 4 and incurred fraudulent charges 17 days later.
Zippy’s alerted its customers April 27 that it experienced a data breach at all of its 25 restaurant, Napoleon’s Bakery, Kahala Sushi and Pearl City Sushi locations. The company said the breach period was Nov. 23 to March 29. It also said cards used to buy drinks at Pomaikai Ballrooms also may have been affected by the breach.
Lawyers who specialize in class-action petitions filed a lawsuit on behalf of Bokelman and Thapa in U.S. District Court on Friday with the hope of representing others who are victims of the breach. The lawsuit names as the defendant FCH Enterprises Inc., owner of Zippy’s Restaurants.
The lawsuit faults Zippy’s for waiting more than a month after learning March 9 that its credit and debit card processing system may have been compromised before informing customers.
FCH Vice President of Marketing and Communications Kevin Yim said the company doesn’t comment on pending litigation and has yet to receive the lawsuit from the plaintiffs. Yim said, however, that the company is working with the state Office of Consumer Protection, which is investigating the data breach.
HAWAII ISLAND
Police cite driver inattention in crash that killed 2 visitors
Two women died in a two-vehicle crash Friday afternoon on Palani Road near the intersection of Laimana Street in Kona, according to Hawaii island police.
They have been identified as Takako Oikawa, 70, of Kanagawa, Japan, and Michiko Ono, 69, of Tokyo.
Police responded to a 4:33 p.m. call Friday and determined that a 2016 Nissan sedan driven by a 69-year-old man from Japan traveling west on Palani Road crossed over the centerline and collided head-on with a 2018 GMC pickup truck operated by a 32-year-old Kailua-Kona man.
During the collision, Oikawa and Ono sustained critical injuries. They were both transported to Kona Community Hospital, where Ono was pronounced dead at 5:55 p.m. and Oikawa was pronounced dead at 7:55 p.m. Friday.
The driver and one male passenger of the Nissan sedan were also transported to Kona Community Hospital, where they remain in serious condition. The driver of the GMC pickup truck was transported to Kona Community Hospital, where he remains in guarded condition.
Police think that inattention was a factor in the crash but do not yet know whether alcohol was a factor. Autopsies have been ordered to determine the exact causes of death.
The Traffic Enforcement Unit has initiated negligent homicide investigations and is asking for witnesses to the accident to contact Officer Justin Hooser at 326-4646, ext. 229. Anonymous tips can be submitted to CrimeStoppers at 961-8300 in Hilo.
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