A data breach case brought by several banks and federal credit unions against fast food chain Wendy’s should proceed under the standards of Ohio law, a federal judge has recommended.

U.S. Chief Magistrate Judge Maureen P. Kelly of the Western District of Pennsylvania recommended that Ohio law govern the plaintiffs’ claims of negligence per se but not the claims alleging violations of the Ohio Deceptive Trade Practices Act (ODTPA) as it applies to those plaintiffs not from Ohio.