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A new class action suit over the Wendy's fast-food restaurant breach – this one filed by a credit union – says the chain could have avoided the incident if it had responded faster to signs of trouble.

In the filing, plaintiff First Choice Federal Credit Union charges that the Wendy's chain "refused to take steps to adequately protect its computer systems from intrusion." The suit was reported this week by the online Court House News service.

First Choice Federal Credit Union is among the institutions that have also sued Target Corp. and Home Depot over their data breaches in 2013 and 2014.

Wendy's has reported previously that it discovered the presence of malware in its systems. The suit filed this week cites exposure of credit card data from Oct. 22, 2015, through March 10, 2016.

KrebsonSecurity.com reported this January that a breach was suspected. NAFCU continues to call for lawmakers to enact legislation such as H.R. 2205, the "Data Security Act of 2015," which would set national data security standards and hold merchants accountable for breaches of consumers' sensitive and personally identifiable data on their end.