DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Send in the lawyers (Heartland Payment Systems update)

Posted on January 27, 2009 by Dissent

Over on Computerworld, Jaikumar Vijayan reports that a class action lawsuit has been filed in the Heartland Payment Systems breach:

[…]

A Pennsylvania law firm today filed the first class action lawsuit related to the breach. The lawsuit was filed by Chimicles & Tikellis LLP of Haverford, PA on behalf of Alicia Cooper, a resident of Woodbury, MN, and others who might have been affected by the breach.

The complaint, filed in the U.S. District Court for the District of New Jersey in Trenton, alleges that Cooper, whose card was compromised in the breach, and others, were victims of Heartland’s negligence in protecting card-holder data. The lawsuit, which calls for a jury trial, charged Heartland with breach of contract, breach of implied contract and breach of fiduciary contract for the breach.

Comment: OK, here’s the thing: if the banks reverse the charges so that the individuals have not incurred any actual financial harm, are we back to the situation where courts will throw out the lawsuits because plaintiffs cannot demonstrate “harm?”

Category: Breach IncidentsFinancial SectorHackID TheftMalwareU.S.

Post navigation

← TX: Personal data of about 500 Beaumont workers online
JP: Man breaks into apartment, installs computer virus to steal banking details →

2 thoughts on “Send in the lawyers (Heartland Payment Systems update)”

  1. namorcram says:
    January 28, 2009 at 12:21 pm

    Possibly, unless the mootness doctrine of “capable of repetition, yet evading review” applies.

    “A case that no longer presents a live case or controversy is moot, and a federal court lacks jurisdiction to hear the action. Nevertheless, an exception to the mootness doctrine exists where the challenged conduct is capable of repetition, yet evading review. Under this exception, a court may hear an otherwise moot case when (1) the challenged action is of too short a duration to be fully litigated prior to its cessation or expiration, and (2) there is a reasonable expectation that the same complaining party will be subject to the same action again.

    But note that “[t]he capable of repetition yet evading review rule is an extraordinary and narrow exception to the mootness doctrine.”

  2. admin says:
    January 28, 2009 at 1:00 pm

    Interesting point. Thanks.

Comments are closed.

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Anne Arundel ransomware attack compromised confidential health data, county says
  • Australian national known as “DR32” sentenced in U.S. federal court
  • Alabama Man Sentenced to 14 Months in Connection with Securities and Exchange Commission X Hack that Spiked Bitcoin Prices
  • Japan enacts new Active Cyberdefense Law allowing for offensive cyber operations
  • Breachforums Boss “Pompompurin” to Pay $700k in Healthcare Breach
  • HHS Office for Civil Rights Settles HIPAA Cybersecurity Investigation with Vision Upright MRI
  • Additional 12 Defendants Charged in RICO Conspiracy for over $263 Million Cryptocurrency Thefts, Money Laundering, Home Break-Ins
  • RIBridges firewall worked. But forensic report says hundreds of alarms went unnoticed by Deloitte.
  • Chinese Hackers Hit Drone Sector in Supply Chain Attacks
  • Coinbase says hackers bribed staff to steal customer data and are demanding $20 million ransom

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Massachusetts Senate Committee Approves Robust Comprehensive Privacy Law
  • Montana Becomes First State to Close the Law Enforcement Data Broker Loophole
  • Privacy enforcement under Andrew Ferguson’s FTC
  • “We would be less confidential than Google” – Proton threatens to quit Switzerland over new surveillance law
  • CFPB Quietly Kills Rule to Shield Americans From Data Brokers
  • South Korea fines Temu for data protection violations
  • The BR Privacy & Security Download: May 2025

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.