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

  • Rewards for Justice offers $10M reward for info on RedLine developer or RedLine’s use by foreign governments
  • New evidence links long-running hacking group to Indian government
  • Zaporizhzhia Cyber ​​Police Exposes Hacker Who Caused Millions in Losses to Victims by Mining Cryptocurrency
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Google: Hackers target Salesforce accounts in data extortion attacks
  • The US Grid Attack Looming on the Horizon
  • US govt login portal could be one cyberattack away from collapse, say auditors
  • Two Men Sentenced to Prison for Aggravated Identity Theft and Computer Hacking Crimes
  • 100,000 UK taxpayer accounts hit in £47m phishing attack on HMRC
  • CISA Alert: Updated Guidance on Play Ransomware

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

  • How the FBI Sought a Warrant to Search Instagram of Columbia Student Protesters
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Malaysia enacts data sharing rules for public sector
  • U.S. Enacts Take It Down Act
  • 23andMe Bankruptcy Judge Ponders Trump Bill’s Injunction Impact
  • Hell No: The ODNI Wants to Make it Easier for the Government to Buy Your Data Without Warrant
  • US State Dept. says silence or anonymity on social media is suspicious

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.