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?”


Related:

  • PowerSchool commits to strengthened breach measures following engagement with the Privacy Commissioner of Canada
  • Two more entities have folded after ransomware attacks
  • British institutions to be banned from paying ransoms to Russian hackers
  • Microsoft Releases Urgent Patch for SharePoint RCE Flaw Exploited in Ongoing Cyber Attacks
  • Global hack on Microsoft product hits U.S., state agencies, researchers say
  • Michigan ‘ATM jackpotting’: Florida men allegedly forced machines to dispense $107K
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

  • Scattered Spider Hijacks VMware ESXi to Deploy Ransomware on Critical U.S. Infrastructure
  • Hacker group “Silent Crow” claims responsibility for cyberattack on Russia’s Aeroflot
  • AIIMS ORBO Portal Vulnerability Exposing Sensitive Organ Donor Data Discovered by Researcher
  • Two Data Breaches in Three Years: McKenzie Health
  • Scattered Spider is running a VMware ESXi hacking spree
  • BreachForums — the one that went offline in April — reappears with a new founder/owner
  • Fans React After NASCAR Confirms Ransomware Breach
  • Allianz Life says ‘majority’ of customers’ personal data stolen in cyberattack (1)
  • Infinite Services notifying employees and patients of limited ransomware attack
  • The safe place for women to talk wasn’t so safe: hackers leak 13,000 user photos and IDs from the Tea app

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

  • White House ordered to restore Medicaid funding to Planned Parenthood clinics
  • California Attorney General Announces $1.55M CCPA Settlement with Healthline.com
  • Canada’s Bill C-2 Opens the Floodgates to U.S. Surveillance
  • Wiretap Suits Pit Old Privacy Laws Against New AI Technology
  • Action against tiny Scottish charity sparks huge ICO row
  • Congress tries to outlaw AI that jacks up prices based on what it knows about you
  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard

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.