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Pointer: The TJX Case: It Lives! With a New Theory of Liability: “Unfairness”

Posted on May 2, 2009 by Dissent

David Navetta has an interesting piece on InfoSec Compliance that begins this way:

Little know (or at least discussed) fact: despite announcing settlements with VISA and Mastercard in 2007, the TJX data security litigation is still going. In fact most of the issuing banks impacted by the TJX breach are no longer pursuing TJX and/or have settled via VISA and Mastercard dispute resolution processes.

However, two financial institutions (Amerifirst Bank and SELCO Community Credit Union – hereinafter “Issuing Banks” or plaintiffs) have pressed forward with an appeal of various dismissals and class certification motions to the U.S Court of Appeals for the First Circuit (the “Appellate Court”). The 1st Circuit’s opinion sheds some more (high level) light on the liability risk of payment card data breach security cases. Ultimately, the Appellate Court allowed three theories of liability to proceed, including a previously dismissed theory alleging that TJX’s inadequate security amounted to an unfair business practices under Massachusetts’s unfair and deceptive business practices law.

Read more on InfoSecCompliance.com

Related posts:

  • Heartland in $60 mln settlement agreement with Visa
  • More details on the second processor breach (corrected and updated)
  • Heartland’s annual report to SEC reveals more investigations
  • Visa puts Heartland on probation over breach — but what about RBS WorldPay?
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