DataBreaches.Net

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

BJ’s, Bank Not Liable for Credit Card Fraud

Posted on December 15, 2009 by Dissent

CUMIS Insurance Society and the credit unions it insures have failed in their lawsuit against BJ’s Wholesale Club and Fifth Third Bank over a 2004 breach that affected 9.2 million cardholders.

The background of the case, as summarized in the court opinion:

In February, 2004, Visa and MasterCard determined that computer thieves had gained access to the computer systems on which BJ’s stored credit card transaction data at more than 150 stores, and that the breach had been ongoing since July, 2003. The breach provided the thieves access to the full magnetic stripe data from approximately 9.2 million cardholder accounts, allowing them access to cardholder names, account numbers, account expiration dates, and proprietary Visa and MasterCard security data. It was ultimately determined that the third-party transaction processing software used by BJ’s was permanently storing the magnetic stripe data in transaction logs. The agreements between BJ’s and Fifth Third contained a requirement that BJ’s comply with Visa and MasterCard’s regulations, including those prohibiting BJ’s from storing any magnetic stripe data after a transaction was completed; the agreements among Fifth Third and Visa and MasterCard required Fifth Third to ensure that its merchants complied with the regulations. BJ’s conceded that it was retaining the magnetic stripe data.

Visa and MasterCard notified all their member issuing banks that had issued any of the possibly compromised accounts. In response to this notification, the plaintiff credit unions closed all their potentially compromised accounts, without regard to whether fraudulent charges had been made on a particular account; advised cardholders to destroy their old plastic credit cards; and issued new account numbers and new plastic credit cards to all affected cardholders. Cumis paid the plaintiff credit unions millions of dollars for fraudulent transactions made using the compromised accounts; the plaintiff credit unions and Cumis then commenced this action.

The credit unions and their insurer, Cumis, argued that they were third-party beneficiaries of contracts between card brands and Fifth Third and between BJ’s Wholesale Club and Fifth Third. The court did not agree. Jeff Gorman reports that

The trial court sided with BJ’s, and the state high court affirmed, saying the contract was exclusively between BJ’s and Fifth Third.

The contract stated: “This agreement is for the benefit of, and may be enforced only by, (Fifth Third) and (BJ’s) … and is not for the benefit of, and may not be enforced by, any third party.”

The court also tossed fraud and negligence claims against BJ’s and Fifth Third Bank, saying they never misled the credit unions and Cumis about their compliance with Visa and MasterCard regulations.

Related: Court Opinion (pdf)

Update: Jaikumar Vijayan pf Computerworld also covers this story.

Category: Business SectorFinancial SectorID TheftOf Note

Post navigation

← Personal information stolen from Detroit’s health department
Drug data mining ban unlikely in Senate health bill →

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

  • Washington Post investigating cyberattack on journalists, WSJ reports
  • Resource: State Data Breach Notification Laws – June 2025
  • WestJet investigates cyberattack disrupting internal systems
  • Plastic surgeons often store nude photos of patients with their identity information. When would we call that “negligent?”
  • India: Servers of two city hospitals hacked; police register FIR
  • Ph: Coop Hospital confirms probe into reported cyberattack
  • Slapped wrists for Financial Conduct Authority staff who emailed work data home
  • School Districts Unaware BoardDocs Software Published Their Private Files
  • A guilty plea in the PowerSchool case still leaves unanswered questions
  • Brussels Parliament hit by cyber-attack

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

  • Vermont signs Kids Code into law, faces legal challenges
  • Data Categories and Surveillance Pricing: Ferguson’s Nuanced Approach to Privacy Innovation
  • Anne Wojcicki Wins Bidding for 23andMe
  • Would you — or wouldn’t you?
  • New York passes a bill to prevent AI-fueled disasters
  • Synthetic Data and the Illusion of Privacy: Legal Risks of Using De-Identified AI Training Sets
  • States sue to block the sale of genetic data collected by DNA testing company 23andMe

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.