DataBreaches.Net

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

Banks Find (Some) Success Suing Over Data Breaches

Posted on December 20, 2017 by Dissent

Donna Wilson of Manatt, Phelps & Phillips, LLP writes:

Banks continue to file suit against retailers, hoping to shift the costs of data breaches, with some recent success.

What happened

In January 2016, hackers accessed Eddie Bauer’s point-of-sale register system and installed malicious software that infected every Eddie Bauer store in the United States and Canada. Using the malware, the hackers were able to steal credit and debit card data from the system and sell it to third parties, who made fraudulent transactions on those payment cards.

Earlier this year, Veridian Credit Union filed suit against the national retailer, alleging that it suffered significant property damage to the unique data included on the payment cards and financial losses in connection with covering its customers’ losses due to the data breach, such as reissuing credit and debit cards to its customers.

Veridian claimed that the data breach and its injury were the foreseeable results of Eddie Bauer’s inadequate data security measures, which the company knew were insufficient to protect against recognized threats. Eddie Bauer moved to dismiss.

After deciding that Washington law applied to the action, U.S. District Judge James L. Robart denied the motion, allowing the suit to move forward on Veridian’s negligence claim.

Read more on JDSupra.  The Eddie Bauer case is getting a lot of attention, and rightfully so, I think.  Not every state has a law like Washington’s, but would this be one way to get businesses more worried about successful litigation and costs of a breach?

Category: Breach IncidentsBusiness SectorCommentaries and AnalysesU.S.

Post navigation

← MidMichigan notifies patients of potential breach
Encryption protected Golden Optometric patients’ EHR from CrySiS attack →

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

  • ICE takes steps to deport the Australian hacker known as “DR32”
  • Hearing on the Federal Government and AI
  • Nigerian National Sentenced To More Than Five Years For Hacking, Fraud, And Identity Theft Scheme
  • Data breach of patient info ends in firing of Miami hospital employee
  • Texas DOT investigates breach of crash report records, sends notification letters
  • PowerSchool hacker pleads guilty, released on personal recognizance bond
  • 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

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

  • The Decision That Murdered Privacy
  • Hearing on the Federal Government and AI
  • California county accused of using drones to spy on residents
  • 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

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.