Target data breach settlement remanded by appeals court after two consumers raise concerns

It ain’t over until…. well, no body-shaming here, but Target is not out of the woods on litigation from their massive 2013 breach.

Law360 is reporting:

The Eighth Circuit decided Wednesday to send back to lower court the $10 million deal that let Target Corp. out of multidistrict litigation over its notorious 2013 data breach, after two men raised concerns about inadequate class representation and compensation.

You’ll need a subscription to read the article, but if I find other coverage, I’ll add it here.

Update: The National Law Journal reports on the opinion. Amanda Bronstad’s report begins:

A federal appeals court has turned back a $10 million settlement in data breach litigation against Target Corp., concluding the Minnesota judge who approved it failed to consider the interests of customers whose data was at risk in the 2013 cyber intrusion but who had no economic losses.

The ruling from the U.S. Court of Appeals for the Eighth Circuit sets up a debate over one of the thorniest issues in data breach cases—whether and how to compensate individuals for the theft of personal information when it cannot be tied to financial injury.