Tagged: Data Breach

Target/Visa Settlement: A Potential Guide Post in Data Breach Litigation

While the winter holidays are a time for spending and good cheer, the 2013 holiday season was one that continues to be costly for Target. On December 19, 2013, Target publicly announced that computer hackers had stolen data, including credit card payment information, from millions of Target shoppers. In January 2014, Gibbons P.C., in light of the Target data breach, discussed the ramifications of delay in notifying consumers, whether the delay was intentional or as a result of compliance with law enforcement requests. Banks and credit unions, which had issued credit cards affected by the breach, were forced to reimburse Target customers in some cases and reissue millions of cards, brought a class action lawsuit against Target.

Court Finds Lack of Standing in Medical Data Breach Case

In Peters v. St. Joseph Servs. Corp., the United States District Court for the Southern District of Texas recently dismissed a class action complaint seeking damages arising out of a data incursion. The Court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of standing without leave to amend, while granting the plaintiff 30 days to raise her state and common law claims in state court.