Tag Archives: Payment Card

Home Depot Settles Data Breach Claims

On March 9, 2017, Home Depot reached an agreement that includes the payment of 25 million dollars and the implementation of new data security measures to resolve a putative class action brought by financial institutions impacted by the company’s 2014 data breach.… Continue Reading

Home Depot Prevails in Shareholder Derivative Lawsuit Over 2014 Data Breach

Recently, the U.S. District Court for the Northern District of Georgia dismissed a shareholder derivative lawsuit against Home Depot Inc. (“Home Depot”) arising over claims that Home Depot’s directors and officers (the “Defendants”) acted in bad faith and violated their duties of care and loyalty by disregarding their oversight duties in connection with a 2014 … Continue Reading

Adobe Settles Multistate Data Breach Enforcement Action

On November 7, 2016, Adobe Systems Inc. entered into an assurance of voluntary compliance with 15 state Attorneys General to settle allegations that the company lacked proper measures to protect its systems from a 2013 cyber attack that resulted in the theft of the personal information of millions of customers. … Continue Reading

PCI Security Standards Council Releases Enhanced Validation Requirements for Designated Entities as PCI DSS Version 3.0 Set to Retire

The PCI Security Standards Council recently published a set of enhanced validation procedures designed to provide greater assurance that certain entities are maintaining compliance with the PCI Data Security Standard effectively and on a continuing basis. In addition, on July 1, 2015, PCI Data Security Standard Version 3.0 is being retired and the controls previously designated by Version 3.0 as best practices will become mandatory.… Continue Reading

Massachusetts Court Ruling Benefits Plaintiff in Zip Code Case

On March 11, 2013, in Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court effectively reinstated the suit against the retailer by answering favorably for the plaintiff three certified questions from the United States District Court for the District of Massachusetts regarding Massachusetts General Laws Chapter 93, Section 105(a) entitled “Consumer Privacy in Commercial … Continue Reading

FTC Files Complaint Against Wyndham Hotels

On June 26, 2012, the Federal Trade Commission announced that it had filed suit against Wyndham Worldwide Corporation and three of its subsidiaries (“Wyndham”) alleging failures to maintain reasonable security that led to three separate data breaches involving hackers accessing sensitive consumer data. The FTC’s complaint claims that Wyndham violated the FTC Act by posting … Continue Reading

New Jersey Courts Issue Conflicting Rulings in ZIP Code Collection Cases

Last month, two New Jersey judges issued opposing decisions in class action lawsuits regarding merchants’ point-of-sale ZIP code collection practices. The conflicting orders leave unanswered the question of whether New Jersey retailers are prohibited from requiring and recording customers’ ZIP codes at the point of sale during credit card transactions.… Continue Reading

Lush Avoids ICO Fine After Website Data Breach

The UK Information Commissioner's Office found that Lush Cosmetics Ltd. violated the Data Protection Act 1998 by having insufficient measures to protect customer data on its retail website. The ICO required Lush to process customer payment card data in compliance with the Payment Card Industry Data Security Standard but did not impose a monetary penalty on the company. … Continue Reading
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