Anne Bucher  |  December 20, 2013

Category: Consumer News

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Target class action lawsuit

UPDATE 1: A federal judge has set a number of key dates in the Target Data Breach MDL, including an April 1, 2016 deadline to have the consolidated class action lawsuit ready for trial.

UPDATE 2: A federal judge has preliminarily approved a $10 million class action settlement. Details on how to file a claim for the Target data breach settlement can be found here.

UPDATE 3: The Target data breach class action settlement received final approval on Nov. 17, 2015.

UPDATE 4: On Jan. 27, 2016, an objection to the $10 million Target data breach class action lawsuit settlement deal was dismissed by the 8th Circuit on appeal.

UPDATE 5: On Feb. 1, 2017, the Eighth Circuit Court of appeals reversed the class certification and directed the district court to make a new ruling and explain its findings. According to the settlement website, claims will not be paid until class certification is resolved. This could take several more months. Please keep checking Top Class Actions for updates. We are following the case and will let our viewers know as soon as the class certification decision is made!

Hours after the company acknowledged that 40 million customers’ credit and debit card information was lifted during point-of-sale transactions over the past few weeks, Target Corp. was hit with a class action lawsuit over the breach.

In a statement, Target confirmed that data was stolen from credit and debit cards swiped in its U.S. brick-and-mortar stores between Nov. 27 and Dec. 15—prime holiday shopping season. According to the company’s investigation, customer names, credit or debit card numbers, expiration dates and CVV security codes were compromised. As many as 40 million customers are likely to be affected by the breach.

On Thursday, Jennifer Kirk filed a class action lawsuit accusing Target of breaking California’s unfair competition and data breach reporting laws. She also alleged the company “failed to implement and maintain reasonable security procedures and practices appropriate to the nature and scope of the information compromised in the data breach.”

According to the proposed class action lawsuit, news of the Target data breach was first published on Wednesday by blogger Brian Krebs, before Target had made any effort to notify customers who may have been affected by the Target credit card theft. News outlets began reporting that the data was likely gathered through the use of software installed on the machines customers use to swipe their credit and debit cards while paying.

The data that was allegedly exposed is known as “track data,” which allows criminals to create counterfeit cards by encoding the credit or debit card information onto any card with a magnetic strip. The Target data breach lawsuit also mentions that the thieves may have captured PIN numbers from customers who paid with debit cards, which could allow them to withdraw money directly from those customers’ bank accounts.

On Thursday, Target posted a notice on its corporate website, confirming that customers’ credit and debit card information had been compromised. The company reportedly took no steps to notify the customers who were affected by the Target credit card theft. “In its December 19 statement concerning the data breach, Target also claimed to ‘have identified and resolved the issue,’ conveying a false sense of security to affected customers,” Kirk says in her class action lawsuit.

Because of the Target data breach, customers are now at risk of identity theft. The Federal Trade Commission (FTC) estimates that as many a 9 million Americans are victims of identity theft each year. “Identity thieves can use identifying data to open new financial accounts and incur charges in another person’s name, take out loans in another person’s name, incur charges on existing accounts, or clone ATM, debit or credit cards,” the class action lawsuit says.

Not only are identity theft victims subjected to financial harm, but their identities can also become implicated in fraud. Identity thieves can use stolen data to commit immigration fraud, obtain government identification in the victim’s name, obtain government benefits in the victim’s name, file fraudulent tax returns, and a variety of other fraudulent activities. When personal data is compromised, the victims must constantly monitor their financial and personal records.

Kirk is represented by Tina Wolfson, Robert Ahdoot and Theodore Maya of Ahdoot & Wolfson PC.

The Target Customer Data Breach Class Action Lawsuit is Jennifer Kirk v. Target Corp., et al., Case No. 13-cv-05885, in the U.S. District Court for the Northern District of California.

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144 thoughts onTarget Hit with Class Action Lawsuit Over Massive Data Theft

  1. frank harry says:

    Gracias a todas estas características avanzadas, explicación de cómo estas obras TARJETA ……….
    Usted acaba de ranura en éstos tarjeta en cualquier cajero automático y se mostrará automáticamente un menú de primera VAULT 10.000 $, segundo VAULT 20.000 $ o en cualquier moneda, PROGRAMADO-RE, SALIR, CANCEL. Basta con hacer clic en cualquiera de las bóvedas, y se le llevará a otro submenú de ALL, OTROS, SALIR, CANCEL. Basta con hacer clic sobre los demás y escriba la cantidad que desea retirar del cajero automático y lo tienes cobrado al instante … Listo. *** NOTA: NO SIEMPRE cometen el error de hacer clic en “TODOS” OPCIÓN. YA QUE SACAR TODO EL IMPORTE DE LA BÓVEDA SELECCIONADO todo un atacante tiene que hacer es simplemente acercarse a un cajero automático infectados e introduzca un código PIN especial para acceder al menú secreto que le permitirá hacer retiros en efectivo de $ 20,000 o el control de la trojan (por ejemplo, para eliminarlo). Para hacer un retiro que la persona tiene que saber los comandos apropiados, así como una fórmula especial que calcula una clave de sesión – algún tipo de autenticación de dos factores. Si ambos códigos son correctas, entonces aparecerá un segundo menú que permite al criminal para seleccionar el número de cassette y hacer un retiro. Aunque sólo se puede prescindir de 40 billetes por transacción, es posible prescindir de cualquier cantidad de dinero simplemente realizando las acciones varias veces over.WE debemos tomarla POR FUERZAS, NOSOTROS LA FE TODOS piensa que son
    PASSABLE MI EMAIL [frankharry19@gmail.com]
    Mi número de teléfono +447031953589 o +2347065058458

  2. Top Class Actions says:

    UPDATE 3: The Target data breach class action settlement received final approval on Nov. 17, 2015.

  3. Top Class Actions says:

    UPDATE 2: A federal judge has preliminarily approved a $10 million class action settlement. Details on how to file a claim for the Target data breach settlement can be found here.

  4. jon macvean says:

    how doyou join lawsuit against targer jon macvean po box 434 sparta mi 49345

  5. Carolyn says:

    I am retired from Target Distribution Center . So i had the Charge card for me , and my husband cause i get a 10% discount for the rest of my life . We get our medicine there well yeah! we got hit so we Changed password and deleted our card . All Target said is i’m sorry Gee! this is something serious so they can keep their discount i’m not shopping there anymore . I want on Board for the law sui .. Thanks

  6. Top Class Actions says:

    UPDATE: A federal judge has set a number of key dates in the Target Data Breach MDL, including an April 1, 2016 deadline to have the consolidated class action lawsuit ready for trial.

  7. Carol Rock says:

    I would like information on taking part in the law suit, also to be contacted by someone here. I was hit 2 times and not happy with it. Target needs to step up to the plate ad fix this!

  8. CAROL says:

    I just went through this with Michaels. shopping at Kohls, $140.oo worth, card was declined, just got paid. Michaels notified the banks, but didn’t notify the Customers until 2 weeks after, the bank just cut off your card. I’m done with cards, I get cash when I get paid, and mail my bills now, try it, it keeps you in your budget, if your have $50.00, that’s all U can spend., and you’re keeping the post office busy. What does it take a few more minutes to write out checks?? Can’t be more than the 3 trips it took to the bank that Michaels caused.

  9. Sophie (Of Target Leakers) says:

    An update if everyone doesn’t know about this. Target is back to asking about Redcards again (GROAN), and the prompts are back up on computers for cashiers to ask about. As a result of the issues with the RedCards, many employees jobs were cut and exterminated. I had asked about this to my supervisor the other day, and she confirmed in an email that some people’s jobs were cut because of the financial issue with RedCards. Now, Target is offering a free one-year credit monitoring thing you can opt to sign up for. After that, it’s on the guest to pay it. Personally, I WOULD RECOMMEND NOT TO SIGN UP FOR IT! IF YOU FORGET THAT YOU SIGNED UP, AND END UP SEEING CHARGES, TARGET AS USUAL WON’T CLAIM RESPONSIBILITY. Then Target will be in a pickle again, because of unhappy people. Now, it’s no longer just Target. It is Neiman Marcus, JC Penny, and other stores that this is occurring in, so please be careful with your bank/debit cards. Remember not every area is safe. Use cash if you have it. And don’t opt to sign up for emails or give your phone number or zip code.

    Be safe everyone and best of legal luck to you!

  10. robert bishop says:

    i had both my target redcard and my bank debit card were both involved in the breach. my bank closed out my bank card ,sent me a new one. target has done nothing. i closed the account and cut the card up , waiting on target to do something,

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