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. wanda wesson says:

    I used my card on black Friday night and applied for a card to connect to my checking account.

  2. kathleen decker says:

    I was in Brockton due to my dads death I went to target a lot I live in florida never go to target his company account in concern

    1. john says:

      How about using a “period” in your sentence once in a while???

      1. Kim says:

        How about you recognize that Target makes millions from uneducated buyers and stop personal attacks — or better yet, go back to work — I’m guessing its at Target??

        1. Annie Ware says:

          I recently ordered a pair of cowboy boots for my granddaughter at Targets. I realized I had ordered the wrong size once I reviewed the order. I called and asked them if they could exchange the size 6 for size 5 the service representative told me it was too late to change the sizes, but she could cancel the order and I could reorder the correct size. Well I got two sets of boots sizes 5 and 6. I called make to complain they told me to take it back to the nearest Target Store. I did and what they told me was they could not put it back on the card I ordered it from but they could give me a Target gift Card. This forces a customer to have to spend their money at that store. And yes my debit card was compromised and I am going to have to change my account, I can’t do it right away because I have bills that I used my card that have not cleared.

      2. Harrison says:

        Hey john, dont be a dickdude……………………………..

      3. Mike says:

        JOHN, YOU ARE A DUMMY

      4. Jane says:

        GROW UP JOHN!!!!!!!! And get off of here and go get a life!

  3. Bob says:

    I was as well affected by this, went to go Chrsitmas shopping . Guess what, I have the money but Chase has put a limit on what I can buy at one time. is it possible that this will include people in states other than California?

    1. Kim says:

      Yes, my Chase acct in CT is also limited. $100 cash per day and $300 in spending. I had a $37 charge when I tried to check out at the grocery store declined yesterday. Luckily I had another way to pay! I’ve canceled my card and will be waiting 7-10 days to get a new card. Unfortunately there are no branches of Chase locally to go “cash a check”. Target should have invested more of their huge profits in IT security. They have a responsibility to protect consumer information.

      1. Devon says:

        I’m in your shoes too- a chase customer with the same limits. Ugh.

    2. Devon says:

      Absolutely. It’s a nationwide breech.

  4. Steven says:

    Shopped Target in store. I would like to file for the class action law suit as well. Who is going to pay for my credit monitor because of this issue?

    1. john says:

      You pay. It’s your credit; it’s YOUR responsibility to monitor it.

      1. Doug says:

        John,

        I also closely monitor my credit accounts, a good practice for all of us. But in a case like this, the company that was breached should offer to assist those that don’t as actively monitor their accounts.

        I believe Target has offered credit monitoring to in this case, as they should.

      2. David says:

        john,im sorry that your wife cheated on you,not to mention all the gang bangs she did,but stop acting so hateful online unless you have the guts to give out your address,which little pussies like you never have.maybe thats why your wife would rather have sex with other men,lot of ’em

  5. D EVANS says:

    Need to get on broad!!!

    1. john says:

      Need to “Get on broad”????? Do you mean “board”???

      The typical dumbing-down of American.

      1. carla iyer says:

        John, I love your comments. Keep up the great work

  6. Nikki says:

    I shopped at Target in December twice and would like to be included in the class action suit. How do I go about that?

    Thanks for the information.

    Nichole

  7. Bristolbob says:

    I very rarely shop at Target because I just like WalMart better. But just my luck I shopped there for the first time in years on December 2nd and used my credit card. I canceled my Citi Bank card and they are issuing me a new one.They said they were going to overnight it to me but still haven’t got it yet. It will probably be the usual 8 10 business day wait. But at least the thieves don’t have my number. Neither do I for that matter of fact.

  8. nicolekemna says:

    the million dollar question…what do i need to do to join this lawsuit?

  9. krystal says:

    i used my card at target in texas, two days later there were three different charges, in three different states on my account.. luckily my bank was fast in catching those charges before they posted.. but i was without my card and account for a few days.. has anyone received any information on what’s involved with this class action lawsuit? (what would it take to join/what’s involved/what kind of proof do you need?) Thanks in advance.

  10. willow says:

    I had a $300 charge from California appear on my card…and I’ve never even been to California. How can I participate in this lawsuit?

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