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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
What if I bought $1000 worth of Target gift-cards for stocking stuffers during this time period?
Then, I think you should be able to prove it with your bank account info, relax and don’t worry that much. Then ask your bank account to give you a new card.
Oops, I meant to ask your bank to give you a new card ;)
I have had a Target Redcard for about 10 yrs . So far it looks like nothing has happen on mine, but i would like to get in on the Law Sui .. Thanks
I want to let everyone know that when the thieves got my info they played with my account….then took every penny I had and now I’m in the process of fighting to get it back….and it’s a walmart prepaid money card…..this sucks cause I only get paid twice a month and now penniless and pissed cause I shopped at target on Black Friday!!!!!!!
This ruined quite a bit for the holidays for me and my family because of the inconvenience to my account. Ya I’m getting a new card but doesn’t change the fact that it made it impossible to get things done for bills and Christmas with the limits to my aaccount.I would like to be apart of this.
HOW DO I SIGN THE CLASS ACTION
With a pen.
This explains a lot of what I have noticed up at my Target store. For months (around Back To School) time…Target kept bugging me to sign up for that “Get 5% Off” all of my purchases. I took the paperwork home, and looked it over, and noticed that Target really just wanted to “link to my checking account”. This made me nervous so I din’t do it. Then suddenly…around Thanksgiving Day time….Target “stopped bugging me” ???? Now, I KNOW why. I think the people who got those Target 5% Discount Cards are the 41 million people they are talking about on the news. I have heard several news stories and Target always “avoids” saying anything about the customers all being Target 5% Off Discount Card holders.
I am not a Target cardholder and they cleaned out my account when I got paid last Friday before I even got off of work.
This could happen anywhere, Should go after your credit card company for putting all your information on the strip on the card. So out dated, neither the banks or the retail stores want to pay to update the security system to protect the consumer. We use the oldest system ever. Should be a micro chip.
I just say why let any of them make any money off me in interest…….. I just PAY CASH!!!!! SO SAFE!!!!
Or better yet money of the future…. “BITCOIN”… no need for banks.
My husband’s social was stolen he has never lost his social. A man bought his social in a Wal-Mart parking lot for $75.00. We have the man’s name filed a police report gave the police everything but the Johnson co. in Kansas attorney let him go! The police told us they arrested him but they released him. The IRS knew that he was using my husband’s social but they said that they knew that it wasn’t my husband. We found out about the IRS knowing that this man was using his social cuz the police needed a statement from them. Why The IRS didn’t let my husband know as soon as they knew we don’t know. I had to call the IRS a few month’s later and I said something about this person and they said they always contact people when they know someone else is using their social. That was a lie! My point is that nothing was done about this by the police or the IRS.
This affected me . I used my card at target during this time frame as a customer.of
Chase bank they limited us to 100. Per day for withdrawal at ATM and 300 a day on purchases which is a inconvenient around Christmas time. I tryed to withdraw from t ATM for300 AND was denied then tryed 200 same thing I was able to take out 100
I didn’t know at the time why.I couldn’t take out more until the next day what was going on. I want to thank Chase bank for t heir prompted attention to make sure.our accounts were safe even if it was inconvenient to some of us like me
I went to Target on Friday and have the same problem that I was able to get a straight answer and I was not able to use their target card so instead I have to use my ATM card which I didn’t want to do but I had all the stuff on the register already thank you.