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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
Recently my debit card was automatically reissued by my bank because of this issue. I haven’t had an opportunity to really look through my bank statements to see how or if my acct was affected, but was remembering earlier in the month I wanted to pay my bills online like I’ve always done and for some reason couldn’t. I called my bank and was told everything was fine, when I still couldn’t pay my bills in the normal matter that I always had, I had to withdraw cash to pay my bills. Thinking back on it, that incident freaked me out. Honestly this is a ridiculous mistake on targets part and I truly hope the company gets what’s coming to them. As a consumer, I’ve opted to not shop at target for anything ever again. They’ll never see a dime of my money if I can help it. Want in on this is there is an in at some point, and target needs to apologize to it’s customers an make sure that something like this NEVER happens again! SMH
HOW DO WE SIGN UP 4 THIS????
On CHRISTMAS DAY I had a attack on my card of over 3000.00 from CHINA and Taiwan for online travel tickets. Luck the company the issued the tickets seen a problem and started to refunded the money but I got a call from USAA the day after Christmas at 7AM and asked if I made these transactions I said No. Well after that they replaced my card that day got a replacement the next day. Thanks to USAA they watch what’s going on since for me.. PLEASE CONTACT ME ASAP on the lawsuit signup.
My credit card was taking as well,I want in on this
Sign me up .
sign me up , I also feel Target needs to take care of this .
Oh, P.S. I was just told the other day that the issue was STILL NOT RESOLVED as far as data security with using Red Cards/Debit/Bank cards at Target. So… JUST USE CASH EVERYONE!
I actually work for Target, and I’m just going to use the name “Sophie.” I’m not using my real name. The supervisors at Target have told us we can’t ask people if they want Red Cards (thank God!) and that we’re not to discuss the issue at all. The execs are definitely hiding something. One of my coworkers who is a high up (also a bit ditzy) told me about Target getting hit with a class-action lawsuit, and I think it’s perfectly fine. The dumbbutt CEO needs to take responsibility for once. I would love to see my store manager get fired or “transferred” to another store. All he does is walks around with his cell phone all through the store ALL DAY. You guys need your money back, and Target NEEDS to take responsibility. There is so much that Target is not telling anyone. I wouldn’t be surprised if they actually went under from this. And to think that they used to place our jobs on how many Red Cards a month we got. If we didn’t give away enough, we would get reprimanded. It’s about time it came back to bite them in the butt!
Used my credit and debit card at Target during that time frame. So far no fradulent activity with my cards. But do know Bank of America is closing watching. Have been called twice the last week to verify transactions I made. Wondering if other banks are doing the same. If class action lawsuit continues – will file my claim. No excuse for it. None.
sign me up for the lawsuit