Anne Bucher  |  August 26, 2014

Category: Consumer News

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Target class action lawsuit

UPDATE: 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 2: The Target data breach class action settlement received final approval on Nov. 17, 2015.

UPDATE 3: 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 4: 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!

UPDATE 5: On Aug. 22, 2019, Top Class Actions viewers started getting checks from the Target data breach class action settlement worth as much as $1,201.88. Congratulations to everyone who filed a claim and got PAID!

Attorneys representing plaintiffs in the multidistrict litigation (MDL) over the massive Target data breach have filed an amended class action lawsuit complaint that sets forth the strongest legal claims from dozens of data breach lawsuits that have been filed against the retailer.

The revised class action lawsuit seeks to represent a nationwide Class and state-specific Classes of Target consumers who may have been affected by the 2013 data breach, which has been declared one of the largest data breaches in history.

According to the data breach class action lawsuit, hackers stole the personal and financial information of as many as 110 million Target customers between approximately Nov. 15, 2013 and Dec. 17, 2013.

“Target’s conduct – failing to take adequate and reasonable measures to ensure its data systems were protected, failing to take available steps to prevent and stop the breach from ever happening, failing to disclose to its customers the material facts that it did not have adequate computer systems and security practices to safeguard customers’ financial account and personal data, and failing to provide timely and adequate notice of the Target data breach – has carved a wide trail of substantial consumer harm and injuries to consumers across the United States,” the data breach class action lawsuit says.

More than 100 plaintiffs named in the Target class action lawsuit have asserted they suffered a number of injuries stemming from the massive Target data breach. These alleged injuries include fraudulent charges on their debit and credit cards, which, in some cases led consumers to be locked out of their bank accounts, making them unable to pay bills and causing them to be subjected to penalties and fees. Other plaintiffs have reported a substantial drop in their credit score rating. As a result, they have reportedly suffered significant personal and financial hardship.

After learning about the Target data breach, the plaintiffs allege they were subjected to numerous costs, including the cost associated with the detection and prevention of identity theft and fraudulent use of their accounts, as well as the costs associated with the time they spent taking time to address the actual and potential consequences of the data breach, including identifying fraudulent charge, cancelling cards, purchasing identity theft protection services, updating the payment information on automatic billing accounts, and coping with purchase limits that were imposed on compromised accounts.

The data breach class action lawsuit alleges Target relies on the intrusion “kill chain” framework, developed in 2011 by Lockheed Martin security researchers. “The fundamental premise of kill chain security is that hackers must proceed through seven steps to plan and execute an attack,” the Target class action lawsuit alleges. “While the hackers must complete all of these steps to execute a successful attack, the company has to stop the hackers from completing just one of these steps to prevent completion of the attack and data loss. Put simply, a company has seven different chances along the kill chain to prevent the attack from occurring.” According to the class action lawsuit, Target failed to take appropriate actions to protect customer data, despite being put on alert about the increased risk of cyber-attacks on U.S. retailers.

According to the Target data breach class action lawsuit, the plaintiffs would not have used their debit or credit cards to make purchases at Target stores, or would not have shopped at Target at all, if they had known that Target failed to properly safeguard their personal and financial information.

The Target class action lawsuit asserts claims for violations of state consumer laws, state data breach statutes, negligence, breach of implied contract, breach of the Target REDcard debit card contract, bailment and unjust enrichment. The plaintiffs seek to recover actual and statutory damages as well as equitable relief, including injunctive relief, restitution, disgorgement, costs and attorneys’ fees.

The U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated the Target data breach lawsuits in April. U.S. District Judge Paul Magnuson is overseeing the litigation and has ordered the case to be ready for trial by April 1, 2016.

The plaintiffs are represented by Stueve Siegel Hanson LLP, Milberg LLP, Girard Gibbs LLP, Nichols Kaster PLLP, and Heins Mills & Olson PLC.

The Target Data Breach Class Action Lawsuit is In re: Target Corp. Customer Data Security Breach Litigation, Case No. 0:14-md-02522, in the U.S. District Court for the District of Minnesota.

 

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5 thoughts onAmended Complaint Filed in Target Data Breach Class Action Lawsuit

  1. Top Class Actions says:

    UPDATE 4: 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!

  2. Top Class Actions says:

    UPDATE 2: The Target data breach class action settlement received final approval on Nov. 17, 2015.

  3. Top Class Actions says:

    UPDATE: 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. Lillie Yancey says:

    I would also like to join this lawsuit. My credit card had to be replaced because of this breach and someone used my information at Target to make purchases.

  5. Jacqueline Manfredonia says:

    How do I join this lawsuit? I had two cards that were breached and I had to replace

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