News & Analysis as of

Debit and Credit Card Transactions

Get Ready for New Data Transfer Security Standard for POS Systems

by Bryan Cave on

Retailers are still feeling the pain from implementing EMV-compliant POS systems. An article by Kate Fitzgerald in the PaymentsSource Technology newsletter (August 8, 2017) caught our eye....more

German Federal Supreme Court: ‘Sofortüberweisung’ Must Not be the Only Free-of-Charge Payment Method in B2C Contracts

by Reed Smith on

According to a press release of the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband; ‘vzbv’) dated 19 July 2017, the German Federal Supreme Court (‘FSC’) issued a judgment that held it is...more

Happiness is not a Fresh Baguette: Failure to Redact Expiration Date Insufficient to Create Standing under FACTA

by Hinshaw & Culbertson LLP on

Happiness is not a fresh baguette…at least not for one FACTA plaintiff. In Crupar-Weinmann v. Paris Baguette America, Inc., the Second Circuit, in line with the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins,...more

Second Circuit Holds That Printing of Expiration Date Is a Bare Procedural Violation of FACTA That Is Inadequate Under Spokeo to...

by Davis Wright Tremaine LLP on

Addressing the issue of when “a bare procedural violation of a statutory right constitute[s] an injury in fact sufficient for standing to bring suit in federal court”, the U.S. Court of Appeals for the Second Circuit has...more

Customers Sue Darden Restaurants Over Information on Receipts

by Reed Smith on

A class action lawsuit was recently filed against Darden Restaurants, Inc. (“Darden”), alleging that Darden violated the Fair and Accurate Credit Transactions Act (“FACTA”). Specifically, the plaintiffs alleged that...more

2017 Labor & Employment Legislative Update: House of Origin Deadline

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pay equity and Ban The Box bills lead the list of bills approved to continue their quest (moving to the other house of the California Legislature) to become California law....more

Business Litigation Alert: "Expect More. Pay More. No Sale for Target After Paying Out Over $60M in Data Breach Settlements"

by Porter Hedges LLP on

Last week, Target announced that it reached a settlement of $18.5 million with attorney generals in 47 states and the District of Columbia over the massive security breach it suffered in 2013....more

Record-Setting Target Settlement Changes Expectations for Institutional Data Security

On May 24, 47 state attorneys general settled with Target for $18.5 million regarding its 2013 data breach. The implications of the agreement may be more far-reaching than many companies realize. The fact that nearly all...more

Privacy Tip #90 – Payment Card Breaches - Both Sides of the Story

We hear daily about another payment card breach at a retail store, restaurant chain or hotel line. The response to a payment card breach differs from company to company. I get a lot of questions about payment card breaches...more

Financial Choice Act slated for House floor vote during week of June 5

by Ballard Spahr LLP on

On May 26, the House of Representatives Committee on Rules announced that House members have until June 2 to propose amendments to the Financial Choice Act bill. The Chairman of the House Financial Services Committee, Jeb...more

Lone Objector’s Class-Conflict Arguments Miss the Target

by Carlton Fields on

In 2015, Target settled a class action stemming from a massive data breach of its customers’ sensitive information. According to the settlement terms, Target agreed to pay $10 million to those affected. The Minnesota district...more

Target Settles with 47 AGs and DC for $18.5 Million

The 2013 hack that caused one of the largest breaches in U.S. retail history continues to be a headache for Target Corp. Following the breach just before the holidays in 2013, Target was hit with consumer class action suits,...more

Latest Target Data Breach Settlement Reminds Companies Of The Importance Of Data Security: Do It Right Or Subject Yourself To...

Pursuant to a settlement agreement with the Attorneys General of nearly all 50 states1, Target Corporation will pay $18.5 million to settle claims brought by the state Attorneys General arising from the November 2013 data...more

Target Reaches $18.5 Million Dollar Settlement in Data Breach with States

It seems as though we have been writing about this case for a lifetime. Target Corporation’s data breach saga came one step closer to a conclusion this week. On Tuesday, Target reached an $18.5 million settlement with 47...more

Rite Aid’s Online Store Breached

Rite Aid has admitted that its online eCommerce platform was accessed by unauthorized individual(s) from January 30, 2017, through April 11, 2017, and their customers’ names, addresses and payment card information, including...more

Kmart Breach Settlement of $6.9M With Banks Approved by Court

Kmart’s proposed settlement with banks that had to reimburse customers following Kmart’s 2014 data breach was approved by an Illinois federal judge last week with one caveat: he wants to see how much each bank is being paid...more

Settlement in Home Depot Class Action Provides Data Security Corporate Governance Framework for Companies

by Nossaman LLP on

The latest settlement in Home Depot’s data breach litigation provides a data security framework for corporate governance that may be used by other companies as a template. Based on claims arising from a massive data breach...more

Brooks Brothers Reports Payment Card Data Breach

A lawyer’s nightmare: retailer Brooks Brothers announced late last week that it has become the newest retailer to suffer a payment card data breach. According to Brooks Brothers, which is calling it a “data incident”,...more

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more

Debit Card Swipe Fees Only Hurdle to Dodd-Frank Repeal?

by Fox Rothschild LLP on

Respecting a issue of great importance to the franchise community, Bloomberg Law this morning is reporting that repealing a cap on debit card transaction fees is the only issue holding up an otherwise unified Republican bill...more

Kimpton Data Breach Decision Highlights Lingering Confusion on Standing Issues

When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers,...more

GameStop Investigating Data Breach of Credit Card Information

Brian Krebs broke the story that GameStop was investigating a possible data breach affecting customers’ credit card information. This week, GameStop confirmed that it is investigating the possible compromise of credit card...more

FACTA Suits Still Bite - $31 Million Subway Class Action Settlement Approved

Ten years ago, hundreds of retailers, chain restaurants and others were targeted nationwide as defendants in class action suits under the Fair and Accurate Credit Transactions Act (FACTA) for violating the so-called...more

Recent settlements highlight plaintiff pitfalls in data breach cases

by Thompson Coburn LLP on

In a recent post, we discussed how plaintiff class members who have not suffered financial harm as a result of a data breach face challenges meeting the Article III standing requirement necessary to invoke a federal court’s...more

Supreme Court Holds Credit Card Surcharge Law is a Speech-Based Regulation

For nearly four years we have been tracking the ongoing legal battle over a merchant’s right in New York to charge a surcharge to customers who use a credit card as a method of payment. This saga came to a head on March 29,...more

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Cybersecurity

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