Consumers Permitted To Proceed With Data Breach Class Action Against Target

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On December 18, 2014, the U.S. District Court for the District of Minnesota ruled, in a 46-page opinion, that a putative class of consumers could proceed with a majority of their claims against Target arising from the data breach Target sustained over the holiday season in 2013. The plaintiffs allege financial losses after their credit- and debit-card information was stolen during Target’s data breach.

The plaintiffs asserted seven claims based on common-law theories and alleged statuory violations, in their 121-page complaint. Target moved to dismiss all claims under Rule 12(b)(6), contending that the plaintiffs lacked standing and that the complaint did not provide sufficient detail to support the allegations. The Court denied most of Target’s motion given the early posture of the case. The Court’s Order demonstrates the complexities of class action suits where the causes of action are subject to the distinct laws of all 50 states.

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