ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Cybersecurity

Banks Win Class Certification in Target Data Breach Litigation

September 15, 2015
Reading Time: 2 mins read

Case: In re: Target Corp. Customer Data Security Breach Litigation

Issue: Whether class certification of the financial institutions that issued payment cards compromised by the 2013 Target data breach is appropriate.

Case Summary: A Minnesota district court granted class certification to financial institutions that issued payment cards compromised by the 2013 Target data breach.

In their class certification motion, the financial institutions argued that Target was negligent in failing to provide sufficient cybersecurity to protect their data. They argued that class certification is appropriate because they suffered common injuries associated with replacing cards for their customers, reimbursing fraud losses, and taking remedial steps in response to the data breach.

The district court granted class certification, writing that “given the number of financial institutions involved and the similarity of all class members’ claims, the financial institutions have established that the class action devise is the superior method for resolving this dispute.”

In rejecting Target’s argument that the banks’ negligence claims were not subject to class-wide proof because the claims arose under different state laws, the court held that Minnesota law applies because Target is headquartered in Minnesota, its computer servers are located there, and it makes decision on cybersecurity there. The court also rejected Target’s argument that the banks’ claims were speculative. In citing ABA’s September 2014 survey, the court found that the banks “reissued nearly every card” subjected to the data breach. Finally, the court rejected Target’s argument that the banks were not required by law to issue new cards, writing that Target’s view was “absurd” given that Target reissued all of its own cards after the data breach.

Bottom Line: The court also named Zimmerman Reed and Chestnut Cambronne as class counsel and Umpqua Bank, Mutual Bank, Village Bank, CSE Federal Credit Union and First Federal Savings of Lorain as class representatives.

Tags: Data breaches
ShareTweetPin

Author

Thomas Pinder

Thomas Pinder

Thomas Pinder is senior vice president and deputy general counsel at ABA.

Related Posts

FDIC, OCC repeal guidance on leveraged lending

FDIC, OCC repeal guidance on leveraged lending

Commercial Lending
December 5, 2025

The FDIC and the Office of the Comptroller of the Currency rescinded guidance on leveraged lending issued more than a decade ago, saying it was too restrictive.

Consumer credit increased in March

Consumer credit increased in November

Economy
December 5, 2025

Consumer credit increased at a seasonally adjusted annual rate of 2.2% in October. Revolving credit, largely a reflection of credit card debt, increased at an annual rate of 4.9%.

ABA Data Bank: Markets revise their rate expectations lower

ABA DataBank: Volatility shifts as chances of rate cut increase

Economy
December 5, 2025

Volatility measures began rising in late October after Fed Chair Powell stated that a rate cut in December was not a foregone conclusion.

Bank economists grow more optimistic about business credit, soft landing

Bank economists: Credit outlook improves amid continued softening

Economy
December 5, 2025

While the outlook for credit conditions over the next six months has improved, bank economists expect continued softening in credit quality and availability given the prospect of persistent labor market headwinds, according to ABA’s latest Credit Conditions Index.

Personal income increased in February

Personal income increased 0.4% in September

Economy
December 5, 2025

Personal income increased 0.4%, or $94.5 billion, in September, the Commerce Department said. The personal savings rate was 4.7%.

Consumer Sentiment declined in April

Preliminary: Consumer sentiment increased 2.3 points in December

Economy
December 5, 2025

The University of Michigan Consumer Sentiment Index rose 4.5% in December compared to the month prior, landing at 53.3, according to preliminary results for the month.

NEWSBYTES

FDIC, OCC repeal guidance on leveraged lending

December 5, 2025

Consumer credit increased in November

December 5, 2025

ABA DataBank: Volatility shifts as chances of rate cut increase

December 5, 2025

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: The outlook for tech-forward community banking

December 4, 2025

Podcast: The Erie Canal at 200

November 6, 2025

Podcast: Why branches are top priority for PNC

October 23, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2025 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2025 American Bankers Association. All rights reserved.