In its recently-filed motion to dismiss claims of card-issuing banks arising from the September 2014 theft of payment card data from Home Depot point of sale terminals, Home Depot employs an approach typically used to respond to consumer claims. In payment card data breach cases, defendants typically argue that consumers lack standing to sue because card… Continue Reading
Tag Archives: Home Depot data breach
Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing
Posted in Class Action Litigation, Data Breach, Privacy LitigationHome Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because consumers rarely sustain out-of-pocket losses when their payment card numbers are stolen, lack of standing is typically the primary… Continue Reading
