Most people in Miami who use their credit or debit cards when they shop probably don’t give the swipe of their card a second thought. However, a lot of important and private information is passed every time a card is used. That leads to the question, of whether or not a store has the legal obligation to make sure that data is secure and whether or not a store can be held liable if that data is breached.
In what could be the first of many lawsuits like it around the country, a woman in Louisville, Kentucky has filed a breach of contract suit against Target Corp. in regards to the nationwide data breach that could have exposed the credit and debit information of as many as 40 million people. The woman claims in the suit, which was filed in U.S. District Court, that target violated the Kentucky Consumer Protection Act.
The suit claims both breach of contract and negligence against Target and is attempting to represent anyone or any business in Kentucky that may have had his or her personal information compromised in the data breach. According to the suit, the woman, and all other Target shoppers have been forced to spend their time and energy and in some cases their money, in order to try to resolve any issues the breach may have caused, or have the potential to cause.
This case has the potential to affect millions of people and if the judge rules in this woman’s favor it could open the door to thousands of similar lawsuits around the country, including in the Miami area. If you find yourself in a similar situation involving a business dispute then you should consider speaking with an experienced business litigation attorney.
Source: WDRB, “Louisville woman files class-action suit over Target data breach,” Chris Otts and Tamara Evans, Jan. 16, 2014