Emily Westridge Black in Law360: Target’s $10M Breach Settlement Sets Affordable Standard


Despite its relatively cheap price tag, Target Corp.'s proposed $10 million settlement of a class action over its massive 2013 data breach isn’t likely to be surpassed in the near future, given how difficult it has been for plaintiffs to show harm for which companies need to compensate consumers…

Under the agreement, the consumers who stand to collect the most money from the settlement pot will need to prove that they suffered cognizable damages such as unauthorized, unreimbursed charges on their accounts; card replacement fees; and late fees that were the result of the fraudulent charges, expenses that attorneys pointed out are often covered by the banks that issue the credit cards...

“In the motion to dismiss ruling, the court made a point of saying that it would be difficult for plaintiffs to show damages and other elements on a common basis moving forward,” Haynes & Boone LLP attorney Emily Westridge Black said. “The order likely had an effect on both parties, in making the plaintiffs see that this was going to be a difficult case to win on a class basis and Target see that it was going to be a long and hard battle to get rid of the case, and the number we're seeing in the settlement reflects that.”

Excerpted from Law360. To read the full article, click here (subscription required).

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