Clapper Defense No Sure Bet In Home Depot Breach Suits
Law360, New York (September 11, 2014, 8:45 PM EDT) -- Home Depot Inc. is likely to point to the U.S. Supreme Court's landmark Clapper ruling to fend off the class actions piling up over its recent data breach, but attorneys say plaintiffs are quickly learning that they can bypass the defendant-friendly 2013 decision by proving that their data has been misused or that they relied on false security pledges.
Consumers in Georgia filed the first class action against Home Depot on Sept. 4, four days before the home improvement retailer confirmed that hackers had breached its customers' payment card data. Since the confirmation, consumers in Illinois and Missouri have brought three...
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