ATLANTA (8/19/15)--Counsel representing CUNA, and state credit union league and credit union plaintiffs, in Home Depot data breach litigation are about file a brief opposing a motion to dismiss.
On July 1 Home Depot filed a motion in the U.S. District Court for the Northern District of Georgia, Atlanta division to dismiss the consolidated class action complaint filed against it by credit unions and others.
Home Depot asserts in its brief that it believes the plaintiffs lack legal standing to sue and that the claims asserted against Home Depot are not actionable under a variety of legal theories. Plaintiffs believe that Home Depot’s claims lack merit and will argue the motion should be denied.
The judge’s ruling on the motion is expected later this year.
Attorney’s representing CUNA and other plaintiffs are optimistic the ruling will be favorable to credit unions and the matter will then proceed to the discovery phase of litigation where the formal exchange of information between the parties will occur, according to Susan Parisi, CUNA chief counsel.
CUNA joined credit unions, credit union associations and other financial institutions around the country as a plaintiff in the class-action lawsuit against Home Depot that seeks recovery and injunctive relief associated with the retail giant's massive 2014 data breach.
Home Depot has acknowledged that 56 million credit and debit cards were compromised as the result of the breach.
CUNA has been heavily involved in the issue of merchant data breaches by corresponding and meeting with federal lawmakers and their staffs and will continue all efforts to ensure any and all data security-related bills afford credit union members with the greatest protection possible.