ATLANTA (12/2/15)-- Plaintiffs, including credit unions, in a class action suit against Home Depot are seeking an emergency hearing after learning that Home Depot has sent communications regarding a settlement agreement between the retail giant and MasterCard International Inc.
The class action lawsuit was brought against Home Depot over its massive data breach in 2014, which CUNA estimates cost credit unions alone $60 million.
Named plaintiffs and putative class members “were sent highly misleading and coercive communications regarding a settlement agreement,” according to Monday’s filing with the U.S. District Court for the Northern District of Georgia, Atlanta division.
The mailings were sent without notice to class counsel and prior to resolution of Home Depot’s own motion requesting permission to communicate with absent class members. Also, the communications were sent before the Thanksgiving holiday with short decision deadlines of Dec. 2 or Dec. 8.
Based on these conflicting communications, counsel representing the financial institution class in the Home Depot matter filed a request that the court oversee communications, set aside any deadlines relating to the settlement and require Home Depot to provide the settlement and related documents to class members so that they can make an informed decision as to whether to participate in the settlement or not.
Financial institution plaintiffs also requested that Home Depot be required to produce the settlement, communications regarding the settlement, and identify those who have been sent the settlement communications.
Home Depot has admitted 56 million credit and debit cards were compromised nationwide.
CUNA continues to fight for legislation that would strengthen cybersecurity requirements for merchants, which don’t face the same very strict standards with which financial institutions must comply.