Home Depot’s motion to dismiss FI data breach suit denied

May 18, 2016

U.S. District Judge Thomas Thrash Jr. denied Home Depot’s motion to dismiss a class action lawsuit brought by financial institutions regarding the retail giant’s 2014 data breach.

The Tuesday decision held that financial institution plaintiffs had stated valid claims for negligence and various state consumer deceptive trade practices by Home Depot that compromised 56 million credit and debit cards.

The U.S. District Court for the Northern District of Georgia, Atlanta division also denied the motion to dismiss associational plaintiffs, including those of CUNA and state credit union leagues, finding that they had standing to seek injunctive relief against Home Depot.

“CUNA and the state leagues continue to advocate on Capitol Hill for higher data protection standards for all merchants,” said CUNA President/CEO Jim Nussle. "This is a victory for credit unions as we continue to pursue every possible avenue to get merchants to raise their data security standards to protect consumers and card-issuing credit unions.”