TJX Hit With Another Bank Lawsuit

Written by Evan Schuman
September 3rd, 2008

Almost a year after TJX settled with banks and bank associations impacted by the worst data breach in credit card history, another bank has come forward with its own lawsuit against the retailer, claiming the incident compromised some 4,000 of its customer accounts.

TrustCo, which operates more than 100 banks nationwide, filed the lawsuit in the New York Supreme Court against TJX in July, saying that it had never been invited to participate in the initial group of banks suing TJX.

This bank’s accusations mirror the other banks’ charges, namely that TJX "breached its duties, allowed an unlawful intrusion into its computer system, failed to protect against such intrusion, and allowed personal and financial information of plaintiff TrustCo and its customers to be accessed by third parties."

TJX also responded to TrustCo’s lawsuit in the same way the company dealt with the other banks in court, by saying that any losses Trustco incurred because it reissued payment cards after the breach was its own fault, with the retailer painting the bank’s actions as "unnecessary and unreasonable." TJX said that TrustCo failed to implement policies or procedures that would have allowed the bank to avoid canceling and replacing customer debit cards, including installing certain fraud-detection software, monitoring international transactions and implementing transaction limits.


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Why Did Gonzales Hackers Like European Cards So Much Better?

I am still unclear about the core point here-- why higher value of European cards. Supply and demand, yes, makes sense. But the fact that the cards were chip and pin (EMV) should make them less valuable because that demonstrably reduces the ability to use them fraudulently. Did the author mean that the chip and pin cards could be used in a country where EMV is not implemented--the US--and this mis-match make it easier to us them since the issuing banks may not have as robust anti-fraud controls as non-EMV banks because they assumed EMV would do the fraud prevention for them Read more...
Two possible reasons that I can think of and have seen in the past - 1) Cards issued by European banks when used online cross border don't usually support AVS checks. So, when a European card is used with a billing address that's in the US, an ecom merchant wouldn't necessarily know that the shipping zip code doesn't match the billing code. 2) Also, in offline chip countries the card determines whether or not a transaction is approved, not the issuer. In my experience, European issuers haven't developed the same checks on authorization requests as US issuers. So, these cards might be more valuable because they are more likely to get approved. Read more...
A smart card slot in terminals doesn't mean there is a reader or that the reader is activated. Then, activated reader or not, the U.S. processors don't have apps certified or ready to load into those terminals to accept and process smart card transactions just yet. Don't get your card(t) before the terminal (horse). Read more...
The marketplace does speak. More fraud capacity translates to higher value for the stolen data. Because nearly 100% of all US transactions are authorized online in real time, we have less fraud regardless of whether the card is Magstripe only or chip and PIn. Hence, $10 prices for US cards vs $25 for the European counterparts. Read more...
@David True. The European cards have both an EMV chip AND a mag stripe. Europeans may generally use the chip for their transactions, but the insecure stripe remains vulnerable to skimming, whether it be from a false front on an ATM or a dishonest waiter with a handheld skimmer. If their stripe is skimmed, the track data can still be cloned and used fraudulently in the United States. If European banks only detect fraud from 9-5 GMT, that might explain why American criminals prefer them over American bank issued cards, who have fraud detection in place 24x7. Read more...

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