The Mercury News Weekend

Target to pay $10M on breach of data

Customers affected by 2013 hack can file for up to $10,000

- By Steve Karnowski and Michelle Chapman

A Minnesota judge has endorsed a settlement in which Target will pay $10 million to settle a class-action lawsuit over a massive data breach in 2013.

U.S. District Judge Paul Magnuson granted preliminar­y approval of the settlement after a hearing Thursday in St. Paul, Minnesota. The move will allow people to begin filing claims ahead of another hearing for final approval, which was scheduled for Nov. 10.

People affected by the breach can file for up to $10,000 with proof of their losses, including unauthoriz­ed charges, higher fees or interest rates, and lost time dealing with the problem.

“Target really needs to be commended for being willing to step up,” Magnuson said.

Target’s data breach in 2013 exposed details of as many as 40 million credit and debit card accounts and hurt its holiday sales that year. The company offered free credit monitoring for affected customers and overhauled its security systems.

The settlement also would require Minneapoli­s-based Target to appoint a chief informatio­n security officer, keep a written informatio­n security program and offer security training to its workers. It would be required to maintain a process to monitor for data security events and respond to such events deemed to present a threat.

“We are pleased to see the

process moving forward and look forward to its resolution,” Target spokeswoma­n Molly Snyder said in an emailed statement.

Claims mostly will be submitted and processed online through a dedicated website.

Vincent Esades, an attorney for Target customers, said after the hearing that the settlement could end up costing Target $25 million, when attorneys’ fees and administra­tive costs are added in.

He said consumers likely will be able to start filing claims around April 30, and 100 million people may be eligible. Consumers can claim up to $10,000 if they can document unreimburs­ed losses; after those claims are paid out, the rest of the settlement funds will be divided among consumers who state under oath that they suffered a qualifying loss, but don’t have documentat­ion. People who’ve already been fully reimbursed aren’t eligible, he said.

Esades said customers who opt out of the settlement have the right to object. Since the funds can’t be paid out until all appeals are resolved, he said, the earliest that customers would see any money would be early next year.

Target attorney David McDowell declined to comment after the hearing.

The chain has worked hard to lure back customers that were hesitant to shop there after the incident. Over the 2014 holiday season, Target offered free shipping on all items. It recently announced that it was cutting its minimum online purchase to qualify for free shipping in half to $25.

Target’s bounce back from a turbulent stretch including the data breach and exit from Canada has been met with optimism on Wall Street. The retailer’s stock traded above $80 for the first time Monday.

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