Some Banks Try Again For Class-Action Heartland Lawsuit
January 21st, 2010Shortly after Heartland tried to sweep away most of the lawsuits against it with a series of recent negotiated settlements, a group of banks is trying to persuade other banks to reject the settlement offer and support a class-action lawsuit instead.
The lawsuit, filed Tuesday (Jan. 19), hit Heartland hard for its “lack of Payment Card processing system security; its desire to use a ‘lowest bidder’ system of selecting its outsourced IT ‘auditors’; its reliance on a ’snapshot’ telling it that, at one identifiable point in time, its system supposedly complied with the bare minimum industry standards; its startlingly poor IT oversight in general; and (Heartland’s) complete and utter disregard of the oversight responsibilities they had to their fellow members of the Associations that allowed the intruders to make trip after trip in and out of the Heartland Payment Card processing system.” The lawsuit also referenced Heartland’s initial response to the attack. “Thirteen months later, the ‘clean up’ efforts would be seen for what they were—worthless.” (Pause. But other than that, Mrs. Lincoln, how was the play?)
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This "clarification" is causing a lot of panic with large FS clients who now appear to be non-compliant after spending 7 figure sums on their compliance programs.
-J- R