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Heartland Security Breach Class Action: Victims $1925, Lawyers $600,000
Fluffeh writes "Back in 2007, Heartland had a security breach that resulted in a 130 million credit card details being lifted. A class action suit followed and many thought it would send a direct message to business to ensure proper security measures protecting their clients and customers. With the Heartland case now over and settlements paid out and divided up, the final breakdown is as follows: Class members: $1925 (11 cases out of 290 filed were 'valid'). Lawyers for the plaintiff class action: $606,192. Non-Profits: around $1,000,000 (The Court ruled a minimum of $1 million in payouts). Heartland also paid its own lawyers around $2 million. Eric Goldman (Law Professor) has additional commentary on his Law Blog: 'The opinion indicates Heartland spent $1.5M to advertise the settlement. Thus, it appears they spent over $130,000 to generate each legitimate claim. Surprisingly, the court blithely treats the $1.5M expenditure as a cost of doing business, but I can't wrap my head around it. What an obscene waste of money! Add in the $270k spent on claims administration, and it appears that the parties spent $160k per legitimate claimant. The court isn't bothered by the $270k expenses either, even though that cost about $1k per tendered claim (remember, there were 290 total claims).'"
$2k total out of almost $4m on the case is *justice* when being sued for a credit card breach?
Laws are written by lawyers, administered by lawyers, and judged by lawyers.
You can't understand laws without lawyers, you can't hope to defend yourself in court without a lawyer.
You do realize the system is set up to require a lawyer, right?
And no lawyer has any real stake in simplifying or reducing the input of lawyers.
You were mistaken. Which is odd, since memory shouldn't be a problem for you
That might be the most idiotic thing I have ever read. What constitutes justice about paying money to a infinitesimal minority of the total affected people?
Because the total affected people were barely affected, and none of them would have been able to get a lawyer to fight this individually for them.
What is justified about paying lawyers a salary for this boondoggle?
They fronted the expense for the lawsuit and fought it... for 5 years. They managed to catch the company doing something really, really wrong, fought them in court, and won, forcing the company to change their ways. What isn't justified about paying them for that 5 years of work?
You're trying to imply there was nothing better that could have been done with millions of dollars?
I'm sure the company's CEO would have liked to buy another jet with it.
The courts shouldn't care about costs. Right. That's a pretty stupid attitude.
Thinking lawyers shouldn't get paid when they force a company to stop being evil is a pretty stupid attitude, too.
Most of them end up with the actual aggrieved getting $20 and the lawyers getting the six-figure payout.
Most of them take years and the lawyers don't get paid until the end. What's wrong with someone getting a six-figure payout for, as in this one, 5 years of work? Particularly when that six figure payout is divided among all of the lawyers on the team, their paralegals, their secretaries, their IT guy, etc.? You think IT guys should have to work for free?
The current system of class action lawsuits is not libertarian. It is an opt out system. The plaintiffs get to include you in the class seeking the lawsuit without your permission. This is completely backwards on how it would work in a free system. In a free system a plaintiff could ask if you want to join them and you are free to do so. The current system is only supported by regulations that allow a plaintiff to include you without your consent. They just send you a very lengthy scary legal letter that you have to sign to opt out. Most people including myself don't sign them because I don't want to read 20 pages of legal jargon and sign my name to it.
I love Jesus, except for his foreign policy.
And a grand total of $0 towards preventing any future data breaches.
A fair settlement in any data loss case would include significant steps taken towards preventing the same thing from happening again.
If your bank removed all of the fraudulent charges, then you do not have a loss.
As someone who has had a fraudulent charge on my account, and as the person who submitted this story, I am amazed by your statement. I chased my (previous) bank for three weeks, made numerous phone calls and had to go into a branch twice to get my account re-imbursed the charges. If you can call that "no loss" then you must clearly place exceptionally little value on your own time and effort. Even if the bank reimbursed me for my time at my normal salary-per-hour rate, it would have been substancially more than the measly $200 that Heartland paid out to these 11 "valid" claims.
I am also quite curious about how you can claim that out of 130,000,000 credit card details that were stolen, a $2,000 settlement to victims who were really "found" is okay. People who pinch credit card details don't do it because they are bored. They don't do it to see if they can. Someone clever enough to do this sort of operation is very much likely going to sit on the cards for a while, then charge them $1 each with a statement comment of "interest fee" or "aministration fee", sell them to others for a pittance in bunches and have them see what they can rifle through before they are caught (which means that countless individuals again go through a laborious process of showing that it wasn't them spending the cash) or any other number of means to money without getting caught. I would have hoped that this class action case would have been a resounding "Pay attention to security of your customers, else it will cost you a LOT of money" message to all the other merchants out there, but sadly it has been much more of a "Meh, you win some, you lose some, you still foot the bill to the customers in the long run..." message. It is nothing short of shameful.
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And who would write a bill to reform the system? Lawyers?