The Target Data Breach Class Action
The Consolidated National Target Data Breach Class Action Complaint (PDF) was filed on 8/25/14.
The Target cases have been transferred (PDF) to Minnesota, Target’s home state.
How to Limit Your Losses
The Fair Credit Billing Act (FCBA) and the Electronic Fund Transfer Act (EFTA) offer protection if your credit, ATM, or debit cards are lost or stolen.
There are a number of Massachusetts statutes governing the use and misuse of credit cards. Most address criminal conduct, and unfair business practices. Some define the term “credit card.” They were all enacted before debit/credit cards issued by banks became prevalent. Case law indicates that these debit card amounts to the functional equivalent of a credit card. This is important, because the Massachusetts credit card privacy law (G.L. c. 93, § 105) should also apply to debit cards.
G.L. c. 93 § 104 (definitions for § 105 Credit cards; checks; personal identification information)
- “Credit Card”, any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit. Credit card shall not include a check guarantee card.
G.L. c. 140D §1 (Consumer Credit Cost Disclsoure; definitions)
- “Credit”, the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.
- “Credit card”, any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.
G.L. c. 266 § 37A (Misuse of credit cards; definitions)
- “Credit card”, any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit.
G.L. c. 266 § 37C (Fraudulent use of credit cards to obtain money, goods or services; false embossment of credit cards, multiple possession, presumption; arrest)
G.L. c. 140D § 27 (Unauthorized use of credit cards)
- “a debit card fits within the ambit of a “credit card” as defined for purposes of G.L. c. 266, § 37C. COMMONWEALTH v. RYAN, 79 Mass. App. Ct. 179, 183-186) (2011) .
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Under Investigation: -OVERDRAFT FEES- Eastern Bank, Middlesex Savings, Rockland Trust, Salem Five
ANNOUNCEMENT: You may have heard of (or been affected by) overdraft fees at Citizens Bank or Bank of America, and the class action lawsuits and settlements related to those overdraft fees.
There are four Massachusetts state-chartered banks which may have engaged in similar unfair practices related to overdraft fees. They are: (1) Middlesex Savings Bank; (2) Rockland Trust; (3) Salem Five; (4) Eastern Bank. Whenever bank transactions are re-ordered from highest to lowest to put customers into a negative balance – thereby causing a domino effect of overdraft fees, banking customers have been injured. This is especially true if you used a debit card for multiple purchases over a period of several days without realizing you had a negative balance.
If you have been a customer of any of the banks listed below, and you have paid overdraft fees, you are encouraged to contact us at (617)329-1295.
Bank Watch List:
Bank of America’s $5.00 Debit Card Fee is this greedy corporation’s latest outrage. Attorney Lloyd Constantine’s analysis of the subject is all you need to read to understand why this new fee is is so outrageous. His NY Times OP-Ed piece about Bank of America’s $5.00 Debit Card Fee is here.