On March 8, 2016, the Court preliminarily approved a settlement reached between Home Depot and the consumer plaintiffs in In re The Home Depot, Inc., Customer Data Security Litigation, No. 1:14-md-02583-TWT. The Court found that the settlement was fairly negotiated between the parties’ counsel and that it is fair and reasonable.
$13 Million Settlement Fund
Home Depot will create a $13 million settlement fund to reimburse class members for losses and expenses they spent as a result of the Home Depot data breach. This includes costs spent to purchase credit monitoring, to place a freeze on credit reports, and late fees due to identity theft caused by the Home Depot data breach.
Class members who can submit documents to show these losses will be able to claim up to $10,000, including up to five hours of time spent to resolve issues related to the data breach at $15 per hour. Class members may alternatively self-certify that they spent time to resolve issues related to the data breach to receive compensation for up to two hours at $15 per hour.
Free Identity Guard Monitoring Services
Class members will also be able to sign up for 18 months of free credit monitoring services provided by Identity Guard’s “Essentials” package, normally retailed at $9.99 per month. This service provides many benefits, including Social Security number monitoring, online black market monitoring, lost wallet protection, and identity theft insurance of up to $1 million.
For more information on the services provided under this package, please visit Identity Guard’s website.
Data Security Measures at Home Depot Stores
The settlement also requires Home Depot to implement certain minimum data security measures for 2 years. These measures include:
- Performing routine assessments to identify risks to the security of customer information on its systems;
- Implementing reasonable safeguard to manage those risks;
- Providing customers with clear written disclosures about what customer information it stores and how it uses that information’
- Educating and training its employees on the privacy and security of customer information; and
- Encrypting all payment card data at the time that the data is entered for a sale, implementing EMV chip card technology, and Home Depot cannot retain payment card data after the transaction is authorized.
Our Case Leadership
Girard Gibbs founding partner Daniel C. Girard was appointed to the Consumer Cases Steering Committee in this Home Depot data breach class action. He was also appointed to the Consumer Cases Steering Committee in the settled class action lawsuit regarding the Target data breach. Mr. Girard is also Lead Counsel in the pending lawsuit regarding the Office of Personnel Management data breach that affected millions of former and current government employees.
Our Data Breach Experience
The attorneys at Girard Gibbs work hard to hold companies accountable for data breach violations. We have represented data breach victims in a number of lawsuits, including those concerning recent data breaches targeting Certegy Check Services, and Health Net. We also represent plaintiffs in the Sony Pictures data breach, the Anthem security breach, and in In re Adobe Systems, Inc. Privacy Litigation, No. 13-CV-05226-LHK case, where Judge Lucy H. Koh of the U.S. District Court for the Northern District of California ruled that the plaintiffs had standing to sue based on an increased risk of future harm from the data breach.