Saks Fifth Avenue, others alleged to have failed to protect private information of consumers

By Noddy A. Fernandez | May 22, 2018

WHITE PLAINS, N.Y. (Legal Newsline) – Two consumers from New Jersey and Texas allege they were subjected to credit fraud after a data breach at three department stores.

WHITE PLAINS, N.Y. (Legal Newsline) – Two consumers from New Jersey and Texas allege they were subjected to credit fraud after a data breach at three department stores.

Debbie Carthan and Mark Wade, individually and on behalf of all others similarly situated, filed a complaint on May 18 in the U.S. District Court for the Southern District of New York against Hudson's Bay Co., Saks Fifth Avenue LLC and Lord & Taylor LLC alleging negligence and other counts.

According to the complaint, the defendants were affected by a data breach announced by a "notorious hacking syndicate" in March. The plaintiffs, who are customers of the defendants, allege they experienced credit fraud as a result of the breach.

The plaintiffs allege that the defendants' "substandard security practices were allegedly the direct and proximate cause for the massive data breach compromising the personal information of millions of Americans," the suit states.

The plaintiffs holds Hudson's Bay Co., Saks Fifth Avenue LLC and Lord & Taylor LLC responsible because the defendants allegedly failed to design, adopt, implement, control, manage, monitor, update, and audit its processes, controls, policies, procedures and protocols for complying with the applicable laws and safeguarding and protecting consumers’ personal identification information.

The plaintiffs request a trial by jury and seek compensatory and punitive damages, declaratory and injunctive relief, attorneys' fees, litigation expenses, costs of suit, pre- and post-judgment interest, and such other and further relief the court deems just and proper. They are represented by Todd S. Garber and Chantal Khalil of Finkelstein, Blankinship, Frei-Pearson & Garber LLP in White Plains, New York.

U.S. District Court for the Southern District of New York case number 1:18-cv-04288-UA

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Finkelstein, Blankinship, Frei-Peason & Garber, LLP U.S. District Court for the Southern District of New York

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