Banks pulls out of class-action suit against Target, Trustwave

Trustmark National Bank is volunarily dismissing its claims

One of the two banks suing Target and security vendor Trustwave over responsibility for one the largest data breaches in history has pulled out of the lawsuit.

Trustmark National Bank, of New York, filed a notice of dismissal of its claims on Friday in U.S. District Court for the Northern District of Illinois.

It had joined Green Bank of Houston in the class-action suit, which claims Target and Trustwave failed to stop the theft of 40 million payment card details and 70 million other personal records.

The suit may have wrongly named Trustwave as one of Target's IT security contractors. After the suit was filed on March 24, Trustwave said it would not comment on pending litigation and customarily does not identify its customers. Many agreements with IT vendors and customers are confidential.

But on Saturday, Trustwave's Chairman and CEO Robert J. McCullen added more clarity by writing a letter on its website saying Target did not outsource its data security or IT obligations to the company.

"Trustwave did not monitor Target's network, nor did Trustwave process cardholder data for Target," McCullen wrote.

Lawyers for Trustmark and Green Bank did not respond to an email asking for comment. It was unclear if Green Bank might take similar action or amend the suit. Trustmark could refile the suit and drop Trustwave as a plaintiff.

The lawsuit was notable for its aim to widen the circle of responsibility for a data breach, which burden banks with the cost of reissuing cards. The suit, which asks for a jury trial, seeks unspecified compensatory and statutory damages.

It was not clear from the class-action suit why the bank thought Trustwave was a supplier for Target, although the company has a large business advising companies on compliance issues related to payment card data.

The suit alleged that Trustwave scanned Target's network on Sept. 20, 2013, and told Target no vulnerabilities were found. It further maintained that Trustwave failed to bring Target's systems up to industry standards.

Card companies such as Visa and MasterCard require vendors to comply with PCI-DSS, which is a set of recommendations for preventing the loss of cardholder data.

Both Target and Neiman Marcus confirmed malicious software on their point-of-sale (POS) systems intercepted data after payment cards were swiped while it was briefly held unencrypted in the device's memory.

Send news tips and comments to Follow me on Twitter: @jeremy_kirk

Join the CSO newsletter!

Error: Please check your email address.

Tags Trustmark National BanktrustwavesecurityGreen Bankdata breachCivil lawsuitslegal

More about TrustmarkTrustwaveVisa

Show Comments

Featured Whitepapers

Editor's Recommendations

Solution Centres

Stories by Jeremy Kirk

Latest Videos

  • 150x50

    CSO Webinar: The Human Factor - Your people are your biggest security weakness

    ​Speakers: David Lacey, Researcher and former CISO Royal Mail David Turner - Global Risk Management Expert Mark Guntrip - Group Manager, Email Protection, Proofpoint

    Play Video

  • 150x50

    CSO Webinar: Current ransomware defences are failing – but machine learning can drive a more proactive solution

    Speakers • Ty Miller, Director, Threat Intelligence • Mark Gregory, Leader, Network Engineering Research Group, RMIT • Jeff Lanza, Retired FBI Agent (USA) • Andy Solterbeck, VP Asia Pacific, Cylance • David Braue, CSO MC/Moderator What to expect: ​Hear from industry experts on the local and global ransomware threat landscape. Explore a new approach to dealing with ransomware using machine-learning techniques and by thinking about the problem in a fundamentally different way. Apply techniques for gathering insight into ransomware behaviour and find out what elements must go into a truly effective ransomware defence. Get a first-hand look at how ransomware actually works in practice, and how machine-learning techniques can pick up on its activities long before your employees do.

    Play Video

  • 150x50

    CSO Webinar: Get real about metadata to avoid a false sense of security

    Speakers: • Anthony Caruana – CSO MC and moderator • Ian Farquhar, Worldwide Virtual Security Team Lead, Gigamon • John Lindsay, Former CTO, iiNet • Skeeve Stevens, Futurist, Future Sumo • David Vaile - Vice chair of APF, Co-Convenor of the Cyberspace Law And Policy Community, UNSW Law Faculty This webinar covers: - A 101 on metadata - what it is and how to use it - Insight into a typical attack, what happens and what we would find when looking into the metadata - How to collect metadata, use this to detect attacks and get greater insight into how you can use this to protect your organisation - Learn how much raw data and metadata to retain and how long for - Get a reality check on how you're using your metadata and if this is enough to secure your organisation

    Play Video

  • 150x50

    CSO Webinar: How banking trojans work and how you can stop them

    CSO Webinar: How banking trojans work and how you can stop them Featuring: • John Baird, Director of Global Technology Production, Deutsche Bank • Samantha Macleod, GM Cyber Security, ME Bank • Sherrod DeGrippo, Director of Emerging Threats, Proofpoint (USA)

    Play Video

  • 150x50

    IDG Live Webinar:The right collaboration strategy will help your business take flight

    Speakers - Mike Harris, Engineering Services Manager, Jetstar - Christopher Johnson, IT Director APAC, 20th Century Fox - Brent Maxwell, Director of Information Systems, THE ICONIC - IDG MC/Moderator Anthony Caruana

    Play Video

More videos

Blog Posts