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TJX settles with states for $9.75 million over data breach

Wednesday, June 24, 2009

Massachusetts-based retailer TJX Companies has settled with 41 states for $9.75 million in a lawsuit over the massive data breach in 2005-2006 that exposed millions of credit card holders to potential identity theft and fraud.

State attorneys general sued the company in 2007 alleging that TJX's data security systems contained vulnerabilities that allowed hackers to compromise the system, which went undetected for "an unacceptable duration," Massachusetts attorney general Martha Coakley said yesterday.

The settlement includes funds for data protection efforts by the states and $2.5 million to fund a Data Security Trust Fund to be used by the state attorneys general to advance enforcement.

TJX also agreed to upgrade all Wired Equivalency Privacy (WEP) based wireless systems in TJX retail stores to wired systems or Wi-Fi Protected Access (WPA) wired systems; and to segment customer data from the rest of the company's systems through firewalls and other protections.

As part of the agreement, TJX will "not store consumer data any longer than necessary for legitimate business purposes," Coakley said.

Jeffrey Naylor, chief financial and administrative officer of TJX, said yesterday that the company believes it did not violate any consumer protection or data security laws.

"The sheer number of attacks by cybercriminals demonstrates the challenges facing the U.S. payment card system in protecting sensitive consumer data," Naylor said.

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