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TJX Settlement. More Proof That Security Investment Is Really Hard To Justify

Written by Evan Schuman
September 7th, 2009
Not that it was needed, but more proof materialized this month that substantial security investments are really hard to justify. TJX announced Sept. 2 what will likely be the last of the settlements of class action lawsuits against it from the data breach of its systems that began in 2005 and which impacted more than 100 million payment cards.

Last Wednesday (Sept. 2), TJX struck quite a bargain and settled with the handful of remaining banks. In settling all charges with four different financial institutions—AmeriFirst Bank, HarborOne Credit Union, SELCO Community Credit Union and Trustco Bank—TJX agreed to pay $525,000 to be split between the four businesses. Was that punitive or was that something closer to a nuisance payment for the $19 billion retail chain? Punitive would generally mean covering all legal costs plus reimbursing the banks for all out-of-pocket costs and then paying them something to compensate them for the pain of the litigation. The payment specifically excluded legal fees. According to the statement TJX issued, the settlement didn't even cover all of the banks' out-of-pocket expenses let alone offer anything for their efforts. Oh and it also allowed TJX to say that it "has denied all wrongdoing." The amount enough that it was already covered in a reserve that TJX took back in the second fiscal quarter of 2007.

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