Judge dismisses bank claims against Heartland over 2008 breach

US District Judge Lee Rosenthal dismissed nine of 10 causes of action from the class action lawsuit filed by nine banks against credit card processor Hartland Payment Systems, according to a report by Courthouse News Service.

The nine dismissed causes of action were breach of contract, breach of implied contract, express misrepresentation, negligent misrepresentation based on nondisclosure, and violations of the California Unfair Competition Law, the Colorado Consumer Protection Act, the Illinois Consumer Fraud and Deceptive Business Practices Act, and the Texas Deceptive Trade Practices-Consumer Protection Act.

The judge allowed the remaining claim, that Heartland violated the Florida Deceptive and Unfair Trade Practices Act; he also gave the banks the ability to amend the dismissed claims, according to the report.

Heartland's systems were compromised after hackers placed sniffer malware on its systems and were able to pilfer credit card details from the company's network. The company was hit by numerous lawsuits by banks, credit card companies, and consumers accusing it of failing to protect data and not meeting the industry standard for protection.

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