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Lawsuits Filed Against TJX Companies and Fifth Third Bank in Nationīs Largest Personal Data Security Failure
PR Newswire - 01/31/07

BIRMINGHAM, Ala. and BOSTON, Jan. 31 /PRNewswire/ -- The Lamb Firm, LLC and the law firm of Whatley Drake & Kallas, LLC announced today the filing of the first lawsuits against the TJX Companies and Fifth Third Bank for the companies' collective failure in securing the personal data of millions of consumers. The lawsuit seeks protection and damages for the millions of unwitting customers injured by the failure of the defendants as well as protection and indemnification for the hundreds of banks affected.

The initial class action lawsuit was filed in the US District Court for the Northern District of Alabama on behalf of consumers on January 19, 2007 and the class action case on behalf of banks was filed in the US District Court for the District of Massachusetts on January 29, 2007. Class representatives include Jo Wood and Kate Willoughby of Birmingham, Alabama in the consumer case and AmeriFirst Bank of Union Springs, Alabama in the bank case.

"The magnitude of this failure by TJX and the Fifth Third Bank is international in its reach with the full extent of damages unknown until independent experts can investigate all of the issues. It is apparent the costs to customers and banks will be enormous," noted Archie Lamb, who along with Joe Whatley is primary counsel in the litigation. Whatley concurred noting that "this litigation seeks to ensure that those responsible for this massive failure to secure private information of unwitting consumers are also responsible for the cost to remedy the problem."

In May 2006, TJX Corporation's (owners of TJ Maxx, Bob's Goods, HomeGoods, and Marshalls) network was penetrated by an "unauthorized intruder." In January 2007, TJX issued a statement acknowledging the breach. TJX spokeswoman Sherry Lang indicated the data breach was discovered sometime in mid-December. Lang denied notification was delayed because of the impending holiday shopping season. TJX's statement occurred just hours after The Wall Street Journal reported TJX's security breach.

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