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credit card breach

Already reeling from the Equifax breach, U.S. consumers received yet another unwanted cyber surprise ahead of one the biggest holiday shopping days of the year. According to Reuters, in mid-November, retailer Forever 21 announced that from at least March to October, an unknown amount of consumer payment cards at an undisclosed number of its worldwide stores had been breached.

The cyber incident was the latest in a string of breaches that have put consumers at risk for financial and indemnity fraud, which have spurred the growth and prominence of breach class action litigation.

But while far from an uncommon event, the Forever 21 breach may be unique in its aftereffects—or lack thereof. It is unclear, after all, whether those affected by the Forever 21 breach will be able to take the company to court over the disclosure of sensitive financial information. Ultimately, whether a class action will be possible or prove successful will depend on a variety of factors, including what financial information was stolen, how it was used, and how any fraud was discovered.

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Rhys Dipshan

CT-born, New York-based legal tech reporter covering everything from in-house technology disruption to privacy trends, blockchain, AI, cybersecurity, and ghosts-in-the-machine. Continually waiting for law to catch up with tech. (It's like waiting for Godot, but without the clowns)

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