In 2007, Berger & Montague filed a class action suit on
behalf of all consumers in the United States whose personal and
financial data were stolen by computer hackers from the computer
network of TJX Companies, Inc. (TJX). Berger & Montague
was one of three co-lead counsel appointed by the Court.
The complaint alleged that TJX was negligent for failing to
maintain adequate computer data security of customers' personal
data. Data was stolen from TJX's computer network that handle
personal and financial information for millions of customers,
including information related to credit cards, debit cards, and
transactions for returned merchandise. The stolen information
included: (i) credit and debit card information; and (ii) drivers'
license, military ID, and state ID information with accompanying
names and addresses. The drivers' license numbers in many instances
matched the individuals' social security numbers.
The hackers accessed information related to at least 45 million
credit or debit cards and approximately 450,000 customers' driver's
license, military ID, or state ID information. The data
breach was reportedly the then-largest computer theft of personal
data in history.
The parties agreed to settle the case, and the court granted
final approval of the settlement in 2008. The case was
settled for benefits valued at over $200 million. Class members
whose driver's license numbers were at risk were entitled to two
years of credit monitoring and identity theft insurance (a value of
$390 per person based on the retail cost for this service),
reimbursement of actual identity theft losses, and reimbursement of
driver's license replacement costs. Class members whose
credit and debit card numbers were at risk were entitled to cash of
$15-$30 or store vouchers of $30-$60.