United States of America v. Kohl's Department Stores Inc.
Published: Aug. 21, 2020 | Result Date: Jun. 10, 2020 | Filing Date: Jun. 8, 2020 |Case number: USDC Wisconsin: 2:20-cv-00859-LA Settlement – $220,000
Attorneys
Plaintiff
Joseph H. Hunt
(U.S. Dept. of Justice)
Speare I. Hodges
(U.S. Dept. of Justice)
Ethan P. Davis
(King & Spalding)
Elisa Jillson
(Federal Trade Commission)
Whitney A. Moore
(Federal Trade Commission)
Defendant
Alysa Z. Hutnik
(Kelley, Drye & Warren LLP)
John E. Villafranco
(Kelley, Drye & Warren LLP)
Donnelly L. McDowell
(Kelley, Drye & Warren LLP)
Facts
The Department of Justice on behalf of the Federal Trade Commission filed a complaint against Kohl's Department Stores, Inc. alleging Kohl's violated the Fair Credit Reporting Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant became aware of the mass theft of its customer's personal information by identity thieves but did not provide them with complete transaction records. Plaintiff also contended that defendant knew that it was required, under the FCRA, to provide customers with information identifying the thieves, stolen information, records of sale or transactions, and the perpetrator's contact information. Plaintiff also contended that defendant failed to supply any information to its customers within the prescribed 30 day FCRA timeline.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The court approved a $220,000 stipulated settlement agreement between the parties. Defendant was also required to provide identity theft victims, who verify their identity and their identity theft, access to records of transactions related to the theft within 30 days. Defendant must also provide a notice on its website informing identity theft victims how to obtain this information and reach out to the identity theft victims who were denied access to the records.
Other Information
JUDGE: Hon. Lynn A. Adelman.
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