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Bank of America will pay Connecticut $350,000 as part of a settlement for a data breach by Countrywide Financial Corp., which the bank acquired last year, state officials said Thursday. The bank will also provide at least $25,000 to reimburse Connecticut residents forced to pay for freezing and unfreezing their credit reports because of the breach, Attorney General Richard Blumenthal said. The major credit bureaus, Experian, Equifax and TransUnion, charge about $10 to freeze and unfreeze credit reports. Affected consumers will receive about $60 for credit freezes and unfreezes for all three credit bureaus, Blumenthal said. Nearly 30,000 state residents were affected by the nationwide breach, which came to light last August after the FBI arrested a former Countrywide employee on charges of selling personal information, including Social Security numbers, for as many as 2 million loan applicants. To be reimbursed, consumers must send proof of payment for their credit freezes and unfreezes to Blumenthal's office, 110 Sherman St., Hartford, CT 06105, attn: Countrywide Credit Freeze.

"In a sign that state attorneys general may be flexing the HIPAA enforcement muscle granted by the HITECH Act provisions in the Recovery Act, the Connecticut and Arizona attorneys general are investigating health plans that recently experienced data breaches that they failed to disclose for several months. Typically, state attorneys general prosecute only violations of state laws, but they now have authority to investigate and levy fines for violations of HIPAA and the HITECH Act, which requires mandatory notifications within two months of knowledge of a breach. Connecticut Attorney General Richard Blumenthal (D) has emerged as possibly the first AG to take on a HIPAA investigation, and Arizona's AG may also be pursuing a similar course. The larger of the two breaches that have come to the AGs' attention was experienced by Health Net, Inc., which lost a portable external hard drive containing seven years of data for 446,000 Connecticut residents. The lost data came from 1.5 million individuals in total, who also hailed from New Jersey and New York. Health Net reported the loss to the Connecticut AG on Nov. 19, and on the same day Blumenthal issued a scathing statement demanding answers and promising action. He specifically said he was investigating whether Health Net may have violated "federal laws," as well as his state's own data protection laws."

"This presentation contains statements of a forward-looking nature which represent our management's beliefs and assumptions concerning future events. Forward-looking statements involve risks, uncertainties and assumptions and are based on information currently available to us. Actual results may differ materially from those expressed in the forward-looking statements due to many factors, including without limitation, the impact that the significantly unfavorable economic conditions confronting the United States may have on our business, the results and effects the security breach of our processing system may have on us, including the costs and damages we may incur in connection with the claims arising from such breach that have been made and may in the future be made against us, the extent of cardholder information compromised and the possibility that such security breach could cause us to lose customers or make it difficult for us to obtain new customers, the possibility that we may not be successful in developing and implementing an end to end encryption solution, the possibility that if we are successful in developing and implementing an end to end encryption solution it may not prevent future security breaches of our payment processing system, and additional factors that are contained in the Company's Securities and Exchange Commission filings, including but not limited to, the Company's annual report on Form 10- K for the year ended December 31, 2008. We undertake no obligation to update any forward-looking statements to reflect events or circumstances that may arise after the date of this presentation. Topics / Agenda - The Future of Electronic Payments * What Is The Problem? The Cybercrimes Arms Race * Who Is Heartland Payment Systems? * What Happened and What Has/Will It Cost? * What Did We Do About It and What Are We Doing Now? * Massive Quantity/Quality of Breaches Call for Enhanced Solutions * Our New Solution Called E3 -