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Exactly one week after the Heartland Payment Systems (HPY) breach was first announced to the public, the first lawsuit has been filed against the payments processor. The class action lawsuit filed Tuesday by Chimicles & Tilellis LLP of Haverford, PA in the U.S. District Court for the District of New Jersey on behalf of Woodbury, MN resident Alicia Cooper, asserts that Heartland "made unreasonably belated and inaccurate statements concerning the breach." The complaint says Heartland does not appear to be offering any credit monitoring services or other relief to consumers affected by the breach. Chimicles & Tilellis' complaint also says in addition to the questionable timing of the announcement of its breach, (Read Heartland Class Action suit PDF) "there are materially misleading statements and omissions in Heartland's public description of the breach and its consequences." Heartland announced the breach in a press release on the same morning of President Barack Obama's inauguration. The law firm says it is suing on behalf of consumers whose sensitive financial information was compromised in the data breach at Heartland. The complaint raises a claim pursuant to the New Jersey Consumer Fraud Act, and asserts causes of action for negligence, breach of implied contract, breach of contracts to which Plaintiffs and Class members were intended third party beneficiaries, breach of fiduciary duty, and negligence. The payments processor did not disclose how many credit card account numbers were compromised as a result of the breach. Heartland is the fifth largest payment processor in the country and handles 100 million transactions per month for more than 250,000 small retailers, gas stations, restaurants and other small and midsized companies. The suit also states that Heartland only became aware of the breach after it was notified of patterns of fraudulent credit card activity by VISA and MasterCard. "Analysts have stated that the fact that Heartland did not detect th

Payment processor Heartland Payment Systems has been sued over a data breach it disclosed publicly on Inauguration Day last week. The lawsuit, filed on Tuesday in U.S. District Court in Trenton, N.J., alleges that Heartland failed to adequately safeguard the compromised consumer data, did not notify consumers about the breach in a timely manner as required by law, and has not offered to compensate consumers for costs they may incur in protecting themselves from identity fraud. In a statement that coincided with President Barack Obama's inauguration events, Heartland said the breach occurred last year but that it found evidence of the intrusion only in the previous week and immediately notified law enforcement and credit card companies. Heartland was alerted in late October to suspicious activity surrounding processed card transactions by Visa and MasterCard and hired forensic auditors who uncovered malicious software that compromised data in the company's network, said Robert H.B. Baldwin Jr., chief financial officer of Heartland, last week. The lawsuit seeks damages and relief for the "inexplicable delay, questionable timing, and inaccuracies concerning the disclosures" with regard to the data breach, which is believed to be the largest in U.S. history. Heartland executives have declined to specify how many consumers or accounts were affected. The company handles 100 million transactions per month for more than 250,000 merchants. The lawsuit, first reported by SearchSecurity news site, also accuses Heartland of negligence in taking more than two months to determine the existence and scope of the breach and criticizes the company for failing to identify which merchants were affected by the breach. The suit was filed on behalf of Woodbury, Minn., resident Alicia Cooper, who was notified last week by her credit union that a card associated with her account was included in the breach. It seeks class action status. A Heartland spokesman said the company could no

In an indication of the legal troubles that companies can find themselves in over data breaches these days, several banks and credit unions have begun suing Heartland Payment Systems Inc. over its recently disclosed data breach. In the six weeks since the potentially massive breach was disclosed, eight banks and credit unions have filed lawsuits against Heartland over its alleged failure to take adequate measures for protecting credit and debt cardholder data. Heartland said on Jan. 20 that unknown intruders had broken into its network sometime last year and accessed payment card data belonging to an undisclosed number of customers. The breach, thought to possibly be the biggest ever disclosed, has already affected over 500 financial institutions, including a handful in the Bahamas, Bermuda and Canada. The lawsuits seek compensation from Heartland for the costs that the financial institutions said they've had to bear in notifying affected customers about the breach and in reissuing new payment cards. The lawsuits also claim damages from Heartland for costs of the alleged fraud that the banks claimed have resulted from the breach.

Two Philadelphia law firms have filed class action suits on behalf of all cardholders in the U.S. who had their credit or debit card data stolen in the Heartland Payment System (HPY) data breach. This brings to three the total number of class action lawsuits filed against the Princeton, NJ-based payments processor. The law firm of Berger & Montague filed a class action suit in the U.S. District Court for the District of New Jersey, alleging Heartland's failure to safeguard cardholder data when the company's computer systems were hacked and cardholder data was stolen. Heartland says last year it processed 100 million card transactions per month, but an unknown number of cards were impacted by the breach. The law firm says fraudulent activity has occurred on some of those cards. The law firm alleges that Heartland's security measures and intrusion detection systems were inadequate. "Because of Heartland's inadequate data security, cardholders have had their card information compromised, have been exposed to the risk of fraud, have spent and will spend time to monitor their accounts and dispute fraudulent charges, and have suffered other economic damages," the law firm says in its statement regarding the suit. Berger & Montague were also co-lead counsel in the consumer class action suit brought against TJX Companies, which resulted in a $200 million settlement. The third class action lawsuit filed in February against Heartland comes from Sheller P.C. of Philadelphia, PA. Sheller's suit against Heartland has similar charges against the payment processor. Sheller P.C. also filed its class action lawsuit in the U.S. District Court for the District of New Jersey. Sheller P.C. has also filed a consumer class action suit against RBS WorldPay for its security breach that was made public on Dec. 23, 2008. Previously, Chimicles & Tilellis LLP of Haverford, PA filed suit in the U.S. District Court for the District of New Jersey on behalf of Woodbury, MN resident Alicia Co

Don't expect a letter from Monster or Heartland Payment Systems letting you know they've lost your data. The breaches at Monster.com and Heartland Payment Systems are raising questions about the efficacy of data-loss disclosure laws enacted in at least 45 states. Back in 2007 we wrote about how the financial services industry lobbied hard to block proposed federal rules requiring organizations to notify individuals whose data they lose, and to permit consumers to freeze their credit histories. States such as California and Massachusetts have passed laws giving consumers these rights. But the Monster and Heartland capers have brought weaknesses in the legislation to center stage. I asked Lisa Sotto, head of privacy and information management at law firm Hunton & Williams, about this: Q: Heartland and Monster told me they intend to comply with all state laws. That said, they have not announced plans to notify individual victims. Is that OK? A: In the state breach notification laws, it is permissible to delay notification if a law enforcement agency determines that notification would impede a criminal investigation. If such a delay is requested by law enforcement, notification must be made after the law enforcement agency determines that notice would not compromise the investigation. I do not know if these companies received a delay request from a law enforcement agency. Q: Monster says it chose not to email individual victims because the bad guys could then replicate that message and use it as a phishing template. That makes sense. But is that allowed by state consumer protection laws? A: There are now 45-plus state laws and they are not uniform. Typically, notice is provided via first class mail, but there are provisions in the state laws allowing for electronic notice as well. Q: The only official notices from Heartland and Monster so far has been one-page disclosures posted on a web site. Does that cover them? A: There are provisions in the state laws al

Heartland Payment Systems, the sixth-largest payments processor in the U.S., announced Monday that its processing systems were breached in 2008, exposing an undetermined number of consumers to potential fraud. Meanwhile, Forcht Bank, one of the 10 largest banks in Kentucky, told its customers it would begin reissuing 8,500 debit cards after being informed by its own card processor of a possible breach. In the case of Heartland, while the company continues to assess the damages inflicted by the attack, Robert Baldwin, the company's president and CFO, says law enforcement has already noted that the attack against his company is part of a wider cyber fraud operation. "The indication that it is tied to wider cyber fraud operation comes directly from conversations with the Department of Justice and the U.S. Secret Service," Baldwin says. The company says it believes the breach has been contained. Heartland, headquartered in Princeton, NJ, handles approximately 100 million transactions per month, although the number of unique cardholders is much lower. "It is still a question as to the percentage of the data flow they were able to get," Baldwin says, adding he would not speculate on the number of cards potentially exposed. Specifics surrounding when the breach occurred are still being analyzed. But Baldwin says two forensic auditing teams have been working on the breach analysis and investigation since late 2008, after Heartland received the notification from Visa and MasterCard. The investigation began immediately after the credit card companies told Heartland they saw suspicious activity surrounding processed card transactions. Described by Baldwin as "quite a sophisticated attack," he says it has been challenging to discover exactly how it happened.

It's funny. Was it just a month ago that we were enjoying the holiday respite, wondering what 2009 would have in store for us? Mind you, I didn't have any delusions. After the breaches, news events and regulatory issues of 2008, I didn't think we were going to turn the calendar page and emerge in a new world of a healthy economy and soaring consumer confidence. But neither did I think, four weeks later, we'd already have our first major security breach of the year - Heartland Payment Systems (HPY) and that it would so dominate our industry's attention. I get it, though, why we're so enamored of this case. It speaks to our biggest fears, first of all, that unknown electronic assailants can sneak into our systems and pry away our customers' names and critical information. Then there's the unknown enormity - we truly don't know how big this breach was. And, finally, it hits home. For you, the banking institution, you're the one left replacing your customers' cards and explaining why. For me, the banking customer ... well, mine is one of the banks doing the explaining. Needless to say, we're monitoring accounts closely. So, we were among the first to break the Heartland story when it first broke last Tuesday, and we've continued to follow it closely. After the initial media surge, where we saw news outlets and solutions providers tripping over one another to opine over what they think happened to Heartland and what it all means, here is what I believe we've learned so far from the case: 1) The Damage Goes Far Beyond the Breach. Heartland execs absolutely did the right thing by stepping forward last week and saying "We were breached," but the company has suffered for it ever since. The market responded to the news by gutting the company's value from over $14 per share last Tuesday to a low of just under $8 this week. Reputationally, you just can't measure the damage - Heartland is now synonymous with "breach," and that's a tough tag to shake. Unable to answer quest

Visa Inc. last week removed breached payment processors Heartland Payment Systems Inc. and RBS WorldPay Inc. from its list of companies that are compliant with the PCI data-security rules. But analysts said the move may be more about protecting Visa itself than about safeguarding payment card data. In a terse statement issued last Friday, Visa said it was removing Heartland and RBS WorldPay from its list of service providers compliant with PCI (download PDF) in response to the recent data breaches disclosed by each company. The decision to delist the two payment processors was based on "compromise event findings," Visa said without elaborating. The company added that it would "consider" putting Heartland and RBS WorldPay back on the compliant list, but only after they are recertified by a third-party assessor. Meanwhile, reports posted by online news site BankInfoSecurity.com and several blogs that follow the payment card industry also cited a March 12 letter from a Visa executive to banks notifying them that Heartland was now "in a probationary period" during which it would have to meet more stringent security requirements than usual. Strictly speaking, Visa's actions mean that merchants can't use either Heartland or RBS WorldPay to process payments if they themselves want to remain compliant with the PCI rules, which are formally known as the Payment Card Industry Data Security Standard (PCI DSS), said Gartner Inc. analyst Avivah Litan.

Heartland Payment Systems CEO discusses breach, previews speech Not a week had passed after the announcement of what some have described as the largest data breach ever, when the CEO of Heartland Payment Systems, Robert Carr, began calling for better industry cooperation and new efforts directed at preventing future breaches. Recently, Carr announced that trials will begin late this summer on an end end-to-end encryption system Heartland is developing with technology partners. It is expected to be the first system of its kind in the U.S. The company is also pushing for an end-to-end encryption standard. At the upcoming Practical Privacy Series in Silicon Valley, Carr will discuss the Heartland breach and the role industry, including privacy professionals, must play to prevent future breaches. Here's a preview: IAPP: Many companies have experienced breaches. What made yours different? Ours was different because we are a processor and had passed six years of PCI audits with no problems found. Yet, within days of the most recent audit, the damage had begun. IAPP: Did you have a chief privacy office or a privacy professional on staff before your breach? Do you now? Ironically, when we learned of the Hannaford's breach, we hired a Chief Security Officer who started just three weeks before the breach began. IAPP: In the era of mandatory breach reporting, what is the trajectory of consumer reaction? As a processor it is difficult to really know this. Our customers are merchants who accept card payments. IAPP: Do you think consumers will become numb to breach notices? I believe that many are numb to so many intrusion notices. IAPP: Are breach notices good public policy? Do the notices provide an incentive for companies to change or improve practices? I don't think so. Nobody wants to get breached and the damage caused by a breach is sufficient reason for most of us to do everything we can to prevent them. IAPP: What has Heartland done differentl

Heartland Payment Systems Inc., which announced a breach of potentially millions of credit and debit cards last month, said it plans to vigorously defend itself against lawsuits filed as a result of the data breach. In a filing with the Securities and Exchange Commission, Heartland Chairman and CEO Robert Carr acknowledged the claims that cardholders, card issuers, the credit card brands, regulators, and others have asserted, or may assert, against the payment processor as a result of the breach and the impact it could have on the business. Several class action lawsuits have been filed against Heartland, claiming that the payment processor issued belated and inaccurate statements when it announced a security breach of its systems. Carr He said the company could not "reasonably estimate the potential impact of the breach on the day-to-day operations" of the business. "We intend to vigorously defend any such claims and we believe we have meritorious defenses to those claims that have been asserted to date," Carr said. "At this time we do not have information that would enable us to reasonably estimate the amount of losses we might incur in connection with such claims." The Princeton, N.J.-based payment processor announced Jan. 20 that its systems were breached last year when intruders installed malware to pilfer data crossing the company's network. Since then, Sherriff's authorities in Tallahassee, Fla. arrested three suspects for using stolen credit card numbers to make purchases at local Wal-Mart stores. The credit card numbers used by the trio were allegedly stolen from the Heartland processing center in New Jersey. Carr said the company's sales force was doing well despite the obvious challenges caused by the combination of the downturn in the economy and the data security breach. The payment processor's current customer base has responded positively, he said. "In the weeks since our announcement of the breach, we have installed more margin, and have a bit

Government Information Security Podcasts Credit Eligible As a GovInfoSecurity.com annual member, this content can be used toward your membership credits and transcript tracking. Click For More Info Heartland Breach -- What it Means to Banking Institutions: James Van Dyke, Javelin Strategy & Research January 29, 2009 The Heartland Payment Systems data breach - it's the first major security incident of 2009. But how big is it really? What are the key takeaways for banking institutions left explaining this breach to their customers? In an exclusive interview, James Van Dyke, Founder and President of Javelin Strategy & Research, discusses the implications of the Heartland case, offering insight on: Conclusions we can draw from the Heartland breach; How banking institutions should communicate with their customers; Vulnerabilities we should watch to avoid the next big breach. Van Dyke is founder and president of Javelin Strategy & Research. Javelin is the leading provider of independent, quantitative and qualitative research for payments, multi-channel financial services, security and fraud initiatives. Javelin's clients include the largest financial institutions, card issuers and technology vendors in the industry.

"* To pay all costs tied to administration of settlement * To pay class members' attorney costs Dec 21 (Reuters) - Credit card processor Heartland Payment Systems Inc (HPY.N) said it would settle consumer cardholder class actions tied to claims arising from breach of its system by cyber thieves, and pay up to $2.4 million to class members submitting valid claims. Heartland agreed to pay a minimum of $1 million to class members and take up settlement-related administration costs, including up to $1.5 million for the cost of notice to the settling class. The company will pay up to $760,000 of the costs of attorneys representing the class members. Heartland said it could terminate the deal if costs of notice exceeded $1.5 million, or if it received more than 2,500 requests for exclusion from the settlement class. The deal settles all intrusion-related proceedings by consumers who used the payment cards between Dec. 6, 2007 and Dec. 31, 2008, including those who may allege to have suffered losses, the company said in a statement. Heartland, which agreed to pay $3.6 million last week to settle claims with American Express Co (AXP.N) related to the criminal breach, reported in January this year that cyber thieves hacked its payment system and stole credit card information. Shares of the New Jersey-based company were down 18 cents at $13.29 Monday morning on the New York Stock Exchange. "

Nearly one week after news emerged of the big data breach at Princeton, N.J.-based merchant acquirer Heartland Payment Systems Inc., it remains unclear how much damage actually happened and who did it. One report suggests Heartland's breach-related legal liabilities could approach $98 million, an estimate a Heartland spokesperson dismisses as speculative. The spokesperson tells Digital Transactions News on Monday that the so-called "sniffer" program secretly planted on one of Heartland's payment-processing platforms was not being used when investigators found it about two weeks ago. "It was inactive," the spokesperson says. "I want to be specific to say it was inactive," he adds, clarifying that the hackers hadn't deliberately disabled or deactivated it. Robert Carr, Heartland's chief executive, meanwhile, issued a statement calling for better industry cooperation and new operational procedures to prevent future data compromises, including industrywide, end-to-end encryption to fully protect cardholder data. Heartland uses encryption, but industry procedures leave data unencrypted during one brief point of the authorization process-a weakness that hackers have learned to exploit. Carr also said Heartland is working on its own system of end-to-end encryption.

Legal woes may be next for Heartland Payment Systems, a payment processor that reported a major security breach this week. Depending on the results of the ongoing investigation, Heartland is likely to face the threat of litigation from issuing banks, merchants and consumers, says Scott Vernick, an attorney with Fox Rothschild LLP in Philadelphia, who specializes in data theft cases. "The businesses that use Heartland as a credit card processor, as well as thousands of consumers, will be anxiously watching for any negative impact, including harm to their business reputations, and the real possibility of identity theft or fraud," says Vernick. The fact that Heartland's systems were certified as being fully in compliance with data handling rules, called the PCI standards, raises questions about the efficacy of such standards. Hannaford Brothers grocery chain was likewise fully PCI compliant when it had 300 stores hacked and 4.3 million record swiped..... "This latest incident shows how, despite companies being compliant with regulations such as PCI, they are still a long way from being secure," says Mike Rothman, senior vice president of strategy at elQnetworks.

A very heated reaction has followed the interview I conducted yesterday with Robert Carr, CEO of Heartland Payment Systems. One reader even said the resulting Q&A made his "blood boil." Why the outrage? Because Carr did something a lot of people find unacceptable. He threw someone else under the proverbial bus for his company's failure to keep customer credit and debit card numbers out of evil hands. Specifically, he thrust an angry finger at the QSAs who came in to inspect the security controls Heartland had in place to meet the requirements of PCI security. In the article, [Heartland CEO on Data Breach: QSAs Let Us Down] Carr said, "The audits done by our QSAs (Qualified Security Assessors) were of no value whatsoever. To the extent that they were telling us we were secure beforehand, that we were PCI compliant, was a major problem. The QSAs in our shop didn't even know this was a common attack vector being used against other companies. We learned that 300 other companies had been attacked by the same malware. I thought, 'You've got to be kidding me.' That people would know the exact attack vector and not tell major players in the industry is unthinkable to me. I still can't reconcile that." That one comment brought down the house, and not in a favorable way. "I just read Bill Brenner's interview with Heartland Payment Systems' CEO Bob Carr and truthfully, my blood is boiling," Mike Rothman, SVP of strategy at eIQnetworks and chief blogger at Security Incite wrote in a counterpoint piece CSOonline ran today. "Basically, he's throwing his QSA under the bus for the massive data breach that happened under his watch. Basically, because the QSA didn't find anything, therefore he should be off the hook. I say that's a load of crap."

A New Jersey credit-card processor disclosed a data breach that analysts said may rank among the biggest ever reported. Heartland Payment Systems Inc. said Tuesday that cyber criminals compromised its computer network, gaining access to customer information associated with the 100 million card transactions it handles each month. The company said it couldn't estimate how many customer records may have been improperly accessed, but said the data compromised include the information on a card's magnetic strip -- card number, expiration date and some internal bank codes -- that could be used to duplicate a card. Heartland, of Princeton, N.J., processes transactions for more than 250,000 businesses nationwide, including restaurants and smaller retailers. Avivah Litan, an analyst at research company Gartner, called it the largest card-data breach ever, based on her conversations with industry executives. Previously, the largest known breach occurred when around 45 million card numbers were stolen from retail company TJX Cos. in 2005 and 2006. Robert Baldwin, Heartland's president and chief financial officer, said it was too early to say how many records were accessed and that calling it the largest-ever breach would be "speculative." Representatives of Visa Inc. and MasterCard Inc. alerted Heartland to a pattern of fraudulent transactions on accounts the processor handled sometime last fall, Mr. Baldwin said. But an internal investigation and audits failed to detect a security breach. Last week, however, a forensic investigator discovered evidence of the breach. Mr. Baldwin said Heartland was targeted with malicious software that was "light-years more sophisticated" than malevolent programs commonly downloaded from the Internet.

It's been four years since data broker ChoicePoint acknowledged the data security breach that put it in the middle of a media firestorm and pushed data protection to the top of the infosecurity community's priority list. Since then, the business world has made plenty of progress hardening its data defenses -- thanks in part to industry standards like PCI DSS and data breach disclosure laws (click to see state-by-state map) now in place. But the latest data breach to grab headlines illustrates how vulnerable organizations remain to devastating network intrusions. Heartland Payment Systems, the Princeton, N.J.-based provider of credit and debit processing, payment and check management services, admitted Tuesday it was the victim of a data breach some quickly began citing as the largest of its kind. The company discovered last week that malware compromised card data across its network, after Visa and MasterCard alerted Heartland to sinister activity surrounding processed card transactions. The Shadow of ChoicePoint The Heartland breach comes roughly four years after ChoicePoint announced -- as required by California's SB 1386 data breach disclosure law -- that conmen stole personal financial records of more than 163,000 consumers by setting up fake business requests. Since then, much bigger incidents have occurred, most notably the TJX data breach that exposed more than 45 million debit and credit card holders to identity fraud. Heartland President and CFO Robert H.B. Baldwin Jr. said Tuesday that 100 million card transactions occur each month on the compromised systems used to provide processing to merchants and businesses. As of Tuesday, the Privacy Rights Clearinghouse estimated that a total of 251,164,141 sensitive records had been compromised since early 2005. Up to 15 separate cases have been reported since Jan. 1, 2009.

Visa Inc.'s top risk management executive today dismissed what she described as "recent rumblings" about the possible demise of the PCI data security rules as "premature" and "dangerous" to long-term efforts to ensure that credit and debit card data is secure. Speaking at Visa's Global Security Summit in Washington, Ellen Richey, the credit card company's chief enterprise risk officer, insisted that despite recent data breaches at two payment processors, the Payment Card Industry Data Security Standard (PCI DSS) "remains an effective security tool when implemented properly." Richey added that breaches such as the ones at Heartland Payment Systems Inc. and RBS WorldPay Inc. were shaping public opinion and obscuring what otherwise has been "substantial progress" on the security front over the past year. "I'm sure that everyone in this room has read the headlines questioning how an event of this magnitude could still happen today," Richey said, referring to the Heartland breach. "The fact is, it never should have" - and indeed wouldn't have if Heartland had been vigilant about maintaining its PCI compliance, according to Richey. "As we've said before," she continued, "no compromised entity has yet been found to be in compliance with PCI DSS at the time of a breach." Pointing to Visa's decision last week to remove both of the breached payment processors from its list of PCI-compliant service providers, Richey said that Heartland would face fines and probationary terms that were proportionate to the still-undisclosed magnitude of the breach. "While this situation is unfortunate, it does not make me question the tools we have at our disposal," she said of the PCI rules.

Heartland Payment Systems Inc. said it was experiencing losses this quarter as a direct result of a massive data breach it disclosed in January when investigators discovered a malicious program sniffing credit card data passing through its systems. The company said it took a $2.5 million loss for the quarter as a result of spending more than $12.6 million in legal bills, fines from MasterCard and Visa and administrative costs. The announcement was made during the company's financial earnings call, where Carr said the costs associated with the breach could continue to climb. "Our defense of the claims regarding the processing system intrusion remains ongoing," he said. "Much of the legal work remains to be done and it is difficult to anticipate when these matters will come to a conclusion." Carr also admitted for the first time that since the Princeton, N.J.-based processing giant announced a breach of its systems, some of the payment processor's clients have switched to competitors as a result of the breach. He said some competing processors resorted to scare tactics. "We have had many competitors that have been very supportive and professional, and we certainly don't want to tar all of our competitors with the same brush," Carr said. "We have had some competitors telling merchants falsely that they would be fined $10,000 a day if they stay with Heartland. We think we're through the worst of that." Car said less than $1 million of the breach costs were fines levied by MasterCard and Visa against the company's sponsored banks. The fines are being contested, he said. More than $500,000 relates to a fine assessed by MasterCard against the sponsored banks in which the card company said Heartland failed to take appropriate action upon learning that a breach was suspected. Carr said the fine is in direct violation of both the MasterCard rules and law.

Heartland Payment Systems chief executive Robert Carr remembers what it felt like when he first heard about the massive data breach at his company earlier this year. "I wanted to throw up. It was devastating," says Carr, recalling how he felt upon realizing that one of his worst fears had come true. "People had asked me for years 'what keeps you awake at night' and I would keep telling them it was the fear of a data breach," he told Computerworld. Five months after Heartland announced what some think may be the biggest data breach ever, Carr is working over-time to limit the fallout from the incident, and the damage to the company's reputation.