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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

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

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

Days after Visa seemingly confirmed that a data breach had taken place at a third payment processor, following on the recent breach disclosures by Heartland Payment Systems and RBS WorldPay, the credit card company now is saying that there was no new security incident after all. In actuality, Visa said in a statement issued Friday, alerts that it sent recently to banks and credit unions warning them about a compromise at a payment processor were related to the ongoing investigation of a previously known breach. However, Visa still didn't disclose the identity of the breached company, nor say why it is continuing to keep the name under wraps. Visa said that it had sent lists of credit and debit card numbers found to have been compromised as part of the investigation to financial institutions "so they can take steps to protect consumers." It added that it currently "is risk-scoring all transactions in real-time, helping card issuers better distinguish fraudulent transactions from legitimate ones." Visa's latest statement follows ones issued by both it and MasterCard International earlier this week in response to questions about breach notices that had been posted by several credit unions and banking associations. The notices made it clear that they weren't referring to the system intrusion disclosed by Heartland on January 20 and suggested that a new breach had occurred.

Heartland Payment Systems, a credit card processor, may have had up to 100 million records exposed to malicious hackers. Payment processors CheckFree and RBS Worldpay, and employment site Monster.com have all reported data breaches in recent months, as have universities and government agencies. Experts at Wharton say that personal data is increasingly a liability for companies, and suggest that part of the solution may be minimizing the customer information these companies keep.

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Visa Inc. said recent alerts it sent to credit card issuers are not related to a new breach, countering reports that a second payment processor had been compromised. In a statement issued Friday, San Francisco-based Visa said the alerts "were part of an existing investigation and are not related to a new compromise event." Credit unions last week reported receiving alerts from Visa and MasterCard about credit and debit card accounts that were exposed in the breach of a payment processor. They reported that the compromise was unrelated to the breach announced by Heartland Payment Systems in January. Information about newly affected accounts was relayed to banks and credit unions Feb. 9, via Visa's Compromised Account Management System (CAMS). The system, which informs banks of compromised account numbers, gives issuers the ability to monitor, close, or block the compromised accounts. Visa's statement did not say what existing investigation the alerts are related to and a company spokesman said he couldn't provide that detail. "Visa has provided the affected accounts to financial institutions so they can take steps to protect consumers," the company said in its statement. "In addition, Visa is risk-scoring all transactions in real-time, helping card issuers better distinguish fraud transactions from legitimate ones." Rich Mogull, an independent consultant and founder of security consultancy Securosis LLC said it's impossible to draw any conclusions based on the Visa statement. "It doesn't say if the breach is public or not, so it may be older but not revealed yet," he wrote in an email. "In other words, it just adds to the confusion. I assume the full story will come out eventually, and since they don't identify the breach it's hard to really evaluate this at all." Heartland disclosed Jan. 20 that its systems were compromised by a hacker in 2008. The breach forced hundreds of banks and credit unions to replace thousands of credit and debit cards.

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

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.

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.

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.

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.

A security breach at credit card processor and payroll services administrator Heartland Payment Systems Inc. has proven costly, driving the company to a first-quarter loss. The nation's sixth-largest payment processor reported a loss of $2.5 million, or 6 cents a share, compared with a profit of $9 million, or 23 cents a share, the year before. The results included expenses and accruals of $12.6 million, or 20 cents a share, resulting from a security breach in which criminals secretly installed spying software on its computer network.

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.

Two credit-card payment processors are offering to cover merchants' fines and penalties in the event of a data breach. However, the two companies, Heartland Payment Systems and Mercury Payment Systems, have different requirements that must be met before a merchant would qualify for coverage. For Mercury, the retailer would have to prove it was Payment Card Industry Data Security Standard-compliant (PCI DSS) at the time of a breach. "This is an enticement program to get merchants involved in PCI compliance," Jim Mackay, Mercury's vice president of marketing, told SCMagazineUS.com Friday. "Though there are critics who say that PCI does not go far enough, at least it's a step in the right direction."

"* 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. "

Individuals have been at risk of having their personal information stolen and used to commit identity-related crimes long before the emergence of the Internet. What the Information Age has changed, however, is the method by which identity thieves can access and exploit the personal information of others. One method in particular leaves hundreds of thousands, and in some cases tens of millions, of individuals at risk for identity theft: large scale data breaches by skilled hackers. In this method, criminals remotely access the computer systems of government agencies, universities, merchants, financial institutions, credit card companies, and data processors, and steal large volumes of personal information on individuals. Such large scale data breaches have revolutionized the identity theft landscape as it relates to fraud on existing accounts through the use of compromised credit and debit card account information. Large scale data breaches would be of no more concern than small scale identity thefts if criminals were unable to quickly and widely distribute the stolen information for subsequent fraudulent use (assuming, of course, that the breach would be quickly detected). Such wide-scale global distribution of stolen information has been made possible for criminals with the advent of criminal websites, known as "carding forums," dedicated to the sale of stolen personal and financial information. These websites allow criminals to quickly sell the fruits of their ill-gotten gains to thousands of eager fraudsters

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The recent U.S. stimulus bill includes $18 billion to catapult the health industry toward the world of electronic health records. This is sure to light a fire under every hungry security vendor to position itself as the essential product or service necessary to achieve HIPAA compliance. It should also motivate healthcare IT professionals to learn where their sensitive data is located and how it flows. To be sure, with federal money allocated through 2014 for the task of modernizing the healthcare industry there will be many consultant and vendor businesses that will thrive on stimulus money. Healthcare is unique in that storage of electronic health records is highly distributed between primary care physicians, specialist doctors, hospitals, and insurance/HMO organizations. Information has to be efficiently shared among these entities with great sensitivity towards patient privacy and legitimate claims processing. Patients want to prevent over zealous employers from performing unauthorized background checks on medical history; claim processors want to prevent paying fraudulent claims arising from targeted patient identity theft. The bill has two provisions which turn this into a tremendously challenging plan, and a daunting task for securing patient data: * Citizens will have the right to monitor and control use of their own health data. This implies a large centralized identity and access control service, or perhaps a federated network of patient registration directories. Authenticated users will be able to reach into the network of health databases audit use of their data and payment history. * Health organizations suffering loss of more than 500 patient records must publicly disclose the breach, starting with postings on the government's Health and Human Services website. This allows related organizations to trace the impact of the breach throughout the healthcare network, but care must be taken not to disclose vulnerabilities in the system to intruders

With the ink barely dry on headlines about what could be the biggest security breach in history (identity thieves hacked into payment processor Heartland Payment Services, possibly gaining access to the credit-card information of millions of consumers) signing up for a credit-monitoring service may have jumped a few notches on your to-do list. After all, paying $12 or so a month seems like a small price to pay for the peace of mind that -- through regular alerts about activity on your credit reports and other monitoring services -- you'll be protected from identity theft. Right? Think again.

A nationwide ATM heist late last year netted thieves $9 million in cash in one day, according to published reports. The coordinated attack stemmed from a computer intrusion at payment processor RBS WorldPay. Atlanta-based RBS WorldPay announced on Dec. 23 that hackers had broken into its database and made off with personal and financial data on 1.5 million customers of its payroll cards business. Some companies use payroll cards in lieu of paychecks by depositing employee salaries or hourly wages directly into payroll card accounts, which can then be used as debit cards at ATMs. RBS said that thieves also might also have accessed Social Security numbers of 1.1 million customers. New York's Fox 5 cites FBI sources as saying that thieves used the stolen payroll cards recently to withdraw $9 million from ATMs from 49 cities, including Atlanta, Chicago, New York, Montreal, Moscow, and Hong Kong. Steve Lazarus, a spokesman for the FBI's Atlanta field office, said the withdrawals were carried out by a small army of so-called "cashers," or people who work with cyber thieves and fabricated cards to pull money out of compromised accounts. From the Fox piece: "Shortly after midnight Eastern Time on November 8, the FBI believes that dozens of the so-called cashers were used in a coordinated attack of ATM machines around the world."

Until now, lawsuits seeking to recover significant damages based on the loss of, or unauthorized access to, sensitive personal information have not been especially successful for plaintiffs. Most companies suffering data breaches have escaped by offering affected consumers inexpensive credit monitoring services. But two recent cases show plaintiffs a way to expose many previously safe companies to substantial claims for damages. Any company that thinks there are no risks in employing less than best practices for data privacy and security needs a wake up call. The headlines are all too familiar. Some well known consumer services company (or less known wholesale data processor) announces that millions of individual records containing names, Social Security numbers, account numbers and other sensitive information were left in a dumpster, saved to a stolen, unencrypted laptop, or stored on a misplaced USB drive or backup tape. The press is terrible, the company's stock takes a temporary plunge, and sometimes the Federal Trade Commission enters into a consent decree where the company promises to never do it again. But when affected individuals or groups of consumers tried to sue for damages, they seldom recover significant amounts. These cases have not often succeeded because the plaintiffs have been unable to prove actual pecuniary losses resulting from the security breach. Sure, if identify theft occurs the affected individuals can suffer significant emotional trauma, loss of time, etc. But Courts have been unwilling to award damages for anxiety, fear, and other emotional harm that can result from a data breach, for the risk of future identify theft, or for actual identity theft when the plaintiff could not prove that the theft occurred as a direct result of a data breach at a particular source. Most companies facing claims based on data breaches have been able to settle cheaply by offering to provide credit monitoring services, which most consumers do not use, resu