Ameritrade data theft settlement gets court OK - 0 views
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Karl Wabst on 12 May 09More than 6 million current and former customers of online brokerage TD Ameritrade Holding Corp. will be able to benefit from the settlement of a class-action lawsuit filed over the theft of client contact information. Formal notice of a settlement agreement will be sent to people who used TD Ameritrade's services before mid-September 2007. U.S. District Judge Vaughn Walker in San Francisco approved a revised version of the settlement agreement earlier this month despite some misgivings about it. Last summer, Walker rejected an earlier version of the deal. Anyone who held an Ameritrade account or provided an e-mail address to the company before Sept. 14, 2007, could benefit from the lawsuit. The database that was breached included information on 6.2 million people. The plaintiffs in the lawsuit said they received unwanted e-mail ads about certain stocks. The ads appeared to be designed to manipulate the value of thinly traded stocks. Ameritrade officials and one of the lead plaintiff's attorneys, Scott Kamber, have said the data theft has not been linked to cases of identity theft. As part of the proposed settlement, the Omaha-based company will pay nearly $1.9 million in legal fees and cover the cost of one year of anti-spam service for the victims. Ameritrade also promised to better protect customer data. Those terms have not changed from the original proposed settlement. But the new agreement will more clearly state that Ameritrade customers were at risk of identity theft, and it will preserve customers' ability to pursue identity theft claims against Ameritrade. Most of the changes to the agreement happened because the Texas Attorney General's Office and a former named plaintiff objected to the previous deal. In his order, the judge questioned whether the settlement does enough to benefit Ameritrade clients whose information was stolen. "The court is particularly concerned that TD Ameritrade has agreed to pay the class counsel $1.87 million and yet the