Attorneys representing banks and credit unions in a suit against Home Depot have won permission from a Georgia district court to examine controversial communications sent to card issuers about a proposed settlement related to the retailer’s 2014 data breach.

The ruling came after attorneys for the plaintiffs objected to emails that went to financial institutions the week of Thanksgiving. The communications, sent by third-party payment processors, indicated Home Depot and MasterCard had reached a proposed settlement regarding the data breach but withheld key information, according to the attorneys, who then requested an emergency hearing. Calling the offers “misleading” and “coercive,” they also asked the judge to unwind any settlements those financial institutions may have accepted.

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Tina Orem


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