Two banks have dismissed their legal claims against managed service provider Trustwave and retailer Target following the massive breach reported last year.
Green Bank issued the dismissal on Monday, stating that Trustwave nor Target had been served with summons, and neither had filed an answer or motion for summary judgement. “Green Bank hereby dismissed their claims without prejudice to re-filling pursuant to Federal Rule of Civil Procedure,” it said. Trustmark National Bank issued a similar dismissal last Friday.
The move comes a week after Trustmark National Bank and Green Bank filed their original class action complaint against Target and Trustwave. The original complaint said that “Target and Trustwave failed their duties to 110 million customers” and it “falls to the Banks and the other Class members to protect those customers by reissuing their credit and debit cards”’. The two banks and other class members “have therefore been damaged by defendants’ actions and are entitled to recover those damages”.
Trustwave, said to be the managed service provider to Target who failed to detect the breach, was alleged to have “failed to bring Target’s systems up to industry standards”.
Following this, Trustwave CEO Robert McCullen said the company was looking “forward to vigorously defending ourselves in court against these baseless allegations”.
He denied that Target outsourced its data security or IT obligations to Trustwave, that Trustwave monitored Target’s network or process cardholder data for Target.