ATLANTA–Financial institutions that are part of a class-action lawsuit against The Home Depot over its data breach, which includes credit unions, are seeking to counter a move by the retailer after it asked the court for permission to freely community directly with absent class-action members about a potential settlement.
Law360.com reported that Home Depot wants to communicate with financial institutions about settlements it could reach with Visa and MasterCard.
However, reported Law360.com, the plaintiffs in the case, including 17 credit union organizations, say that the move could lead to the “distribution of coercive or misleading information.”
“Coupling receipt of the benefits of the [credit brand] recovery processes with a general release that prohibits class members from participating in this case is inherently misleading and ripe for abuse, particularly when class counsel are completely shut out of the process,” the plaintiffs told the Court. “To the extent that Home Depot is not attempting to issue coercive or misleading statements, it should have no problem presenting them first to class counsel and allowing the court to decide any disputes.”