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Home Depot counterattacks financial institutions over MasterCard issues

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The Home Depot Inc. has fired back a response to last week's filing by plaintiffs attorneys representing financial institutions in litigation over its 2014 cyber breach.

The plaintiff attorneys' filing had angrily denounced a contingent settlement reached with MasterCard Inc. and recommended its clients reject it.

The plaintiffs attorneys charged that Home Depot “has sought to convince financial institutions that issued MasterCard-branded payment cards to accept a 'settlement' that by all available indications offers inadequate reimbursement for the losses caused by its data breach.”

The plaintiffs' motion seeks a hearing on the notices and that the retailer be required to provide copies of the proposed settlement.

In its response, filed Monday in U.S. District Court in Atlanta, Home Depot states the counsel of the banks' lead plaintiffs “were so desperate to disrupt Home Depot's lawful participation in the Card Brand Recovery Process that they put statements in a court filing that they had to know were patently false.”

Home Depot states the plaintiffs' brief is unauthorized and that it “did not send or authorize and was not even aware of the communications they complain about.”

The Home Depot brief also states the plaintiffs attorneys' filing is procedurally improper and “misrepresents virtually all of the pertinent facts” discussed, and that they are not entitled to the requested documents.

A spokesman for the plaintiffs attorneys could not immediately be reached for comment.