TJ Maxx 2006 Annual Report Download - page 33

“all individuals resident in Saskatchewan or throughout Canada and elsewhere, who have communicated confidential
debit and credit information to the Defendants in 2003 or between May 1, 2006 and December 31, 2006.” The complaint
also names “Winners Apparel Inc.” and “HomeSense Inc.” as defendants and asserts claims for negligence, breach of
confidence and violation of privacy. The plaintiff seeks general and pecuniary damages, punitive damages, interest,
attorney’s fees and costs.
On January 26, 2007, a putative class action was filed against TJX in the Superior Court of Los Angeles County,
California, Lemley v. TJX, Inc., et al., BC365384. The action was subsequently removed to the United States District
Court for the District of California (docket no. 07-cv-01017), where plaintiff filed an amended complaint. On March 15,
2007, the Court issued an order remanding the action back to the Superior Court, and TJX is seeking further review of
that order. The plaintiff in the action purports to represent a class of “all TJX customers who made credit card
transactions at TJX’s stores during the period that the security of defendants’ computer systems were compromised and
the privacy or security of whose credit card, check card, or debit card account, transaction or non-public information
was compromised.” The complaint, as amended, asserts claims for negligence per se, negligence, bailment, breach of
contract, and violation of California Civil Code § 17200, California Civil Code § 1798.80-84, and California Civil Code §
1798.53. The action also includes Bob’s Stores Corp. and Fifth Third Bancorp as defendants. The plaintiff seeks
compensatory, statutory and punitive damages, credit monitoring, injunctive and equitable relief including
disgorgement of profits and appointment of a receiver, attorney’s fees, costs and interest.
On January 26, 2007, a putative class action was filed against TJX in the Superior Court of Justice, Ontario,
Canada, Wong, et ano. v. The TJX Companies, Inc., et al., Court File No. CV-07-0272-00. The plaintiffs purport to
represent a putative class of “all persons (including their estates, executors, or personal representatives), corporations,
and other entities, who have communicated personal, debit card, or credit card information to the defendants in 2003,
or between May 1, 2006 and December 31, 2006; which information was later stolen or released to unauthorized third
parties.” The complaint also names “Winners Apparel Inc.,” “Winners Merchants International LP” and “HomeSense
Inc.” as defendants and asserts claims for negligence, breach of confidence and violation of privacy. Plaintiffs seek
compensatory damages, punitive damages, interest, attorney’s fees and costs.
On January 29, 2007, a putative class action was filed against TJX in the United States District Court for the
District of Massachusetts, Mace v. TJX Companies, Inc., 07-cv-10162. The plaintiff purports to represent a class of “all
persons or entities in the United States who have had personal or financial data stolen from TJX’s computer network,
and who were damaged thereby.” The complaint asserts a claim for negligence and seeks compensatory damages, credit
monitoring, injunctive relief, attorney’s fees, costs and interest.
On January 31, 2007, a putative class action was filed against TJX in the United States District Court for the
District of Puerto Rico, Miranda, et al. v. TJX, Inc., et ano., 07-cv-01075. The plaintiffs purport to represent a class of “all
TJX customers who made credit card transactions at TJX’s stores during the period that the security of defendants
computer systems were compromised and the privacy or security of whose credit card, check card, or debit card
account, transaction or non-public information was compromised.” The complaint asserts claims for negligence per se,
negligence, bailment and breach of contract, and also names Fifth Third Bancorp as a defendant. Plaintiffs seek
compensatory damages, credit monitoring, injunctive relief, attorney’s fees and costs.
On January 31, 2007, a putative class action was filed against TJX in the United States District Court for the
District of Massachusetts, AmeriFirst Bank v. TJX Companies, Inc., et al., 07-cv-10169. The plaintiff purports to represent
a class of “all financial institutions that issued credit cards and/or debit cards to its customers that were used at any of
TJX’s outlets and/or stores during the period of the security breach.” The complaint asserts claims for negligence,
breach of contract and negligence per se, and also names Fifth Third Bancorp and Fifth Third Bank as defendants. The
plaintiff seeks compensatory damages including for recovery of the cost of issuance of replacement cards and liability
for unauthorized transactions, as well as injunctive relief, attorney’s fees and costs.
On January 31, 2007, a putative class action was filed against TJX in The Court of Queen’s Bench, Manitoba,
Canada, Churchman, et ano. v. The TJX Companies, Inc., et al., Court File No. 07-01-50449. The plaintiffs purport to
represent a putative class of “all persons (including their estates, executors, or personal representatives), corporations,
and other entities, who have communicated personal, debit card, or credit card information to the defendants in 2003,
or between May 1, 2006 and December 31, 2006; which information was later stolen or released to unauthorized third
parties.” The complaint also names “Winners Apparel Inc.,” “Winners Merchants International LP” and “HomeSense
Inc.” as defendants and asserts claims for negligence, breach of confidence and violation of privacy. Plaintiffs seek
general and special damages, punitive damages, attorney’s fees, interest and costs.
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