The Court of Appeals in Tennessee, in a ruling filed July 3, ruled that a lower court erred when it dismissed a suit filed by Copper Basin Federal Credit Union and CUMIS against Fiserv Inc., wherein the plaintiffs alleged that Fiserv's negligence allowed a data breach to occur on the Copper Basin FCU computers.
Wrote the court: "Plaintiffs alleged in their complaint that Defendant negligently performed professional services concerning the provision and maintenance of web defense software and that Defendant breached its contractual duty to protect the computer system of Copper Basin Federal Credit Union from computer incursion. For the reasons stated herein, we hold that the complaint alleges sufficient facts to allow the case to proceed, and, therefore, dismissal was in error."
The case earlier had been dismissed by a lower court amid much legalistic to and fro about in what jurisdiction the matter should be heard, and if a statute of limitations for filing had run out before Copper Basin in fact filed suit.
Complete your profile to continue reading and get FREE access to CUTimes.com, part of your ALM digital membership.
Your access to unlimited CUTimes.com content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking credit union news and analysis, on-site and via our newsletters and custom alerts
- Weekly Shared Accounts podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical coverage of the commercial real estate and financial advisory markets on our other ALM sites, GlobeSt.com and ThinkAdvisor.com
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
