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Appeals Court Sends Fiserv Data Breach Case Back to Trial

Small Tennessee credit union says it lost $545,000 after tech giant failed to activate antivirus software.

By Robert McGarvey | Updated on July 08, 2013

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.”

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