McPhadden Samac Tuovi LLP

September 22, 2014 21:01 ET

National Class Action Filed Against Home Depot by McPhadden Samac Tuovi LLP on Behalf of Ottawa Resident

TORONTO, ONTARIO--(Marketwired - Sept. 22, 2014) - Toronto law firm McPhadden Samac Tuovi LLP announced today that it has commenced a class action law suit against Home Depot of Canada Inc. and its American parent, The Home Depot, Inc., arising from the recent data breach said to have affected up to 56 million people in North America. The law suit was filed in the Ontario Superior Court of Justice.

The case is the first class action commenced in Ontario against Home Depot regarding the data breach.

The lawsuit is on behalf of Home Depot customers who used a payment card at Home Depot stores in Canada between April and September 2014. Home Depot publicly acknowledged that malware was found on its networks in Canada and the United States.

Named as plaintiff in the action is Mr. Steven Lozanski, an Ottawa area resident, who has learned that about $8,000 was improperly charged against his Visa card in a series of transactions in early September. Mr. Lozanski had used his Visa card at Home Depot store just days before the fraudulent transactions.

Mr. Lozanski says he did not suspect anything was wrong until his credit card was rejected when he tried to register at hotel on a recent business trip. He had to make alternative arrangements in order to register and pay the hotel. He found the experience quite distressing as he knew that his credit card was in good standing. He added that "Home Depot has not been in contact with me to tell me what personal information has been taken. I feel I need to do this for myself and for others so that this kind of thing does not happen again."

The amount of the claim is $500 million, although the full extent of losses is not known at this time. The losses may be much higher or lower than that amount.

One of the primary objectives of the lawsuit is behaviour modification by Home Depot and other retailers. "After the massive data breach of customer information at Target, you would think that other major retailers like Home Depot would have taken steps to make such a breach impossible", said Bryan McPhadden, one of the plaintiff's lawyers.

Contact Information

  • Bryan C. McPhadden
    McPhadden Samac Tuovi LLP
    416-601-1020
    416-601-1721 (FAX)
    bmcphadden@mcst.ca