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Home Depot’s $17.5 Million State Settlement Over Its 2014 Data Breach

Home Depot agreed to a $17.5 million multistate settlement over its 2014 payment-card breach, plus information-security obligations. The payment was separate from consumer compensation in a 2016 class action.
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Home Depot agreed on November 24, 2020, to pay $17.5 million to attorneys general representing 45 states and the District of Columbia over the company’s 2014 payment-card breach. The settlement resolved a multistate investigation and required Home Depot to maintain specified information-security practices. The payment went to the states—not directly to consumers—and was separate from a consumer class-action settlement in 2016.

What happened in Home Depot’s 2014 breach?

State attorneys general said hackers accessed Home Depot’s network and installed malware on its in-store self-checkout point-of-sale systems. The malware captured payment-card information used at Home Depot stores in the United States from April 10 through September 13, 2014. The states described the incident as involving payment-card information; the settlement materials cited here do not establish that other types of personal data were exposed.

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In announcing the agreement, state officials estimated that information from approximately 40 million consumers nationwide was exposed. That is the states’ reported estimate, not a count of individually verified victims. The breach period and payment-card details are described in the Michigan attorney general’s announcement.

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What did the 2020 settlement require?

The $17.5 million agreement resolved the states’ multistate investigation. It also imposed information-security obligations. The National Association of Attorneys General settlement listing describes requirements that included:

  • A qualified chief information security officer who reports to senior executives and the board.
  • Adequate security resources, along with security-awareness and privacy training.
  • Safeguards involving monitoring, access controls, passwords, two-factor authentication, file integrity, firewalls, encryption, risk assessments, penetration testing, intrusion detection, and vendor accounts.
  • A security assessment after the settlement.

A Texas-filed Assurance of Voluntary Compliance describes the agreement as a settlement and release concerning the breach Home Depot publicly announced on September 8, 2014. The agreement records obligations Home Depot accepted; it does not, by itself, establish that each measure remains in place today or prove the company’s current security status.

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Was the $17.5 million paid to consumers?

No. The $17.5 million was the multistate settlement with state governments. It did not create a new consumer claim, direct payment to affected consumers, or a current filing deadline. Consumer compensation was addressed separately through a 2016 class-action settlement, as the Michigan attorney general’s announcement explains.

Keeping the proceedings distinct matters: the 2020 agreement resolved state officials’ investigation and included security-program requirements, while the earlier class action concerned consumer compensation.

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