Emerson Firm Announces Ongoing Investigation For the U.S. Bancorp and U.S. Bank National Association Data Breach.

Emerson Firm, PLLC (“Emerson”) announces that it is continuing its investigation regarding the data breach at U.S. Bancorp and U.S. Bank National Association (collectively “U.S. Bank”) on behalf of an unknown number of affected U.S. Bank customers whose personal information was compromised in the Data Breach revealed by U.S. Bank on September, 18, 2020.

U.S. Bank recently notified the State of California Attorney General of a data breach affecting an unknown number of customers. On July 30, 2020, a computer server containing personally identifiable information was physically stolen from an undisclosed U.S. Bank corporate office. The breached data reportedly includes names and account numbers but may include additional sensitive information. Further details have not yet been released.  On September 18, U.S. Bank began notifying affected consumers of the data incident without explanation of the delay in notification.  On information and belief, the Data Breach was a direct result of U.S. Bank’s failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect customers’ personally identifiable information (“PII”).

U.S. Bancorp is the parent company of U.S. Bank, one of the largest commercial banks in the nation. Founded in 1863, U.S. Bank annual revenues exceed $23 billion USD. Headquartered in Minneapolis, Minnesota, the bank employs more than 73,000.

Houston-based law firm Emerson represents consumers throughout the nation.  Emerson and its predecessor firms have devoted their practice to complex commercial litigation for more than thirty-nine years and have recovered more than a billion dollars for consumers in class actions throughout the United States.

If you are a person whose PII was compromised as a result of the Data Breach announced by U.S. Bank on September 18, 2020 then please contact us immediately to protect your rights.  It makes no difference what state you reside in.

IMPORTANT: Send your inquiry with your complete contact information including phone number and email address to plaintiffs’ counsel, Emerson Firm, PLLC via e-mail to John G. Emerson (jemerson@emersonfirm.com) or complete the below form and we will promptly get back to you to discuss your situation.

    Equifax and Banking Arbitration Clauses

    Many eyebrows were raised when Equifax’s arbitration clause came to light after the massive data breach that affected millions of Americans across the country. But as attentions have heightened around arbitration clauses included in the banking industry, it’s not looking good for consumers.

    Last week, Vice President Mike Pence broke a tied vote in the Senate that answered the question posed by in Karl Frisch in The Hill “Do we protect hard-working Americans from predatory financial companies, or do we allow these companies to continue victimizing?” The tie break destroys the Consumer Financial Protection Bureau’s anti-forced arbitration rule that stopped banks from forcing consumers into closed-door arbitration instead of allowing consumers their day in court through class actions.

    Despite outcry by a coalition of cross-party supporters for the rule, Senators voted against consumers, allowing banks and financial services to force consumers into backroom legal proceedings where they rarely come out ahead—and often lose money in the process of trying to defend their rights. The CFPB rule went into effect in July and the speedy timeline to repeal by Congress shows just how much clout the banking and finance industry has as a special interest in Washington.

    In the Equifax data breach, the backlash was so widespread that the company waived their forced arbitration clause but consumers can’t expect this to happen in every case. Richard Cordray, the director of the CFPB, opined in a New York Times article that “a group lawsuit against Wells Fargo for secretly opening phony bank accounts was blocked by arbitration clauses that pushed individual consumers into closed-door proceedings.” Despite significant media attention and a huge number of individuals affected by Wells Fargo phony bank accounts, arbitration was still part of the process and ultimately stopped consumers from seeking full restitution for the harm Wells Fargo may have caused.

    When it comes to the future of banking, consumer should understand that forced arbitration is likely to be included in their banking and finance products in the future. Most consumers don’t know about arbitration clauses, however, with 93% not understanding that arbitration clauses prevent them from suing. Arbitration clauses aren’t solely for banking and can even be included in employment contracts, notes LA Times’ David Lazarus. A number of cases about arbitration in employment contracts are also being heard in the Supreme Court that may affect the future of arbitration for consumers.

    In the Equifax class action, speaking with an attorney about your options is an important step forward because consumers have the option to participate in a class action or sue individually. Our class action law firm is accepting new clients for the Equifax case so contact us today to talk about your options with an experienced consumer protection lawyer.