A second credit union has filed a legal complaint against Targetover losses it said it sustained as a result of the firm's card data breach late last year.

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The $38 million First Choice Federal Credit Union, headquarteredin New Castle, Pa., filed its complaint in the U.S. District Courtfor the Western District of Pennsylvania on Jan. 31.

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The $211 million Alabama State Employees Credit Union filed asimilar legal complaint in early January. Both are class action suits.

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Because of the later filing, the First Choice complaint includedTarget's Jan. 10 announcement of additional records stolen, as wellas reports of stolen credit and debit card numbers being sold oncriminal websites in other counties.

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“As a direct and proximate result of the Target Data Breach,Plaintiff and members of the Class have been damaged, becauseTarget's wrongful conduct has caused Class members to incursignificant losses associated with credit and debit cardcancellation and/or reissuance;” First Choice wrote in itscomplaint. The suit seeks damages that include “customerreimbursement for fraud losses; lost interest and transaction fees;lost customers; administrative expenses associated with monitoringand preventing fraud and administrative expenses in dealing withcustomer confusion; and claims alleging fraudulent activity.”

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The Pittsburgh law firms of Carlson Lynch, Del Sole CavanaughStroyd, and Berger & Montague filed the complaint for thecredit union and issued a statement.

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“The complaint alleges that Target knew or should have knownthat its payment processes were vulnerable to this sort of attack,yet the company failed to take adequate measures to protectsensitive data and did not inform customers or financialinstitutions about the ongoing attack for several weeks after itwas discovered,” the court documents said. “We believe Target isliable under Minnesota state law (where Target's headquarters arelocated) for these damages, and the purpose of the suit is torecover some of these losses for the plaintiffs.”

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