49 U.S.F. L. Rev. F. 1 (2014-2015)

handle is hein.journals/usfor49 and id is 1 raw text is: Target, Negligence, Chips, and Chickens
S HOPPING ON BLACK FRIDAY. It's almost as American as baseball
and apple pie. But during the 2013 holiday season, over forty million U.S.
citizens experienced what is increasingly becoming a uniquely American
problem: face-to-face (FTF) credit card fraud.' FTF credit card fraud
occurs when a consumer's credit card magnetic stripe (magstripe) is
swiped through a merchant's card reader.2 The fraud occurs when someone
intercepts the information somewhere along the way. In the case of
Target's December 2013 data breach,' the interception of credit and debit
card information4 happened using a so-called memory parsing nalware at
the Point of Sale (POS).s But this is not the only interception method.
Nearly ten years ago, fraudsters used wireless technology to access the
unencrypted network of Marshall's, which allowed them to access at least
forty-five million credit card numbers.6 Or, the theft can be as seemingly
low tech as so-called skimming where the fraudster places a secondary card
*  J.D., Cum Laude, University of San Francisco, 2014. Chartered Financial Analyst and
Certified Financial Planner. lditor-in-Chief, IJSF Law Review, Volume 48. Thank you to Pareesa
Ashabi and Jennifer L. Sta.Ana and [he entire IJSF Law Review Volume 49 Board For making the
dream of an omline law review a reality.
1. Jim Finkle & Mark Hosenball, Exclasive: FBI Warns Retailers to Expect More Credit
Card    Breaches,   REUTERS    (Jan.   23,   2014),   http://www.reuters.conlrassets/
print?aid=USBREAOM1IJF20140123 (The [Target] attack ran undetcted for 19 days during the
busy holiday shopping scason and resultcd in the theft of about 40 million credit and debit card
2. See Douglas King, Chip-and-Pin: Succwss and Challengev in Reducing Fraud 2,
(Federal Reserve Bank of Atlanta, Retail Payments Risk Forum Working Paper, Jan, 2012),
available at http:/www.ftrbatlanta.org/documentsfrpitfrpif pubs/120111 wp pdf.
3. Data     Breach   FAQ,   TARGET,    https://co-porate.target. cotr/about/shopping-
experienceipayrnent-card-issue-FAQ#q5888 (last visited Sept. 24, 2014) (In mid-Decenber
2013, [Target] learned criminals forced their way into our system, gaining access to guest credit
and debi[ card information.).
4. Id.
5. See Finkle & Hosenball, sutpra note 1.
6. Joseph Pereira, ilow Credit-Card Data Went Out Wireless Door, WAI,.1 ST. J. (May 4,
2007, 12:01 AM), http:// oniline.wsj.cornlnewsiarticleslSB 117824446226991797,

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