According to court documents, JCPenney was a formerly unnamed victim in the credit card heists carried out by Albert Gonzales. It hasn't yet been revealed whether credit card or customer information from JCP was actually stolen or just accessed - and with hundreds of million credit card numbers lifted, I imagine it's difficult to tell. Regardless, given current laws that require companies to divulge when consumer data has been put at risk, it seems amiss at best that JCPenney has been able to dodge the requirement for reporting this long.
Some might even ask whether JCPenney's unwillingness to step forward is counter to the best interests of their customer. That allegation would beg the question of whether it was truly safe to shop there. Unless you plan on using cash.
The court documents naming JCPenney were procured by the Open Security Foundation and published by DataLossDB which reports such incidents on behalf of consumers. As they state, "judge for yourself". To make an informed decision on what JCP did, or did not do, see: "JCPenney has dodged a huge bullet... until now".
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