Visa (NYSE:V) is asking a federal judge to kill a lawsuit that apparel retailer Genesco (NYSE: GCO) has filed against the payment brand, a lawsuit that stemmed from a 2010 data breach the retail chain suffered. That breach resulted in Visa fining the chain's acquiring bank some $13 million. The lawsuit is Genesco's attempt to get the money back, on the grounds that it never violated any PCI rules.
Genesco's lawsuit argued that the fines "unjustly enriched Visa in violation of California's Unfair Competition Law, among other claims," reported The Tennessean.
In its motion, Visa said the state law doesn't apply to contract disputes. Genesco also isn't seeking restitution, the only type of monetary award available under the law, Visa contends. As for Genesco's other claims, Visa said they "are factually and legally flawed, but they will be challenged at a later time," according to the motion.
"Genesco fails to identify any fraudulent statements affecting consumers or the public on which Genesco reasonably relied and the monetary award Genesco seeks is not restitution, which is the only type of monetary award available under the UCL," the Visa filing said.
The $2.6 billion Genesco chain, which owns Journeys, Lids and Johnston & Murphy, has more than 2,455 retail stores throughout the U.S., Canada, the United Kingdom and Ireland.
- See The Tennessean story