TEMPTU Inc. Data Breach Notification for North Dakota Residents
Summary
TEMPTU Inc. has notified the North Dakota Attorney General of a data security incident affecting two residents. The breach, discovered on December 18, 2018, potentially exposed credit card numbers and names of individuals who used their cards on TEMPTU's website between November 1 and November 21, 2018.
What changed
TEMPTU Inc., through its legal counsel Mullen Coughlin LLC, has formally notified the North Dakota Attorney General's office of a data security incident impacting two North Dakota residents. The incident involved unauthorized access to credit card information used on TEMPTU's website between November 1, 2018, and November 21, 2018. The company has taken steps to investigate, remove malware, and is providing notice to affected individuals and relevant state regulators.
Regulated entities, particularly those handling consumer financial data, should review their data security protocols and incident response plans. While this specific notice concerns a limited number of individuals, it highlights the ongoing need for vigilance in protecting sensitive personal information. Companies should ensure they have robust procedures for detecting, investigating, and reporting data breaches in compliance with state-specific notification laws.
What to do next
- Review data security incident response plans.
- Ensure compliance with state-specific data breach notification laws.
- Implement safeguards and employee training to prevent future incidents.
Source document (simplified)
Mullen Coughlin LLC logo, featuring the letters MC inside a square frame.
MULLEN
COUGHLINLLC
ATTORNEYS AT LAW
James E. Prendergast
Office: 267-930-4798
Fax: 267-930-4771
Email: jprendergast@mulLEN.law
1275 Drummers Lane, Suite 302
Wayne, PA 19087
March 4, 2019
INTENDED FOR ADDRESSEE(S) ONLY VIA E-MAIL & U.S. 1ST-CLASS MAIL
Office of the Attorney General
Consumer Protection and Antitrust
Gateway Professional Center
1050 E Interstate Avenue Suite 200
Bismarck, ND 58503-5574
Email: ndag@nd.gov
Re: Notice of Data Event
Dear Sir or Madam:
Our office represents TEMPTU, Inc. ("TEMPTU") located at 26 W 17th St Rm 302, New York, NY 10011-5730. We write to notify you of an event that may affect the security of personal information relating to two (2) North Dakota residents. This notice will be supplemented with any new significant facts learned subsequent to its submission. By providing this notice, TEMPTU does not waive any rights or defenses regarding the applicability of North Dakota law, the applicability of the North Dakota data event notification statute, or personal jurisdiction.
Background
On December 18, 2018, TEMPTU. was notified by Bank of America Merchant Services that credit cards used on its website were subject to unauthorized access. TEMPTU. immediately launched an internal investigation into this issue and removed all malware found on the website within twenty-four (24) hours. TEMPTU also engaged an independent third-party investigator to conduct a forensic investigation. Through the investigation, TEMPTU determined that any credit cards used on its website from November 1, 2018 to November 21, 2018 may have been subject to unauthorized access. Accordingly, TEMPTU reviewed all of the credit card transactions during the period of compromise. On January 7, 2018, TEMPTU determined the following type of information related to two (2) North Dakota residents included the individuals name and credit cards number.
Office of the Attorney General
March 4, 2019
Page 2
Notice to North Dakota Residents
On March 4, 2019, TEMPTU mailed written notice of this incident to all potentially impacted individuals. Written notice will be provided in substantially the same form as the letter attached here as Exhibit A.
Other Steps Taken and To Be Taken
TEMPTU is providing potentially impacted individuals with guidance on how to better protect against identity theft and fraud, including information on how to place a fraud alert and security freeze on one's credit file, the contact details for the national consumer reporting agencies, information on how to obtain a free credit report, a reminder to remain vigilant for incidents of fraud and identity theft by reviewing account statements and monitoring free credit reports, and encouragement to contact the Federal Trade Commission, their state attorney general, and law enforcement to report attempted or actual identity theft and fraud. TEMPTU is working to implement additional safeguards and employee training in response to this incident. In addition to providing this notice to your office, TEMPTU is providing notice to other state regulators, as required.
Contact Information
Should you have any questions regarding this notification or other aspects of this event, please contact me at (267) 930-4798.
Very truly yours,
A handwritten signature in black ink, appearing to read "JEP". The signature is stylized and slanted to the right.
James E. Prendergast of
MULLEN COUGHLIN LLC
JEP:cds
Enclosure
EXHIBIT A
TEMPTU
Return Mail Processing Center
PO Box 6336
Portland, OR 97228-6336
<
<
<
<>
<>
<>
<>
<>
<
<
RE: Notice of Data Breach
Dear <
TEMPTU, Inc. (“TEMPTU”) is writing to notify you of a recent data security incident that may impact the security of your personal information. TEMPTU writes to advise you of our investigation and the steps we are taking in response to this incident as well as steps you can take to protect your personal information should you feel it is appropriate to do so.
What Happened? On December 18, 2018, TEMPTU was notified by Bank of America Merchant Services that credit cards used on its website were subject to unauthorized access. TEMPTU immediately launched an internal investigation into this issue and removed all malware found on the website within twenty-four (24) hours. TEMPTU also engaged an independent third-party investigator to conduct a forensic investigation. Through the investigation, TEMPTU determined that any credit cards used on its website from November 1, 2018 to November 21, 2018 may have been subject to unauthorized access. Accordingly, TEMPTU reviewed all of the credit card transactions during the period of compromise and determined that credit card information related to you may have been at risk.
What Information Was Involved? The information related to you that was potentially subject to unauthorized access includes your name and credit card number.
What We Are Doing. We take the security of personal information in our care very seriously. We have security measures in place to protect the data on our systems and we are working to implement additional safeguards.
What You Can Do. You can review the enclosed “Steps You Can Take to Protect Against Identity Theft and Fraud.” In addition, we advise you to report suspected incidents of identity theft to local law enforcement or the Attorney General.
For More Information. We understand that you may have questions about this incident that are not addressed in this letter. If you have additional questions, or need assistance please call the TEMPTU team at 855-983-4433.
We sincerely apologize for this incident and regret any concern or inconvenience this has caused you.
Sincerely,
Greg Mandor
Greg Mandor
Chief Financial & Operating Officer
TEMPTU, Inc.
Steps You Can Take to Protect Against Identity Theft and Fraud
We encourage you to remain vigilant against incidents of identity theft and fraud, to review your account statements, and to monitor your credit reports for suspicious activity. Under U.S. law you are entitled to one free credit report annually from each of the three major credit reporting bureaus. To order your free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. You may also contact the three major credit bureaus directly to request a free copy of your credit report.
You have the right to place a “security freeze” on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, you cannot be charged to place or lift a security freeze on your credit report. Should you wish to place a security freeze, please contact the major consumer reporting agencies listed below:
| | | |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Experian PO Box 9554 Allen, TX 75013 1-888-397-3742 www.experian.com/freeze/center.html | TransUnion P.O. Box 2000 Chester, PA 19016 1-888-909-8872 www.transunion.com/credit-freeze | Equifax PO Box 105788 Atlanta, GA 30348-5788 1-800-685-1111 www.equifax.com/personal/credit-report-services |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
As an alternative to a security freeze, you have the right to place an initial or extended “fraud alert” on your file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should you wish to place a fraud alert, please contact any one of the agencies listed below:
| | | |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Experian P.O. Box 2002 Allen, TX 75013 1-888-397-3742 www.experian.com/fraud/center.html | TransUnion P.O. Box 2000 Chester, PA 19106 1-800-680-7289 www.transunion.com/fraud-victim-resource/place-fraud-alert | Equifax P.O. Box 105069 Atlanta, GA 30348 1-888-766-0008 www.equifax.com/personal/credit-report-services |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Although we have no reason to believe that your personal information has been used to file fraudulent tax returns, you can contact the IRS at www.irs.gov/Individuals/Identity-Protection for helpful information and guidance on steps you can take to address a fraudulent tax return filed in your name and what to do if you become the victim of such fraud. You can also visit www.irs.gov/uac/Taxpayer-Guide-to-Identity-Theft for more information.
You can further educate yourself regarding identity theft, fraud alerts, security freezes, and the steps you can take to protect yourself, by contacting the consumer reporting agencies, the Federal Trade Commission, or your state Attorney General.
The Federal Trade Commission can be reached at: 600 Pennsylvania Avenue NW, Washington, DC 20580, www.identitytheft.gov, 1-877-ID-THEFT (1-877-438-4338); TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. You can obtain further information on how to file such a complaint by way of the contact information listed above. You have the right to file a police report if you ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, you will likely need to provide some proof that you have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement. This notice has not been delayed by law enforcement.
For Maryland residents, the Attorney General can be reached at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-888-743-0023; and www.oag.state.md.us. For New Mexico residents, you have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in your credit file has been used against you, the right to know what is in your credit file, the right to ask for your credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting agencies must correct or delete inaccurate, incomplete, or unverified information; consumer reporting agencies may not report outdated negative information; access to your file is limited; you must give your consent for credit reports to be provided to employers; you may limit “prescreened” offers of credit and insurance you get based on information in your credit report; and you may seek damages from violators. You may have additional rights under the Fair Credit Reporting
Act not summarized here. Identity theft victims and active duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage you to review your rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504\_cfpb\_summary\_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580. For North Carolina residents, the Attorney General can be contacted by mail at 9001 Mail Service Center, Raleigh, NC 27699-9001; toll-free at 1-877-566-7226; by phone at 1-919-716-6400; and online at www.ncdoj.gov. For Rhode Island residents, the Attorney General can be contacted by mail at 150 South Main Street, Providence, RI 02903; by phone at (401) 274-4400; and online at www.rilag.ri.gov. A total of 5 Rhode Island residents may be impacted by this incident.
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Government General alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when AG: ND Data Breach Notices publishes new changes.