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Home Depot Requests Dismissal Of Hacking Lawsuit

The Home Depot corporate headquarters is seen, Wednesday, Sept. 3, 2014, in Atlanta. Home Depot may be the latest retailer to suffer a credit card data breach. The Atlanta-based home improvement retailer told The Associated Press Tuesday that it is looking into "unusual activity" and that working with both banks and law enforcement. (AP Photo/David Goldman)
The Home Depot corporate headquarters is seen, Wednesday, Sept. 3, 2014, in Atlanta. Home Depot may be the latest retailer to suffer a credit card data breach. The Atlanta-based home improvement retailer told The Associated Press Tuesday that it is looking into "unusual activity" and that working with both banks and law enforcement. (AP Photo/David Goldman)
Credit David Goldman / Associated Press

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The Home Depot Inc. is fighting back in federal court.

The Atlanta-based business has requested the dismissal of the lawsuit filed by customers who claim they were affected by a security breach.

The consumers filed a complaint in May, saying Home Depot’s data security system was lacking.

Home Depot responded with a filing that says none of the plaintiffs suffered  “imminent economic injury” from the company’s alleged conduct.

“It’s hard to point to any specific loss in anything these folks are out of pocket because of what happened with the data breach,” says WABE legal analyst Page Pate.

This is the first time Home Depot has responded to charges linked to the 2014 hacking incident in which roughly 53 million customers’ email addresses and about 56 million customers’ debit or credit card data was stolen.