By Robin Sidel 
 

The future of a $19 million settlement between Target Corp. and MasterCard Inc. over the retailer's massive 2013 breach was in flux on Friday after the deal didn't receive enough support from card-issuing financial institutions.

MasterCard and Target said the pact, which was struck in April, didn't receive the required support from issuers representing at least 90% of eligible accounts by a May 20 deadline. It wasn't immediately known what percentage supported the deal.

"At this stage, we will continue to work to resolve the matter," MasterCard said in a statement. Target, based in Minneapolis, confirmed the development, but had no other comment.

The April pact has been under attack from small issuers who contend that it doesn't come close to covering the losses they incurred from the massive breach that exposed 40 million credit-and-debit card accounts to potential fraud during the winter 2013 holiday shopping season.

Although small issuers have previously griped about the payments they receive under such deals, it is unusual for a settlement to be rejected. It wasn't immediately clear if any large issuers also balked at the pact.

Small lenders have been particularly unhappy with the Target deal because it prohibits participants from seeking other recourse to get reimbursed for their losses. Although that is typically a part of most breach settlements, the Target breach was unusually large and expensive for issuers who were on the hook for fraudulent transactions and also spent money to reissue cards to customers.

A group of small banks and credit unions have sued Target over the breach. Those lenders contended in legal filings that the Target settlement would cover only a "minimal portion" of their actual costs.

Lawyers representing those lenders said they were pleased with the rejection by financial institutions.

"We will continue working to hold Target accountable and ensure that all affected financial institutions receive proper compensation for losses resulting from this data breach," according to a statement from Charles Zimmerman of Zimmerman Reed PLLP and Karl Cambronne of Chestnut Cambronne, Pa., who are representing the small lenders.

A trade group representing credit unions also praised the development.

"The failure to opt in to the settlement by financial institutions sends a strong signal to card companies that the current reimbursement system does not work and financial institutions need to be made whole," said Carrie Hunt, general counsel for the National Association of Federal Credit Unions.

Write to Robin Sidel at Robin.Sidel@wsj.com

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