US sports apparel retailer Genesco is suing Visa over the $13m in penalties it was awarded for a 2010 data breach.

The complaint, filed last week in Tennessee, accused Visa of breach of contract and unfair business practices, saying the global scheme levied the penalties despite some of its own requirements not being met.

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Genesco announced it had been hacked in December 2010, with hackers installing "packet sniffing" software designed to steal payment card details. However, Genesco claimed it had found no forensic evidence that account data was stolen.

However, Visa accused the company and its banks of violating Payment Card Industry (PCI) standards, and they were fined $5,000 each for noncompliance.

Later, Visa levied another $13.3m against them for expenses incurred over the breach, and also to recover the cost of fraudulent charges made to accounts.

Genesco contends the card-giant overreacted, as there was no evidence the hackers had stolen any cardholder information.

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