@rainforestguppy
I just assisted a friend in a PCI compliance audit and needless to say, the fines that are levied against merchants are NOT equal. TJ Maxx was a wake up call for the entire credit/debit industry (creditors, the processing companies and the service companies that write the transaction handling database software). Did anybody pay a damn bit of attention? No. Did anybody scream for sweeping reform? Hardly. Instead of doing what's right, by protecting the data through encryption, at every level... Or even reducing the number of hops a transaction has to take, between merchant/creditor/consumer, track data, account numbers and personal information gets bounced all over the place.
I must qualify my last sentence based on the fact that only within the last year and a half (in my experience) software publishers are now finally warning merchants of the possible risks in using older software.
The fines and penalties levied against TJ Maxx are no where near the same percentage that are placed on smaller merchants. For example, one business I worked on had approximately 1000 cards and $200,000 worth of fraudulent charges that were ultimately traced back to a compromised and unencrypted POS system they used. Once we got it all secured and mitigated, and went through several PCI compliance reviews, with fines and other associated costs, the business had to pony up almost $100,000. The happened to be more than 10% of their gross annual revenue and if they're lucky and can stay in business, they might become profitable again in 5 or so years.
Yet TJ Maxx has a limit on the amount they're liable for? Sorry, but their entire executive board should be behind bars. And this store gets compromised and roughly 4.2 million cards are potentially compromised? They should be shut down. Period.
Oh, as for the secret service... Unless the fraud amount is less than something in the high 6 digit range, they generally won't even return a phone call. We got more help from the FBI than the Secret Service, but sadly, due to the international nature of all the fraudulent transactions, their hands were somewhat tied.