SEVENTH CIRCUIT REINSTATES DATA BREACH CLASS ACTION

Barnes & Noble customers brought a putative class action seeking to recover damages resulting from the theft of their credit and debit card information through a data breach. Thanks to the evolving case law in the Seventh Circuit, the complaint survived motions to dismiss based on defenses they suffered no loss at all; but it was later dismissed when the district court ruled the complaint did not adequately plead damages. The Court of Appeals reversed, holding customers suffered injury in fact from the data theft by having to buy credit monitoring services, losing access to their money while banks reversed unauthorized charges and expending time to correct the results of the hack. However... Click HERE to continue reading!