DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Seventh Circuit revives data breach lawsuit against P.F. Chang’s

Posted on April 15, 2016 by Dissent

Samantha Bomkamp reports that the Seventh Circuit has done it again when it comes to allowing data breach lawsuits to go forward:

A lawsuit over a 2014 data breach at P.F. Chang’s has been revived by an appeals court, which said two plaintiffs have shown enough evidence to pursue their claim.

Two Illinois men, John Lewert and Lucas Kosner, filed suit against the restaurant chain after dining at the P.F. Chang’s in Northbrook in April 2014, paying with their debit cards, according to the filing. Kosner claimed that four fraudulent charges were made on his debit card in June 2014. Lewert didn’t have any fraudulent charges, the lawsuit said. The two men initially filed separate lawsuits that were consolidated, but their suit was dismissed by a lower court.

 

Read more on Chicago Tribune.

You can read Judge Wood’s opinion here.  Relying on their previous opinion in Remijas v. Neiman Marcus to explain why the plaintiffs do have standing, the court writes:

In the present case, several of Lewert and Kosner’s alleged injuries fit within the categories we delineated in Remijas. They describe the same kind of future injuries as the Remijas plaintiffs did: the increased risk of fraudulent charges and identity theft they face because their data has already been stolen. These alleged injuries are concrete enough to support a lawsuit. P.F. Chang’s acknowledges that it experienced a data breach in June of 2014. It is plausible to infer a substantial risk of harm from the data breach, because a primary incentive for hackers is “sooner or later[] to make fraudulent charges or assume those consumers’ identities[.]” Id. at 693. Lewert is at risk for both fraudulent charges and identity theft. Kosner has already cancelled his debit card, but he is still at risk of identity theft. Other members of the would–be class will be in the same position as one or the other named plaintiff.

Similarly, Lewert and Kosner have alleged sufficient facts to support standing based on their present injuries. Kosner asserts that he already has experienced fraudulent charges. Even if those fraudulent charges did not result in injury to his wallet (he stated that his bank stopped the charges before they went through), he has spent time and effort resolving them. He also took measures to mitigate his risk by purchasing credit monitoring for $106.89. Lewert alleged that he has spent time and effort monitoring both his card statements and his other financial information as a guard against fraudulent charges and identity theft.

Category: Business SectorU.S.

Post navigation

← IE: Personal details of almost 2,000 civil servants incorrectly ‘leaked’ – PSEU conference
VA physician leaves patient files in his car, and…. →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Rewards for Justice offers $10M reward for info on RedLine developer or RedLine’s use by foreign governments
  • New evidence links long-running hacking group to Indian government
  • Zaporizhzhia Cyber ​​Police Exposes Hacker Who Caused Millions in Losses to Victims by Mining Cryptocurrency
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Google: Hackers target Salesforce accounts in data extortion attacks
  • The US Grid Attack Looming on the Horizon
  • US govt login portal could be one cyberattack away from collapse, say auditors
  • Two Men Sentenced to Prison for Aggravated Identity Theft and Computer Hacking Crimes
  • 100,000 UK taxpayer accounts hit in £47m phishing attack on HMRC
  • CISA Alert: Updated Guidance on Play Ransomware

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • How the FBI Sought a Warrant to Search Instagram of Columbia Student Protesters
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Malaysia enacts data sharing rules for public sector
  • U.S. Enacts Take It Down Act
  • 23andMe Bankruptcy Judge Ponders Trump Bill’s Injunction Impact
  • Hell No: The ODNI Wants to Make it Easier for the Government to Buy Your Data Without Warrant
  • US State Dept. says silence or anonymity on social media is suspicious

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.