Ryan M. Martin of Winston & Strawn LLP writes:
The U.S. District Court for the Southern District of Illinois recently denied the retail grocery chain Schnuck Markets’ motion to dismiss various claims arising from a December 2012 data breach in which hackers gained access to Schnucks’ credit/debit card processing systems. By mid-March 2013, both customers’ banks and Schnucks’ own payment processor had notified Schnucks that the breach had resulted in fraudulent charges to customer cards.
Read more on Lexology.
So… Neiman Marcus. Flowers Hospital. Schnuck. do my eyes deceive me, or are we seeing a possible trend with data breach lawsuits surviving motions to dismiss for lack of standing? Of course, that doesn’t mean the plaintiffs will be able to prove they suffered harm, but are courts becoming a tad more plaintiff-friendly? We’ll have to watch and wait….