Kimpton Hotels Can’t Check Out of Class Data Breach Claims

And the data breach litigation merry-go-round continues. Daniel R. Stoller reports on a case in California where plaintiffs survived a motion to dismiss but had complaint narrowed by the court:

Upscale hotel chain Kimpton Hotel & Restaurant Group LLC can’t completely escape consumer claims that it failed to adequately protect guests’ payment card data and other personal information (Walters v. Kimpton Hotel & Rest. Group , N.D. Cal., No. 16-cv-05387-VC, partial motion to dismiss granted 4/13/17 ).

Judge Vince Chhabria of the U.S. District Court for the Northern District of California dismissed April 13 California state fraud claims against Kimpton because the named plaintiff, Lee Walters, failed to plead all relevant factors to bring a successful action. However, Chhabria allowed implied contract, negligence and California unfair business practices claims to continue.

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