Threat Of Data Misuse Counts As Injury: 1st Circ.

Law360, New York (October 21, 2011, 9:00 PM EDT) -- The First Circuit on Thursday partially revived a negligence and contract putative class action alleging grocer Hannaford Brothers Co. failed to adequately protect consumers’ credit card information from a data breach, finding the threat of unauthorized charges constituted an adequate injury.

After hackers stole 4.2 million credit and debit card numbers and security codes without customer names from Hannaford in December 2007, consumers whose information had been compromised but not necessarily used filed suit alleging breach of implied contract, negligence and violation of the unfair practices...
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