Data Breach Plaintiffs, Don't Skim Through This Decision

Law360, New York (September 17, 2013, 7:27 PM EDT) -- On Sept. 3, 2013, the U.S. District Court for the Northern District of Illinois dismissed a class action complaint arising from a credit card "skimming" attack suffered by Barnes & Noble in 2012.

U.S. District Judge John W. Darrah held that plaintiffs failed to demonstrate standing under Article III of the U.S. Constitution and therefore could not proceed with their complaint for breach of contract, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA), invasion of privacy, violation of the California Security Breach Notification Act and violation of the California Unfair Competition Act.

The decision in In re...

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