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P.F. Chang’s Asks 7th Circuit to Affirm Dismissal of Proposed Class Action Lawsuit

By Linn Foster Freedman on March 13, 2015
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On Tuesday, P.F. Chang’s Chinese Bistro, Inc. (P.F. Chang’s) gave the public access to the brief it recently filed with the 7th Circuit Court of Appeals asking the Court to affirm the lower Court’s dismissal of a proposed class action against it for the massive data breach it experienced last year.

P.F. Chang’s argued that the dismissal should be upheld as the plaintiffs did not suffer any damages as their debit card numbers were not stolen and they never became victims of fraud. The lower Court declared that the plaintiffs hadn’t alleged actual harm and found that they did not have standing to sue the restaurant chain. In its appellate brief, P.F. Chang’s argued that the plaintiffs hadn’t even eaten at a P.F. Chang’s restaurant and therefore, the plaintiffs suffered no actual or impending damage. Further, the plaintiffs did not become victims of identity theft because their card information was not stolen and no fraudulent activity occurred on their cards.

It is anticipated that the 7th Circuit will follow well-established case law that holds that if the plaintiffs cannot establish actual harm, they have no Article III standing to sue the defendants for a data breach. However, we have recently seen this argument questioned by other Courts, so this decision will  be an important precedent going forward in light of the recent massive data breaches and onslaught of class action litigation within days of the breaches.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Class Action & Mass Torts, Privacy and Cybersecurity
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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