October 28, 2014
Neiman Marcus customers who said a 2013 data breach at the high-end department store chain increased their risk of identity theft and financial fraud do not have standing to sue, a federal judge in Chicago has ruled.
Article III of the U.S. Constitution required the plaintiffs to show actual or imminent, concrete, and particularized injuries to have standing, the judge said.
The plaintiffs argued their increased risk of fraudulent charges, the time and costs of protecting against identity theft, and the loss of control and value of their private information qualified as concrete injuries.
The plaintiffs, however, never alleged they were financially responsible for any unauthorized charges, the judge said, granting Neiman Marcus’ motion to dismiss the case under Federal Rule of Civil Procedure 12(b)(1).
Remijas et al. v. Neiman Marcus Group LLC, No. 14 C 1735, 2014 WL 4627893 (N.D. Ill., E. Div. Sept. 16, 2014).
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Opinion:2014 WL 4627893