Yesterday the United States Court of Appeals for the Seventh Circuit weighed in on the consumer class action standing issue. The court found that Barnes & Noble customers have standing to pursue a class action concerning the hacking of the retailer’s PIN pads. In doing so, the Seventh Circuit reversed a district court ruling dismissing the complaint for failure to adequately plead damages. The Court of Appeals determined that the time value of money which had been removed from plaintiffs’ accounts (even though it was ultimately returned), the costs of credit monitoring, and the time invested to create new accounts all were sufficient to provide standing.
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