Stroock Special Bulletin
"Seventh Circuit Reverses Dismissal of Data Breach Class Action on Standing Grounds"
On July 20, 2015, the 7th Circuit decided Remijas v. Neiman Marcus Group, LLC, reversing the district court’s dismissal of the Neiman Marcus (“Neiman’s”) data breach consolidated class actions on standing grounds. In 2013, Neiman’s suffered a data breach as to 350,000 payment cards used in its stores. Although card numbers were compromised, other sensitive personal information, such as social security numbers and dates of birth, were not. Of the 350,000 compromised cards, there were confirmed fraudulent charges on 9,200, all of which were reimbursed by Neiman’s. Neiman’s also offered one year of free credit monitoring and identity theft protection to all individuals it notified of the breach.