Dist. Ct. erred in dismissing on lack of standing grounds plaintiffs-customers’ lawsuit seeking damages arising out of third-party hack of defendant-restaurant’s computer system, where plaintiffs asserted that their debit-and credit-card data had been stolen. Several injuries alleged by plaintiffs fit within categories of damages set forth in Remijas, 794 F.3d 688, that were sufficient to support Article III standing in form of increased risk of future fraudulent charges and identity theft caused by instant computer hack. Moreover, one plaintiff alleged that he incurred credit monitoring expenses to combat fraudulent charges that he claimed incurred shortly after instant computer hack had occurred. Fact that defendant contested plaintiffs’ claim that their financial data was exposed by instant computer hack did not require different result. Ct., though, expressed skepticism as to whether plaintiffs could recover in instant lawsuit costs of their meals at defendant’s restaurant.
Federal 7th Circuit Court
Civil Court
Standing