We have been closely watching the class action suits against PF Chang’s (and other retailers) relating to the bistro’s data breach last year. In December, a federal district court in Illinois dismissed a proposed class action against PF Chang’s because the plaintiffs were unable to show that they had suffered actual harm as a result of the data breach and therefore, did not have standing to pursue the claims. The plaintiffs appealed the dismissal to the Seventh Circuit Court of Appeals, and on March 20, 2015, PF Chang’s requested that the Seventh Circuit affirm the lower court’s dismissal.
Last week, a Washington federal judge followed suit and dismissed another proposed class action against PF Chang’s in Washington federal court because the plaintiff was unable to show that he has suffered any appreciable harm as a result of the data breach.
We will continue to follow data breach class action suits as they wind their way through the court system and keep you fully informed of their progress.