Computer Fraud and Abuse Act
Significant Case Developments
P.F. Chang’s Seeks Dismissal of Data Breach Class Actions, Arguing the Existence of an Express Contract and Lack of Damages Preclude Claims
Lewert v. P.F. Chang’s China Bistro, Inc., No. 1:14-cv-04787 (N.D. Ill.).
As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases, now consolidated in the Northern District of Illinois. In their complaints, plaintiffs John Lewert and Lucas Kosner alleged that by failing to safeguard customer information, P.F. Chang’s breached an implied contract and violated consumer protection laws. The plaintiffs did not bring a breach of express contract claim. P.F. Chang’s argues that the plaintiffs acknowledge the existence of an express contract by alleging that “a portion of the services [they] purchased” at P.F. Chang’s was “compliance with industry-standard measures” for data security and that they were “deprived of the full monetary value of [their] transaction.”
But which law? Here’s a hint: it’s the same one public document hacker Aaron Swartz allegedly violated.
Bar exam results from around the country are beginning to trickle in and the results are far from encouraging. The results from July 2014 were the lowest in recent memory, but many had hoped that the drop would prove to be only an aberration. This does not appear to be the case.
So now the real question is: How much longer will law students continue to stick with the major bar review companies that can’t seem to get them to pass?