Recoverable Damages in Data Breach Case Include Replacement Card Fees and Identity Theft Insurance

摘要

In Anderson v. Hannaford Bros. [Nos. 10-2384, 10-2450 (1st Cir. 10/20/2011)], plaintiffs appealed from the dismissal of their Maine state law claims arising out of the unauthorized use of their credit and debit card data after hackers breached the electronic payment processing system of defendant grocery store, Hannaford Brothers Co., where plaintiffs had shopped for groceries and used the cards. The district court previously had determined that plaintiffs had failed to state a claim under Maine law for breach of fiduciary duty, breach of implied warranty, strict liability, and failure to notify customers of the data breach.