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Remijas v. Neiman Marcus Corp.

United States Court of Appeals for the Seventh Circuit

794 F.3d 688 (2015)

Facts

A hacker stole the credit-card information of approximately 350,000 customers of Neiman Marcus Corporation (defendant). Approximately 9,200 of these customers found fraudulent charges on their credit cards soon after the breach. These customers were reimbursed for those charges. There was no evidence that any of the customers’ identities were stolen. Neiman Marcus gave all the affected customers one free year of credit monitoring. Hilary Remijas and other affected Neiman Marcus customers (collectively, the customers) (plaintiffs) sued Neiman Marcus. Neiman Marcus filed a motion to dismiss for lack of standing, arguing that customers with fraudulent charges had been reimbursed by their credit-card companies and that any other claims of potential future injuries were too speculative to support standing. The district court dismissed the complaint, ruling that the plaintiffs lacked standing. Remijas appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wood, C.J.)

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