Class Action Plaintiffs Lack Standing Under Clapper To Sue Barnes & Noble For Credit Card Data Breach

Relying heavily on the Supreme Court's recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a "skimming" data breach against Barnes & Noble (BN).  In re Barnes & Noble Pin Pad Litigation, Case # 12-cv-8617 (N.D.Ill. Sept. 3, 2013)  The plaintiffs filed suit against BN following its disclosure that "skimmers" potentially stole customer credit and debit card information from 63 BN locations in nine states.  The skimmers had tampered with PIN pad devices in BN stores in order to steal information from customers who used the devices to process payments.  BN announced the breach to the press and on its website almost six-weeks after it became aware of the breach.