Local Woman Sues Barnes & Noble for Identify Theft
One of the customers of the Deerfield store says the bookseller did not properly secure her personal information before its PIN pads were hacked. The Evanston store was also hacked.
A Deerfield woman sued Barnes & Noble for invasion of privacy claiming her credit card information was stolen when shopped at the booksellers’ Deerfield store in August and September, according to a complaint filed Monday in federal court in Chicago.
Susan Winstead filed the complaint for herself and “on behalf of others similarly situated,” attempting to create a class action lawsuit against Barnes & Noble arising from compromised PIN pads in 63 of the company’s stores throughout the United States, according to the complaint. The Evanston store was on the list of stores with compromised data.
Earlier: Evanston Barnes & Noble Card Readers Were Hacked
“The area of personal data protection is an area of rising public concern and something that needs to be of the utmost importance to the retail and merchant group in the country,” Aron Robinson, one of Winstead’s lawyers, said.
According to the complaint, Winstead received a call from her credit card company in late September about a potentially fraudulent transaction. She confirmed the activity was improper and deactivated the card.
Though Barnes & Noble acknowledged on Oct. 24 that PIN pads in 63 stores including Deerfield and Evanston had been compromised and information contained there stolen by criminals, it has yet to offer any compensation to the victim, according to the complaint.
The complaint also claims Wintstead and others whose personal information was wrongfully obtained will be required to take corrective action which could leave them more vulnerable to identity theft in the future, according to the complaint.
Robinson believes people should be better protected. “Consumers need to be comfortable providing this kind of information to retailers and know retailers are using every measure possible to secure their customer’s private information,” he said.
In addition to identity theft, Winstead has accused Barnes & Noble of negligence, violation of the Fair Credit Reporting Act (the Act) and further negligence violating the Act.
Barnes & Noble did not respond to a request from Patch for comments.
Joey Fatone
11:00 am on Wednesday, October 31, 2012
I will no longer shop at Barnes & Noble I suggest everyone follow suit. It seems to me they protected their interest first and the customer a distant second!
Jennifer Fisher
11:25 am on Wednesday, October 31, 2012
Joey, did anyone make unauthorized purchases on your card? I shopped at the Barnes & Noble in Evanston, too, but have not seen any.
Festus McMoron
8:33 pm on Wednesday, October 31, 2012
joey, you probably can't even read, so i don't think b&n really care if you shop there.
jim
8:06 pm on Wednesday, October 31, 2012
Not clear if this was a Credit or Debt Card problem.
Jennifer Fisher
8:11 pm on Wednesday, October 31, 2012
Fred, it could be either. If you swiped a card at one of the affected Barnes & Noble stores before Sept. 14, check your statement. There's more info in our first story: http://evanston.patch.com/articles/evanston-barnes-noble-card-readers-were-hacked
Tea
8:47 pm on Wednesday, October 31, 2012
Come on Festus. Really? I too will no longer shop at Barnes and Noble. As a matter of fact, I canceled my membership after hearing about the matter at hand. This incident is very negligent in my opinion.
Festus McMoron
11:42 am on Thursday, November 1, 2012
come on tea. this could happen anywhere. you would not believe how sophisticated hackers are today. i don't think b/n was negligent at all. get ready similar instances are coming to a store by you!!! whether it's walgreens, jewel, target, hd, etc. etc.
jim
9:15 pm on Wednesday, October 31, 2012
Jennifer
Thanks I usually match receipts to bill
jim
9:16 pm on Wednesday, October 31, 2012
Wonder if Lawyers wanted payment before they filed the suit
jim
9:17 pm on Wednesday, October 31, 2012
This happening is nothing unique to B&N.
Julez B
12:54 am on Thursday, November 1, 2012
I am totally confused how someone wants to file a suit against BN when one it was 1% of their stores secondly they had a gag order by the FBI and Secret Service and not to disclose anything during the investigation but recently gave them the option to notify their customers by xmas eve which they notified everyone immediately after they were told they can give out that info. Hackers are getting smart now and no companies systems are safe. Take Sony's Playstation network and Apples original Ipad as examples of hackers breaching companies security. I commend BN for removing the pads from ALL stores not just the ones that were targeted. Obviously BN is doing something to protect their customers by getting rid of them.
Festus McMoron
8:03 am on Thursday, November 1, 2012
...who will this women sue if her home computer is hacked?? this is just another one of millions of frivolous lawsuits filed everyday in america. this lady should get a life. she's probably behind on her mortgage and needs the money.
Tea
10:52 am on Thursday, November 1, 2012
I agree with most of the comments, however, I've been a victim of identity theft and it's exasperating to say the least. I almost lost out on buying my home because of this unfortunate turn of events. Identity theft is not something I take lightly. It's a horrible ordeal!
Millie
11:17 am on Thursday, November 1, 2012
Just use cash for everything.
Tea
3:46 pm on Thursday, November 1, 2012
Use cash if possible. A close friend retired last year in November and went to Social Security Admin to fill out certain paperwork and one of the employees compromised her SS# and racked up thousands of dollars in credit card debt. You just don't know what a criminal
mind will do.
Millie
6:45 pm on Thursday, November 1, 2012
Is the lady filing the suit certain that her information credit card info was taken of is she Assuming it was?