In a 3-0 decision Wednesday, the 7th U.S. Circuit Court of Appeals in Chicago revived a lawsuit against Barnes & Noble Inc. that seeks to hold the company responsible for customer losses from a 2012 data breach, during which payment verification machines (PIN pads) were tampered with at 63 bookstores in nine U.S. states. Reuters reported that the court "said victims deserved a chance to seek damages for buying credit monitoring services, losing access to their money while banks reversed unauthorized charges, and spending time to set matters right."
Circuit Judge Frank Easterbrook said a lower court judge wrongly concluded that the plaintiffs lacked legal standing to sue over the "skimming" of credit and debit card data, including PINs. The case was returned to U.S. District Judge Andrea Wood in Chicago, who dismissed the lawsuit last June.