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.

Tea November 01, 2012 at 03:52 PM
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 November 01, 2012 at 04:17 PM
Just use cash for everything.
Festus McMoron November 01, 2012 at 04:42 PM
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.
Tea November 01, 2012 at 08:46 PM
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 November 01, 2012 at 11:45 PM
Is the lady filing the suit certain that her information credit card info was taken of is she Assuming it was?


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