fbpx

Class action suit over 2014 Supervalu/Albertsons data breach dismissed

SuperValu and Albertsons are clear from the threat of a class action lawsuit related to a 2014 data breach.

At the time, SuperValu owned a bulk of the Albertsons stores across the country, and provided back-office functions to the rest under an agreement with Boise-based New Albertsons Inc.

In the intervening years, New Albertsons Inc. purchased the stores it didn’t own from SuperValu. It later purchased the larger Safeway chain, and transitioned to Safeway’s IT systems – a process completed last year.

A district court earlier dismissed all claims against New Albertsons and its corporate cousin AB Acquisition because the plaintiffs never shopped at a store then owned by Albertsons.

[Albertsons faces three separate actions related to opioids]

Now, Law.com reports a federal appeals court upheld a lower court’s decision to dismiss the entire class action suit based on the data breach.

Hackers hit SuperValu with a pair of cyberattacks that exposed customer credit and debit card details. The affected stores included Idaho Albertsons locations. But other personally identifying information like social security numbers were not in the stolen data trove.

The lead plaintiff, David Holmes of Belleville, Illinois didn’t prove any actual harm according to the 8th Circuit Court of Appeals.

“Holmes’s alleged injuries—the expenditure of time monitoring his account, the single fraudulent charge to his credit card, and the effort expended replacing his card—do not constitute actual damage,” Circuit Judge Jane Kelly wrote. “The time Holmes spent protecting himself against the threat of future identity theft does not amount to an out-of-pocket loss.”

The 8th Circuit also threw out two other claims. One alleged negligence on the part of SuperValue and New Albertsons. But the court said the companies aren’t actually required by Illinois law to protect customers’ financial info. It also dismissed an undue enrichment claim.

Your help powers BoiseDev

This exclusive content comes thanks to the members of BoiseDev FIRST. They get our popular daily newsletter packed with scoops.  Sign up today

First look at student housing in Winco Foods parking lot

BoiseDev first broke word of a new 7-story building along Myrtle St. in Downtown Boise earlier this year. Now...

‘Impressive’ new addition to Boise skyline about to take off

A long-awaited new addition to the Downtown Boise skyline is about to start sprouting up. Scott Schoenherr with Rafanelli...

Jacksons store adds facial recognition camera and door locks, no word on Boise area locations

Meridian-based Jacksons Food Stores added a new piece of technology to its store on Grand Ave. in Portland. A camera above the...

High profile Vista Ave. art project still in the works – details & timeline

A multi-year attempt to add art to the Vista Ave. corridor could slide into 2020. The idea sprang from...

Partnership brings Women’s Business Center back to Treasure Valley

The Boise and Twin Falls areas will soon have new Women's Business Centers up and running after several years without one.

Black Box to open world’s second VR gym in Downtown Boise

A new virtual reality workout gym is set to open soon in Downtown Boise. It will be the second public offering...