St. Pierre v. Supervalu Inc., No. 1:14-cv-13536 (D. Mass., filed Aug 29, 2014).
We reported last month that following an announcement of a point-of-sale data breach at 200 Supervalu stores, consumers filed two putative class actions in the Southern District of Illinois and District of Minnesota. Supervalu now faces a third putative class action, filed August 29 in the District of Massachusetts. In addition to negligence, breach of implied contract, and violations of state consumer fraud statutes – all claims alleged in the earlier filed suits, Mr. St. Pierre brings claims for negligent misrepresentation, unjust enrichment, strict liability and breach of fiduciary duty. The two previous plaintiffs allege damages in the form of unspecified unauthorized charges, the time and cost spent replacing cards and monitoring credit, and the increased risk of identity theft. One of the prior cases additionally alleges emotional distress and diminution in value of personal information. In his allegations of harm, Mr. St. Pierre claims that had he and the putative class members known the security risks, they would have paid less to shop at Supervalu stores or not shopped there at all. He also claims that participation in credit protection services impairs his and the putative class members’ ability to obtain credit.