In Lewert v. P.F. Chang’s China Bistro, Inc., 819 F.3d 963 (7th Cir. 2016) (No. 14-3700), plaintiffs, who had dined at P.F. Chang’s restaurants, brought data breach claims after P.F. Chang’s announced its computer operations had been hacked.  One plaintiff experienced fraudulent transactions on the credit card he used at the restaurant, which he immediately cancelled.  The other plaintiff did not experience fraudulent charges on his card.  The district court dismissed the lawsuit for lack of standing and the Seventh Circuit reversed.  Applying its earlier decision in Remijas v. Nieman Marcus Group, LLC, 794 F.3d 688 (7th Cir. 2015) (see July 2015 EWS: Litigation Update), the Seventh Circuit stated that increased risk of fraudulent credit or debit card charges and the increased risk of identity theft were sufficiently “impending injuries” to fit within the categories of harm delineated in Remijas and give rise to standing.  Although P.F. Chang’s denied that plaintiffs’ data was stolen, plaintiffs had made plausible allegations that their information had been compromised, which was sufficient to establish standing at the pleading stage.