Moyer v. Michaels Stores, Inc., Nos. 14-CV-00561; 14-CV-00648; 14-CV-1229 and 14-CV-1827 (N.D. Ill.).
On January 25, 2014, Michaels Stores disclosed that it experienced a data breach that may have exposed customers’ credit and debit card information to hackers. Alleging that Michaels did not maintain adequate security measures and that they now face an increased risk of identity theft and must spend time and money protecting themselves, Michaels customers filed several, now consolidated, putative class actions on behalf of a nationwide class claiming: (i) breach of implied contract and (ii) violations of the Illinois Consumer Fraud Act and other state consumer protection laws. On June 3, 2014, Michaels filed a motion to dismiss, arguing that the plaintiffs lack standing because they did not allege that they suffered actual or imminent injuries (e.g., unauthorized activity or unreimbursed charges on their accounts). Michaels also argued that the plaintiffs failed to state claims due to their omission of an allegation of injury as well as other pleading deficiencies. A hearing on the motion is scheduled for July 17, 2014.