Lovell v. P.F. Chang’s China Bistro, Inc., No. 2:14-cv-01152 (W.D. Wash., filed July 30, 2014).
As detailed in our July issue, following a point-of-sale data breach, P.F. Chang’s was hit with two putative class actions in Illinois. Both complaints alleged that the restaurant chain’s failure to safeguard customer data resulted in a breach of an implied contract and a violation of state consumer protection acts. On July 30, Daniel Lovell filed a third putative class action complaint alleging that P.F. Chang’s failure to prevent the security breach gave rise to claims for negligence, breach of implied contract, breach of fiduciary duty, strict liability, negligent misrepresentation, and a violation of the Arizona Deceptive Trade Practices Act. Mr. Lovell alleges that his injury results from the overpayment for food based on the mistaken belief that his personal information would be secure.
Neither the Seattle P.F. Chang’s allegedly patronized by Mr. Lovell, nor the Northbrook, Illinois, restaurant allegedly frequented by Mr. Lewert was one of the 33 locations from which credit and debit card data was reportedly compromised. Mr. Kosner did not specify which location in Cooks County, Illinois, he visited, but only one P.F. Chang’s location in Cooks County was compromised.