DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
162378P.pdf 08/30/2017 Melissa Alleruzzo v. SuperValu, Inc.
U.S. Court of Appeals Case No: 16-2378
and No: 16-2528
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Kelly, Author, with Smith, Chief Judge, and Colloton, Circuit
Judge]
Civil case - Class Actions. In an action by consumers whose credit card
information was stolen during security breaches of defendants' databases
alleging defendants took inadequate steps to protect customers' credit and
debit card information, with the exception of one plaintiff, the sixteen
plaintiffs have not alleged that they have suffered fraudulent charges on
their credit or debit cards or that fraudulent accounts have been opened
in their names and, as a result, they have not alleged a substantial risk
of future identity theft and do not have standing; one plaintiff has,
however, alleged a present injury by alleging he suffered a fraudulent
charge on his credit card; this constitutes identity theft and is an
actual, concrete and particularized injury; by alleging an injury in fact,
traceable to defendant's security practices and likely to be redressed by
a favorable judgment, this plaintiff has Article III standing, and his
case should be permitted to proceed.