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Schnucks Files Paperwork To Move Class Action Lawsuit To Federal Court

The Madison-St. Clair Record newspaper reported recently that Schunucks had filed legal paperwork to have a class action lawsuit filed in Illinois moved to a Federal court:

"Schnucks late last week filed a notice to remove the suit that Laverne Rippy brought April 25 in St. Clair County Circuit Court to the U.S. District Court for the Southern District of Illinois... The suit, which seeks damages under the Illinois Consumer Fraud and Deceptive Business Practices Act, alleges that Schnucks failed to timely disclose the security breach to its customers, a violation of the Illinois Personal Information Protection Act."

The March 2013 data breach had affected about 2.4 million debit- and credit cardholders in several states. The Illinois Personal Information Protection Act states, in part:

"Sec. 10. Notice of Breach. (a) Any data collector that owns or licenses personal information concerning an Illinois resident shall notify the resident at no charge that there has been a breach of the security of the system data following discovery or notification of the breach. The disclosure notification shall be made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system... (b) Any data collector that maintains or stores, but does not own or license, computerized data that includes personal information that the data collector does not own or license shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. In addition to providing such notification to the owner or licensee, the data collector shall cooperate with the owner or licensee in matters relating to the breach... (b-5) The notification to an Illinois resident required by subsection (a) of this Section may be delayed if an appropriate law enforcement agency determines that notification will interfere with a criminal investigation... A violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act."

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