DENVER (Legal Newsline) - A Colorado man is suing a grocery chain over an alleged data breach.
Plaintiff Bernhard Engl, individually and on behalf of those similarly situated, filed a class action lawsuit on Sept. 25 in the U.S. District Court for the District of Colorado against Natural Grocers By Vitamin Cottage Inc. and Vitamin Cottage Natural Food Markets Inc., citing breach of contract and violation of the Colorado Consumer Protection Act.
Engl alleges the defendatns failed to safeguard his and others' private credit card and debit card information on or around December 2014, when hackers gained access to their data and a planted card-snooping maleware into their point-of-sales system.
The plaintiff argues that the defendants failed to not only protect sensitive information, but also inform customers and the public in a timely manner.
Engl claims that the grocery chain knowingly and willfully violated consumer protection laws, which resulted in the identity theft of its customers.
The plaintiff is demanding jury by trial and is suing for undisclosed damages, ordering defendants to pay for at least three years of credit protection services, to disclose those affected by the data breach immediately, and any other rewards deemed sufficient.
The plaintiffs are represented by attorneys Michael Obernesser and Joseph J. Siprut of Siprut PC in Colorado Springs and Chicago, and Cornelius P. Dukelow of Abington Cole and Ellery of Tulsa, Okla.
United States District Court, Colorado District Court case number 1:15-cv-021290NYW