CHICAGO (Legal Newsline) – A customer of the world's largest online gift shop alleges he and other consumers were exposed to credit card theft after a data breach earlier this year.
Michael Fus, individually and on behalf of all others, filed a lawsuit against CafePress Inc. in the U.S. District Court for the Northern District of Illinois on Oct. 4 alleging negligence and violation of the Illinois Personal Information Protection Act, Illinois Consumer Fraud Act and the Illinois Uniform Deceptive Trade Practices Act.
The suit states the defendant informed customers in October that its database had been hacked in February.
“CafePress failed to protect plaintiff’s and its customers’ personal information, including their names, addresses, telephone numbers, email addresses, passwords, the last four digits of credit cards, credit card expiration dates, and, in some instances, Social Security numbers and tax identification numbers,” Fus alleges in the lawsuit.
He alleges ever since the data breach occurred in February, consumers have been subject to credit card theft. He alleges he has spent money on credit monitoring services and other ways to mitigate his risk.
“Regardless of whether they have yet to incur out-of-pocket losses, plaintiff and all CafePress customers whose personal information was stolen remain subject to a pervasive, substantial and imminent risk of identity theft and fraud,” alleges Fus.
The plaintiff alleges the defendant failed to implement and maintain reasonable security and privacy measures to protect him and other consumers.
He requested class certification and permanent injunctive, compensatory, consequential, general and nominal damages that would be ruled on at trial. He also seeks declaratory relief, and legal costs such as attorneys’ fees as well as pre- and post-judgment interest at the highest rate legally allowed. He also seeks a jury trial.
Elizabeth A. Fegan and Timothy A. Scott of Fegan Scott LLC in Chicago and Lynn A. Ellenberger of Fegan Scott in Pittsburgh are representing Fus.
U.S. District Court for the Northern District of Illinois case number 1:19-cv-06601