Court Largely Denies Motion to Dismiss Data Breach Lawsuit Against Hy-Vee

On April 20, 2020, the United States District Court for the Central District of Illinois largely denied Hy-Vee’s motion to dismiss Plaintiffs’ Consolidated Second Amended Class Action Complaint.  The lawsuit relates to a massive data breach suffered at Hy-Vee—a company that operates gas pumps, coffee shops, restaurants, and grocery stores—that exposed the sensitive payment card information of millions of Hy-Vee customers.

Although the Court dismissed Plaintiffs’ negligence, unjust enrichment, and third party contract claims, it found that Plaintiffs stated viable claims for implied contract and violations of various consumer fraud and data breach notice statutes. The Court’s decision allows this case to proceed into discovery. The Court’s decision on the motion to dismiss is available here.

If you would like to speak with us about this lawsuit or believe you were impacted by the Hy-Vee data breach, please contact the lawyers listed below.

Attorneys for this case:

Benjamin F. Johns
Andrew W. Ferich
Alex M. Kashurba