CSK&D Files an Opposition to Rutter’s Motion to Dismiss

On July 27, 2020, CSK&D and co-counsel, Lowey Dannenberg, filed an Opposition to Rutter’s Motion to Dismiss the class action complaint. Plaintiffs filed a class action Complaint against Rutter’s—the owner of 72 convenience stores and gas stations in three states—for allowing and failing to detect a security breach that permitted hackers to penetrate Rutter’s’ systems and extract customer card information for nearly eighteen months. In their Opposition to Rutter’s’ Motion to Dismiss the Complaint, Plaintiffs challenge Rutter’s’ contentions that Plaintiffs lacked standing to bring claims against Rutter’s for failing to adequately protect Plaintiffs’ sensitive card information against a security breach. Plaintiffs also combat Rutter’s’ arguments to dismiss claims for negligence, negligence per se, breach of implied contract, unjust enrichment and violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Rutter’s’ reply brief is due to be filed on August 10, 2020. The case is proceeding in the Middle District of Pennsylvania before Judge Jones.