DIEFFENBACH v. BARNES & NOBLE, INC.

No. 17-2408.

887 F.3d 826 (2018)

Heather DIEFFENBACH and Susan Winstead, Plaintiffs-Appellants, v. BARNES & NOBLE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 11, 2018.


Attorney(s) appearing for the Case

Ben Barnow , Attorney, Erich Schork , Attorney, Barnow & Associates, P.C., Chicago, IL, Joseph Siprut , Attorney, Siprut PC, Chicago, IL, for Plaintiffs-Appellants.

Peter V. Baugher , Attorney, Baugher Dispute Resolution LLC, Chicago, IL, Kenneth L. Chernof , Attorney, Allyson Himelfarb , Attorney, Arnold & Porter Kaye Scholer LLP, Washington, DC, for Defendant-Appellee.

Before Wood, Chief Judge, and Easterbrook and Hamilton, Circuit Judges.


In 2012 Barnes & Noble discovered that scoundrels had compromised some of the machines, called PIN pads, that it used to verify payment information. They acquired details such as customers' names, card numbers and expiration dates, and PINs. Some customers temporarily lost the use of their funds while waiting for...

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