The Secure Times

An online forum of the ABA Section of Antitrust Law's Privacy and Information Security Committee

Court Reconsiders Retail Liability in Hannaford Breach Case

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U.S. District Court Judge D. Brock Hornby, who is overseeing a Maine data breach case involving a 2007-2008 breach of the Hannaford Brothers supermarket chain, has reversed his earlier decision to dismiss a class-action lawsuit against Hannaford Brothers.   

Maine law covering breaches allows consumers to recover damages if the merchant’s negligence caused a direct loss to the consumer’s account.  Judge Hornby is asking the state’s Supreme Court whether "time and effort alone, spent in a reasonable effort to avert reasonably foreseeable harm, constitute a cognizable injury under Maine common law?” If the Supreme Court decides that such losses do merit compensation, it may eliminate some of the protections that have shielded retailers from legal liability for data breaches. 


Author: ABA Antitrust

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