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Lead plaintiff Tamara Nedlouf filed the PNI class action lawsuit in 2015, after she discovered CVSphoto.com breached her privacy by allowing a hacker to steal personal and financial information. Nedlouf stated in the class action lawsuit that CVS emailed her on September 1, 2015 confirming the data breach.
Nedlouf believed PNI had implemented safeguards to prevent cyber attacks against her personal and financial information. According to class action lawsuit documents, she would not have given PNI sensitive personal and financial data if she was aware of the company’s failure to protect customer information against cyber intrusions. The class action lawsuit also contends that PNI failed to alert customers in a timely manner concerning the data breach.
The PNI Class action lawsuit charges PNI with violating Georgia’s data breach law, as well as negligence, breach of contract, breach of implied contract, and bailment and unjust enrichment. PNI Digital Media continues to deny the charges, but the company settled the class action lawsuit to avoid the high costs and uncertainty associated with a civil trial.
What You Need To Know
According to class counsel, eligible class member involved in the PNI class action settlement “include residents of the United States who made an online payment to CVS Pharmacy Inc., Costco Wholesale Corporation, and/or Rite Aid Corporation for photo services using a credit, debit or other payment card between June 2014 and the end of July 2015, and who provided their payment card information to PNI Digital Media.”Eligible class members can opt out of the class action settlement or dispute any part of the agreement until October 28, 207.
Compensation for class members comes in two forms. Expense reimbursement allows class members to claim up to $250 for reimbursements to cover out of pocket expenses such as unreimbursed bank fees, card reissuance fees, overdraft fees, over-limit fees and late fees, long-distance telephone charges, cell phone minutes, and unreimbursed charges related to unavailability of funds. The class action settlement website www.PhotoProcessingSettlement.com lists all of the reimbursed expenses. Extraordinary expense reimbursement involves class members who experienced other types of financial losses caused by the compromising of customer personal and monetary information. The reward for extraordinary expensed reimbursement is up to $10,000.
Eligible class members must present evidence that supports the claim of financial losses that allegedly resulted from the data breach. The deadline for submitting a valid claim form is December 14, 2017. The judge presiding over the case T.A.N. v. PNI Digital Media Inc., Case No. 2:16-cv-00132-LGW-RSB, in the U.S. District Court for the Southern District of Georgia has scheduled the final hearing on November 17, 2017. After the final hearing, court administrators will upload the transcript of the proceedings to the class action settlement website.