Hy-Vee Class Action Lawsuit Filed Over Data Breach

A class action lawsuit claims that Hy-Vee did not do enough to protect millions of customers from a data breach that compromised a range of personal information.

Affected purchases reportedly include those made at Hy-Vee gas pumps, restaurants, and drive-through coffee shops.

Plaintiffs Noreen Perdue and Dustin Murray say that they and more than 5 million Hy-Vee customers were injured by the data breach because they are now exposed to possible identity theft and the financial risks associated with it.

Compromised information exposed in the Hy-Vee data breach reportedly includes credit card and debit card numbers, expiration dates, cardholder names, and other card information.

The Hy-Vee data breach class action lawsuit states that the company first notified the public about the data breach on Aug. 14, 2019. Allegedly, the company waited two months after the data breach occurred to inform customers about it.

Additionally, the customers in the Hy-Vee class action lawsuit say that the company did not provide additional details until Oct. 3, 2019. At that point, the company allegedly informed customers that the breach occurred sometime between Dec. 14, 2018 and July 29, 2019, and was discovered on July 29, 2019.

At that time, Hy-Vee reportedly provided information on what locations were affected, and provided info that the company would be sending out notices to possibly affected individuals.

Allegedly, this made it more difficult for customers to protect themselves against the possible impact of the data breach.

Perdue and Murray say that “apparently, Hy-Vee believed it was best to wait until its internal investigation of the Data Breach concluded until providing its customers with details about the breach so they can protect against fraud and identity theft.”

The Hy-Vee data breach class action lawsuit claims that Hy-Vee did not take sufficient measures to maintain data security, and this negligence resulted in the exposure of customers’ data.

Perdue and Murray say that because many companies have experienced recent data breaches, Hy-Vee should have taken more steps to protect its customers’ data.

Additionally, the customers say that Hy-Vee misrepresented itself as a company committed to data security through advertisements.

The customers cite one such advertisement, including the company’s claim “Hy-Vee takes the security of payment card data very seriously.” However, the customers claim that the data breach and the company’s response to it shows that this is not true.

The two customers are seeking damages on behalf of themselves and other similarly affected customers.

Have you had your personal information compromised in a data breach? Share your story in the comments below.

Perdue and Murray are represented by Katrina Carroll and Kyle Shamberg of Carlson Lynch LLP, Benjamin F. Johns and Andrew W. Ferich of Chimicles Schwartz Kriner & Donaldson-Smith LLP, and Cornelius P. Dukelow of Abington Cole + Ellery.

The Hy-Vee Data Breach Class Action Lawsuit is Noreen Perdue, et al. v. Hy-Vee Inc., Case No. 1:19-cv-01330-MMM-JEH, in the U.S. District Court for the Central District of Illinois.

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