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Deerfield Woman Sues Barnes & Noble for Identify Theft

One of the customers of Deerfield store takes action against bookseller for not properly securing her personal information.

A Deerfield woman sued Barnes & Noble for invasion of privacy claiming her credit card information was stolen when shopped at the booksellers’ Deerfield store in August and September, according to a complaint filed Monday in federal court in Chicago.

Susan Winstead filed the complaint for herself and “on behalf of others similarly situated” attempting to create a class action lawsuit against Barnes & Noble arising from compromised pin pads in 63 of the company’s stores throughout the United States, according to the complaint.

Earlier: Deerfield Barnes & Noble Card Readers Were Hacked

“The area of personal data protection is an area of rising public concern and something that needs to be of the utmost importance to the retail and merchant group in the country,” Aron Robinson, one of Winstead’s lawyers, said.

According to the complaint, Winstead received a call from her credit card company in late September about a potentially fraudulent transaction. She confirmed the activity was improper and deactivated the card.

Though Barnes & Noble acknowledged Oct. 24 PIN pads in 63 stores including Deerfield and Evanston had been compromised and information contained there stolen by criminals, it has yet to offer any compensation to the victim, according to the complaint.

The complaint also claims Wintstead and others whose personal information was wrongfully obtained will be required to take corrective action which could leave them more vulnerable to identity theft in the future, according to the complaint.

Robinson believes people should be better protected. “Consumers need to be comfortable providing this kind of information to retailers and know retailers are using every measure possible to secure their customer’s private information,” he said.

In addition to identity theft, Winstead has accused Barnes & Noble of negligence, violation of the Fair Credit Reporting Act (the Act) and further negligence violating the Act.

Barnes & Noble did not respond to a request from Patch for comments.

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Richard Hertz October 31, 2012 at 01:29 pm
The correct thing to do is stop using a debit card at places where there is pin pad. Have the salesperson swipe your card at the register to prevent this. I had this happen to me at the Michael's in Vernon Hills were the thieves replaced the pin pad with theirs. What they did was had a small camera coming up from the bottom to watch you type in your pin number and a device that would record the data of the card when it was swiped.
I heard later that the thieves would ask if the manager was in the store or when they would be off. Then they would come up to a salesperson and say that they were from the credit cards swiper company and they where there to replace the readers because of a problem. After about a month or two later, they would return and say they fixed them and replace it with the original. Banks can refund the money that was removed from your checking account. I tried calling visa/master card to stop issuing debit cards but all they said was "call the bank since they put they out, with our symbol and their name".
Winnetka October 31, 2012 at 03:36 pm
This happened to the Michael's crafts chain of stores. How it works: criminal gangs form networks across the country-obtaining jobs at retail chains such as B&N, Michael's etc. They rig the keypads, collecting and monetizing consumer info. It's organized crime. Someone involved in risk mgmt for this company needs to bone up on policy or be replaced. Moral of the story..don't use your debit card. You have more protection using a credit card not directly linked to your bank accounts. Or pay w/ cash.
RonnieTheLimoDriver October 31, 2012 at 06:30 pm
Interesting lawsuit. What is the woman's actual damages?
GHK October 31, 2012 at 06:39 pm
is suing really necessary here? We have become such a litigious country it is crazy. Winstead's bank caught the issue when someone fraudulently tried to use her information. Does she need remuneration for accepting the phone call from her bank and changing her pin number. "Aron Robinson, one of Winstead’s lawyers" How many lawyers does she need??? I bet she isn't paying them, but rather sharing in any windfall they receive in the settlement. Not much better than a whiplash attorney. Do you ever wonder why insurance is so expensive.
A concerned DHS Parent October 31, 2012 at 06:43 pm
A law suit ....Really....Don't our courts have more pressing issues!!!
b garrett October 31, 2012 at 10:28 pm
Just trying to A buck....maybe try to get on disabity also? That's a good gig these days....
Dave Rudnick November 1, 2012 at 01:08 am
Yeah, a lawsuit isn't necessary. The identity thieves, once caught and convicted, should have their hands surgically removed. No jail time. But no hands, either. With enough handless convicts walking around, I bet it would serve as a deterrent and prevent future identity thefts and computer hacking. Does it sound too harsh? Is the punishment too severe for the crime? Would you rather have your tax dollars wasted on three hots and a cot for these low lifes? Why should we all have to pay higher prices at the store to cover losses the business incurs defending lawsuits, higher insurance premiums the stores pay, and the money they spend on security cameras and other anti-theft devices? Make shoplifting, identity theft, and property crime less desirable for criminals and reduce the chance of recividism...off with their hands! Yeah, it sounds barbaric, but can you think of a better way to stop theft?
DeerfieldResident November 1, 2012 at 01:09 am
Seriously? This is embarrassing. You have no damages. A lawsuit? My guess is that these lawyers went looking for someone to start the ball rolling on their class action lawsuit. I wish Ms. Winstead had said no thank you.
b garrett November 1, 2012 at 01:14 am
you exactly correct! start public lashing like they do in Singapore............crime will rapidly fall off. eventually/ people will demand it/ otherwise no one safe in their home or on the street.
Richard Hertz November 1, 2012 at 02:27 am
I wonder if this woman was affected by the Michael's problem earlier and how she thinks suing companies is the best thing. I believe it is a stupid thing and it might come back to haunt her in the future. Next time write a check, pay cash or just tell the salesperson to swipe at the register. Is she going to pay her lawyers fees if she loses?
RonnieTheLimoDriver November 2, 2012 at 04:31 pm
The thieves are actually a very small part of the reason the problem goes unsolved. I know that sounds crazy, but its true. I'll illustrate this with a real life example. When I lived in the city, I had my credit card number stolen. The idiot was dumb enough to use my stolen number to pay his phone bill. Open and shut case, right?The real problem is twofold. 1)Lack of law enforcement resources to focus on this problem. I filed a police report and brought the evidence showing how it was used to pay a phone bill. I was told their was 1 detective assigned to all identity fraud for the city of Chicago and he would likely not get to my case given the dollar amounts involved. 2)Lack of decisive action on the part of the credit card companies. They never did anything about the fraud, even though I showed them that they could easily solve the case. They also have the technology, and have for years, to make it near impossible to commit this sort of fraud. However, its cheaper for them to deal with the chargebacks then fix the problem.
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Steven June 11, 2013 at 01:19 pm
There is nothing historical about this house. The historical house was torn down in order to buildRead More a modern house which vaguely resembles the home that was owned by Lyman Wilmot. But calling this new construction "an important part of the history of Deerfield" is a travesty.
annette kalcheim June 14, 2013 at 07:39 am
Mara, So sorry you feel this way. We feel that this really improves the neighborhood. Tried toRead More keep much of old structure, but Igor's rehab and lack of upkeep, made it impossible. couldn't even keep floors, all warped from water and walls full of mold. City did nothing to stop Igor from combining two distinct properties. I am having a champagne lunch Wed. June 19, 11:30 to 1:30. Would love for you to come and see the house. Maybe that will change your mind. Annette Kalcheim
Mara Meyer June 15, 2013 at 09:33 pm
Annette - my first statement was "beautiful house" so I have no qualms with your outcome -Read More however, this is a re-do, re-creation not the original house. But good luck! I am sure you will find a buyer quickly!
J.Lyn June 9, 2013 at 06:10 am
I neglected to include contact information. Please contact Jennifer at : j.lyn.mclick@gmail.com