The lead plaintiff is a woman whose credit card data has been misused

Jan 16, 2014 14:22 GMT  ·  By

A class action has been filed against Neiman Marcus, the high-end retailer that suffered a data breach in which customer payment card information has been compromised.

SC Magazine reports that the lawsuit has been filed in the Eastern District of New York on Monday. Equitable relief is sought for impacted customers. However, one woman, Melissa Frank, is the lead plaintiff because her credit card has already been used by fraudsters.

She believes the unauthorized transactions are a result of the breach suffered by Neiman Marcus. The plaintiffs say the damages in the incident exceed $5 million (€3.67 million).

The company is accused of failing to implement proper security measures to protect its customers’ personal information.

A number of US retailers suffered data breaches over the past holiday season, including Target and three smaller ones that haven’t been named yet. Target has admitted that 40 million payment cards have been compromised.

In the case of Neiman Marcus, the number of impacted individuals has not been made public.