On June 12, 2017, a putative class action was filed in the U.S. District Court for the Northern District of Georgia against Tempur Sealy International, Inc. and Aptos, Inc. Tempur Sealy is a mattress, bedding and pillow retailer based in Lexington, Kentucky. Aptos is headquartered in Atlanta, Georgia, and formerly hosted and maintained Tempur Sealy’s website and online payment system. The plaintiff alleges that the breach was discovered in November of 2016 and involved the exposure of payment card data and other PII of an undisclosed number of Tempur Sealy customers.
The named plaintiff alleges at least one payment card charge which, “upon information and belief,” she believes was fraudulent. The allegations do not specifically identify whether the charge was related to the exposed payment card information. However, the plaintiff does allege that the identified charge was not reimbursed. The plaintiff’s other alleged injuries are related to benefit-of-the-bargain/overpayment theories and loss of PII value (both of which are generally unpopular arguments with courts), time spent monitoring accounts, card replacement costs and an increased risk of future harm.