her account. The other named plaintiffs had already been reimbursed by their banks or credit card companies.[¶4] The plaintiffs’ complaint alleged breach of implied contract (Count 1), breach of implied warranty (Count 2), breach of a confidential relationship(Count 3), failure to advise customers of the data theft (Count 4), strict liability(Count 5), negligence (Count 6), and unfair trade practices (Count 7). The plaintiffs sought damages to compensate them for the expenditure of time andeffort necessary to remedy the disruption of their financial affairs and for variousfees, charges, and lost reward points.[¶5] Hannaford filed a motion to dismiss the plaintiffs’ consolidatedcomplaint for failure to state a claim upon which relief may be granted, pursuant toFed. R. Civ. P. 12(b)(6). After a hearing, the court granted the motion to dismissin part and denied it in part.
In re Hannaford Bros. Co. Customer Data Sec. Breach Litig.
, 613 F. Supp. 2d 108, 136 (D. Me. 2009). The court dismissedCounts 2, 3, 4, and 5 as to all plaintiffs.
at 119-26, 136. For the remainingcounts, the court determined that dismissal was dependent upon whether the plaintiffs had suffered an injury for which Maine law would grant relief.
at131.[¶6] To make this determination, the court identified three categories of plaintiffs: (1) those who had never experienced a fraudulent charge; (2) the sole