In re Michaels Stores Pin Pad Litigation

MEMORANDUM OPINION

CHARLES P. KOCORAS, District Judge:

This case comes before the Court on the motion of Defendant Michaels Stores, Inc. (“Michaels”) to dismiss the Consolidated Amended Class Action Complaint (the “Complaint”) pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the motion is granted in part and denied in part.

BACKGROUND1

Michaels is a specialty arts and crafts retailer. Like many other retailers, Michaels uses PIN pads to process customers’ debit and credit card payments. To make a debit or credit card purchase through a PIN pad, a cardholder…