A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor...more
We recently wrote about a decision in Attias v. CareFirst, Inc., holding that a class of plaintiffs whose information was compromised in a cyberattack had sufficiently demonstrated standing to survive a motion to dismiss. The...more
A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for...more
A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future...more
Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims...more
Whether a plaintiff has standing to sue is a wellspring of dispute in the context of data breach cases, and in Spokeo, Inc. v. Robins, the U.S. Supreme Court recently made clear that the battle must be fought on two fronts....more
Last month, a Minnesota federal judge tossed out extensive multidistrict legislation concerning a proposed class action of SuperValu shoppers. Shoppers from Illinois, Minnesota, and Idaho had alleged that the supermarket...more
Plaintiffs continue to battle for standing in data breach cases, and another federal court recently added to a growing body of decisions helpful to companies who find themselves on the receiving end of a lawsuit after falling...more
Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more
Earlier this month, a Texas federal judge rejected a data breach plaintiff’s claim of a relaxed standard for Article III standing based on the “heightened risks” posed by potential identity theft and security fraud. ...more
There is no question that data breaches are among the most common and costly threats to consumers and companies alike. What remains the subject of vehement debate is whether plaintiffs in cyber-attack cases must allege stolen...more