The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit alleged violations of the Stored…
Blog Archives
Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds
A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing. The plaintiff, Ahmed Kamal,…
Tagged with: credit cards, facta, PII, privacy, regulations, standing
Posted in Litigation, Privacy, Regulations
Posted in Litigation, Privacy, Regulations
Technical FACTA Violation Insufficient to Confer Standing
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 inconvenience flowing from a procedural violation…
Tagged with: class action, cybersecurity, facta, litigation, spokeo, standing
Posted in Litigation, Privacy
Posted in Litigation, Privacy
Latest Spokeo Decision Adds to the Growing Body of Law Supporting Article III Standing for Cybersecurity Plaintiffs
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 U.S. Court of Appeals for…
CareFirst Data Breach Appeal Holds Three Key Lessons for Cyberattack Litigants
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 the District of Columbia…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Cyberattack, Data Breach, Litigation
Posted in Cyberattack, Data Breach, Litigation
Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing
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 identity theft…
Tagged with: breach, class action, cybersecurity, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Plaintiffs in Horizon Breach Win Key Article III Ruling at 3rd Circuit
Recently, the Third Circuit Court of Appeals overturned a United States District Court for the District of New Jersey dismissal of a class action filed in the aftermath of a data breach at Horizon Healthcare Services Inc., (“Horizon”). The appellate…
Sixth Circuit Eases Plaintiffs’ Burden for Standing in Data Breach Claims
Insurance companies are susceptible to the same sort of data breaches as suffered by many other businesses, such as the recently reported theft from Yahoo of the personal data in half a billion accounts. In a major decision that may…
Tagged with: breach, data breach, insurance, litigation, standing
Posted in Cyberattack, Data Breach, Insurance, Litigation
Posted in Cyberattack, Data Breach, Insurance, Litigation
Data Breach Plaintiffs Continue to Face Article III Standing Challenges
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 against CareFirst Blue Cross Blue Shield…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Courts: We Hear No Suit Based on Cyber Crime Before its Time
Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber breach suits for lack…
Tagged with: breach, class action, cyber crime, cybersecurity, data breach, hacking, litigation, standing
Posted in Cyber crimes, Cyberattack, Data Breach, Litigation, Privacy
Posted in Cyber crimes, Cyberattack, Data Breach, Litigation, Privacy
