By

Benjamin Thomas

05 May 2017

Second Circuit Declares Retailer Victory in Data Breach Case

The U.S. Court of Appeals for the Second Circuit ruled on May 3 that a plaintiff who claimed that her credit card information was stolen in a data breach, but who failed to point to any particular out-of-pocket expense or inconvenience, does not have Article III standing to sue. In summarily affirming the dismissal of plaintiff’s complaint, the Second Circuit explained that amorphous fear of an increased threat of identity theft is not sufficient to create standing. The Second Circuit also held that, where a data breach has exposed only credit card information, and the plaintiff cancels the credit card, there is no plausible risk of future harm sufficient to confer standing. (more…)

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06 April 2017

The Widening Data Breach Standing Split: Fourth Circuit Finds No Standing From Increased Risk of Future Identity Theft

The U.S. Court of Appeals for the Fourth Circuit has added to the growing circuit split on standing in data breach cases in Beck v. McDonald, No. 15-1395 (Feb. 6, 2017). The circuit split now divides at least six federal courts of appeal regarding what data-breach victims must show to establish an “injury-in-fact” under Article III. The Fourth Circuit held that merely having your personal data stolen — and the alleged corresponding increased risk of future theft—is insufficient to satisfy Article III’s injury-in-fact requirement. (more…)

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