By

Michelle Hartmann

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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