As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases. In that case, the Seventh Circuit rejected arguments that...more
In the latest decision concerning standing in data breach cases, the Fourth Circuit has vacated a district court’s dismissal and reinstated putative class action data breach litigation against the National Board of Examiners...more
A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v....more
3/1/2018
/ Article III ,
Cybersecurity ,
Data Breach ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Jurisdiction ,
Personal Data ,
Personally Identifiable Information ,
Spokeo v Robins ,
Standing
In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal...more
6/3/2016
/ Article III ,
Background Checks ,
Class Action ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Job Applicants ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Statutory Damages
Court holds that plaintiff must allege a concrete injury to have standing to sue for a statutory violation; remands for further proceedings -
In its just-issued decision in Spokeo, Inc. v. Robins, No. 13-1339, slip op....more