News & Analysis as of

Credit Cards Class Action Identity Theft

Lowenstein Sandler LLP

11th Circuit Adds to Circuit Split, Holding Threat of Future Harm and Associated Mitigation Efforts Is Not Enough to Confer...

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Earlier this month, the Eleventh Circuit, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), affirmed the dismissal of a class-action lawsuit brought on behalf of patrons...more

Carlton Fields

Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing To Sue Post-Data Breach, But What Does It Mean For...

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The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. ...more

BCLP

2017 Data Breach Litigation Report

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2016 was another year in which data breaches continued to dominate the headlines, a constant reminder to people that their personal information was vulnerable and the target of criminal attacks. Yet, despite the fact that...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

Ballard Spahr LLP

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

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The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class certification. ...more

Robinson+Cole Data Privacy + Security Insider

Uber class action case hits roadblock

A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first...more

Carlton Fields

Circuit Split on Standing in Data Breach Class Actions Survives Clapper

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Last Friday, the Seventh Circuit Court of Appeals denied a retailer’s petition for rehearing en banc of a three-judge panel opinion holding that plaintiffs whose credit card information was stolen in a data breach had...more

Robinson+Cole Data Privacy + Security Insider

Neiman Marcus files Petition for Rehearing En Banc

We previously reported on the Seventh Circuit’s reversal of the District Court’s dismissal of the data breach class action case against Neiman Marcus. On August 3, 2015, Neiman Marcus filed a Petition for Rehearing requesting...more

King & Spalding

Seventh Circuit: Neiman Marcus Data Breach Victims Have Standing To Bring Class Action

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The Seventh Circuit Court of Appeals decided on July 20, 2015, that individuals whose credit card information was exposed to hackers in the 2013 Neiman Marcus data breach have standing to sue the luxury department store in a...more

Ballard Spahr LLP

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

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An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

Mintz - Privacy & Cybersecurity Viewpoints

On the 11th Day of Privacy, class counsel served on me……

. . . a data breach class action. Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more

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