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Data Privacy › Standing › Personal Information

Pierce Atwood LLP

Massachusetts Court Grants Motion to Dismiss "Spy Pixel” Privacy Class Action for Lack of Standing

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On January 31, 2025, in Campos v. TJX Companies, Inc., No. 24-cv-11067, the District of Massachusetts granted a motion to dismiss a class action due to the plaintiff’s lack of standing. The court concluded that the named...more

BakerHostetler

Courts Are Still Willing To Dismiss Data Breach Lawsuits for Lack of Standing

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In data breach litigation, courts generally find plaintiffs have standing such that their complaints may proceed past the pleading stage when it is alleged that sensitive information was impacted and there is an allegation of...more

Clark Hill PLC

Illinois Supreme Court Affirms Dismissal of Data Breach Class Action for Lack of Standing

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On Jan. 24, the Illinois Supreme Court, in Petta v. Christie Business Holdings Company, PC, affirmed the dismissal of a putative class action following an alleged data breach because the named plaintiff failed to allege any...more

Constangy, Brooks, Smith & Prophete, LLP

Litigation under New Jersey’s “Daniel’s Law”

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The New Jersey privacy statute – “Daniel’s Law” – has been in full effect for only a little more than a year now, but New Jersey courts have already been inundated with a wave of lawsuits. In February 2024 alone, more than...more

Pierce Atwood LLP

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

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On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been...more

Troutman Pepper Locke

The Supreme Court’s Ramirez Isn’t Standing in the Way of Standing in Recent Data Breach and Privacy Cases

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Despite the much-anticipated impact of TransUnion LLC v. Ramirez (“Ramirez”), the Supreme Court decision has not prevented data breach and privacy class actions from proceeding past the pleading stage in federal courts across...more

King & Spalding

Northern District of California Holds Plaintiffs Lack Article III Standing to Sue Ancestry.com for Profiting Off Their Personal...

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On March 1, 2021, Magistrate Judge Laurel Beeler of the Northern District of California dismissed a variety of claims brought against the genealogy website Ancestry.com based on the website’s use of individuals’ personal...more

Patterson Belknap Webb & Tyler LLP

Judge Finds No Article III Standing in Proposed Class Action Against Marriott

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The question of standing has proven to be a tricky one in data breach litigation. Last week a federal district court in Maryland rejected a proposed class action brought by Marriott guests related to a data breach suffered by...more

Faegre Drinker Biddle & Reath LLP

The Eleventh Circuit Finds that Potential Future Misuse of Personal Information Does Not Confer Article III Standing in Data...

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On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split. The case,...more

Troutman Pepper Locke

No Federal Court Standing for Data Breach Claims Alleging Theft of Non-Sensitive Personal Information

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A federal court in California has ruled that the plaintiff in a putative class action alleging theft of non-sensitive personal information arising from a cybersecurity data breach lacks Article III standing to maintain his...more

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

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It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

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