News & Analysis as of

Identity Theft Class Action

Dechert LLP

Dechert Cyber Bits - Issue 21

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US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

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The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2022 #2

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CYBERSECURITY - Twilio Hit with Social Engineering Smishing Scheme - We’ve explained smishing schemes before. Smishing is like phishing, but uses SMS texting to deliver malicious code to users’ phones, or tricks the user...more

Robinson+Cole Data Privacy + Security Insider

ACTS Retirement Services Faces Class Action over Data Breach

ACTS Retirement Services, Inc. (ACTS), a non-profit corporation that manages retirement communities, suffered a data breach in April 2022, which led to unauthorized access to thousands of current and former employees’...more

BakerHostetler

DSIR Deeper Dive: Class Certification Jurisprudence

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Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more

Robinson+Cole Data Privacy + Security Insider

University of Pittsburgh Medical Center Settles Data Breach Class Action for $450,000

The University of Pittsburgh Medical Center (UPMC) recently settled a data breach class action for $450,000 stemming from a 2020 data breach that led to the compromise of about 36,000 UPMC patients....more

Robinson+Cole Data Privacy + Security Insider

San Diego Family Care Settles Data Breach Class Action for $1 Million

Recently, San Diego Family Care (SDFC) settled a class action related to a 2020 data breach for $1 million. The class includes all SDFC patients (or their parents/guardians) who received a breach notification in May 2021....more

Robinson+Cole Data Privacy + Security Insider

Mediant Communications Settles Data Breach Class Action Lawsuit

Last week, Mediant Communications Inc. (Mediant) settled a class action lawsuit in the U.S. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’...more

Robinson+Cole Data Privacy + Security Insider

IT Staffing Company Settles Data Breach Class Action

Artech Information Systems settled a data breach class action this week for an incident that occurred in January 2020. Artech will pay up to $10,000 to each individual affected by the breach, based on a tiered payment system....more

Bilzin Sumberg

Recent Settlements and Penalties Show Perils of Data Breaches

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Two major U.S. financial institutions, Morgan Stanley and Capital One, recently agreed to resolve separate class action lawsuits by paying, in the aggregate, hundreds of millions of dollars in compensation for massive data...more

King & Spalding

Second Circuit Finds Risk of Future Identity Theft Insufficient to Confer Article III Standing in a Data Security Class Action

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On April 26, 2021, the Second Circuit considered—for the first time in a published decision—the question of Article III standing in the context of a data security case. In McMorris v. Carlos Lopez & Associates LLC, the court...more

Vinson & Elkins LLP

No (Actual) Injury, No Problem: Second Circuit Recognizes An “Increased-Risk” Theory Of Standing For Plaintiffs In Data Breach...

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In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more

Kilpatrick

Data breach class actions: M.D. Fla. threads the Rule 23 needle in certifying the first consumer payment card class action

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Takeaway: Judge Timothy Corrigan of the Middle District of Florida recently found a way to certify a class action where consumers alleged the theft of payment card data, acknowledging he “may be the first to certify a Rule...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Dismissal of Class Action Based on Claimed “Increased Risk” of Harm

Is there standing to bring a lawsuit when an employee’s personal information is mistakenly circulated to all employees at the company?  A recent decision addressed exactly this question. In McMorris v. Carlos Lopez &...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Addresses Critical Issue in Data Breach Class Actions: Article III Standing Based on Allegations of Future Misuse...

On April 26, 2021, the Second Circuit Court of Appeals decided the case of McMorris v. Carlos Lopez & Assocs., No. 19-4310, 2021 WL 1603808 (2d Cir. Apr. 26, 2021) and addressed one of the most critical issues in private data...more

Jackson Lewis P.C.

The Circuit Split Continues: 11th Circuit Weighs In On Standing In Data Breach Litigation

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The 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao...more

King & Spalding

Eleventh Circuit Holds Risk of Future Identity Theft Insufficient to Confer Article III Standing in a Data Breach Class Action

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On February 4, 2021, the Eleventh Circuit became the latest federal court of appeals to weigh in on a question that has divided the circuits: whether a plaintiff has standing to sue in a data breach case based on an alleged...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 2. Privacy Briefs: February 2021

Report on Patient Privacy 21, no. 2 (February 2021) - The Florida Healthy Kids Corporation (FHKC), a Medicaid managed care plan, said one of its vendors, Jelly Bean Communications Design, experienced a security incident...more

Proskauer - Minding Your Business

Circuit Split Deepens as Eleventh Circuit Rejects “Risk of Identity Theft” Theory of Standing in Data Breach Suit

On February 4, 2021, the Eleventh Circuit affirmed the dismissal of a customer’s proposed class action lawsuit against a Florida-based fast-food chain, PDQ, over a data breach. The three-judge panel rejected the argument that...more

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

Balch & Bingham LLP

The Eleventh Circuit Continues to Build on Article III Standing Requirement

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In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and instead there must be a concrete injury to sustain...more

Womble Bond Dickinson

Eleventh Circuit Vacates Godiva FACTA Settlement

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Justice Kavanaugh said earlier this summer that “[c]ourts sometimes makes standing law more complicated than its needs to be.” The majority in the Eleventh Circuit took that statement to heart in its en banc opinion in...more

Alston & Bird

Eleventh Circuit Is Not So Sweet To Consumer Plaintiffs Alleging FACTA Violations

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A&B Abstract: The Eleventh Circuit’s recent decision in Muransky v. Godiva Chocolatier, Inc., No. 16-16486 (11th Cir. Oct 28, 2020) marks a shift in the court’s position regarding what a consumer plaintiff must allege in...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 2, July 2020

The Editors' Note - Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more

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