News & Analysis as of

Retail Market Identity Theft

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #261 – Online Shopping Tips for the Holidays

I have done more online shopping this year than ever before, and I know that I am not alone. With the holidays approaching, this will only increase because of the pandemic, and hackers and fraudsters know it....more

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

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Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Carlton Fields

Ninth Circuit Gives Leg Up To Shoe Purchasers’ Data Breach Suit

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On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more

Fenwick & West LLP

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

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The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

Fenwick & West LLP

Litigation Alert: Second Circuit Limits Standing to Bring Data Breach Class Actions

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This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more

Patterson Belknap Webb & Tyler LLP

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...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

Robinson+Cole Data Privacy + Security Insider

Data Breach Class Action Case Dismissed Against Barnes & Noble

A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble...more

Robinson+Cole Data Privacy + Security Insider

American Thrift Stores announces data breach

American Thrift Stores announced this week that like other retailers, it has been hit with a security breach “that occurred through software used by a third-party service provider” that allowed “criminals from Easter Europe”...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

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