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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
In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...more
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
The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that...more
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
In Barclift v. Keystone Credit Services, LLC, the Philadelphia-based United States Court of Appeals for the Third Circuit determined that a Consumer did not have standing to sue under Fair Debt Collection Practices Act...more
Takeaway: Ever since the U.S. Supreme Court ruled in Clapper v. Amnesty Int’l USA, 568 U.S. 398, 416 (2013), that plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on . . . hypothetical...more
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
Takeaway: We have written a number of articles about the kinds of intangible injuries that confer Article III standing in the data breach and credit reporting contexts. See Data breach class actions: Southern District of...more
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
While more states push forward on new privacy legislation statutorily granting consumers the right to litigate control of their personal information, federal courts continue to ponder how data breach injury fits traditional...more
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
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
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
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