In Beck v. McDonald, the 4th US Court of Appeals joined at least 5 other circuits in analyzing whether mere allegations of future identity theft can establish injury-in-fact as required to confer Article III standing.
Sixth Circuit: Suit Challenging Data Breach Caused by Hacking May Proceed
The U.S. Court of Appeals for the Sixth Circuit concluded that certain allegations of harm after a data breach caused by hacking are sufficiently concrete to confer Article III standing. This case may make it more difficult for companies defending data breach suits to quickly obtain dismissal of plaintiffs’ claims.
Increased Risk of Fraudulent Charges and Identity Theft Sufficient to Confer Article III Standing According to 7th Circuit
After a district court dismissed a lawsuit filed by customers of restaurant chain P.F. Chang’s China Bistro whose payment card information was stolen during a data breach, the 7th Circuit Court of Appeals has revived the suit. In a ruling last week, the appellate panel found that customers whose payment card information was stolen in the breach have standing to sue, even if they don’t allege any actual losses from identity theft or payment card fraud.