Tag archives: standing

Fourth Circuit Weighs In On What Constitutes “Injury-in-Fact” in Data Breach Cases

In the data breach case, Beck v. McDonald, 848 F.3d 262 (4th Cir. 2017), the U.S. Court of Appeals for the Fourth Circuit joined at least five other circuits in analyzing whether mere allegations of future identity theft can establish injury-in-fact as required to confer Article III standing.  There, the Court found that allegations of future harm were too speculative, particularly where there was no allegation or evidence that the confidential information was targeted or had been used fraudulently. The analysis aligns with distinctions made by other circuits between misplaced or stolen physical property cases, where the loss of … Continue Reading

Skimming Case Highlights Difference Between Having Standing and Stating a Cause of Action

Data Protection Report - Norton Rose Fulbright

The U.S. District Court for the Northern District of Illinois dismissed a putative class action against Barnes & Noble last week based on an incident in 2012 in which criminals tampered with payment card PIN pad terminals to steal customer payment card information from retail stores in nine states. The court’s decision highlights an important difference between the legal concepts of an “injury-in-fact” (which is necessary to support a finding of Article III standing so as to be able to maintain a case in federal court) and “damages” (which must be alleged to maintain many causes of action, such as … Continue Reading

Increased Risk of Fraudulent Charges and Identity Theft Sufficient to Confer Article III Standing According to 7th Circuit

Data Protection Report - Norton Rose Fulbright

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.… Continue Reading

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