U.S. Supreme Court deems sufficient the “increased risk of future identity theft” for standing in data breach putative class actions

On March 25, 2019, the Supreme Court denied Zappo’s petition for certiorari allowing a class action to proceed for a 2012 data breach even though consumers didn’t establish they were injured by the breach. This is a setback for companies hoping to limit their liability in data breach cases. By way of background. On June […]

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The Ninth Circuit changes standard on standing in data breach class actions: sufficient the “increased risk of future identity theft”

On March 8, 2018, the U.S. Court of Appeals for the Ninth Circuit found that an alleged “increased risk of future identity theft” suffices Article III standing requirement in a data breach putative class action. On June 1, 2015, the District Court of Nevada had dismissed for lack of standing the data breach putative class […]

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Data breach class actions cases in 2013, 2014, and 2015: the problem of “standing”

Several class actions have been filed in recent years against companies that had their database compromised as a consequence of a data breach. The class usually consists of consumers whose information was stolen in the breach. The problem that plaintiffs have faced in the majority of these actions is lack of standing. Indeed, in most […]

Data breach putative class action against Zappos dismissed for lack of standing because Plaintiffs did not allege they had suffer any harm

On June 1, 2015, the District Court of Nevada dismissed without prejudice for lack of standing a putative class action brought by data subjects whose personal information were stolen against Zappos. Zappos was targ eted by hackers and the personal identifying information of approximately 24 million of its customers were stolen. Shortly thereafter, a number […]


Illinois District court finds that improper collection and retention of face-scan measurements doesn’t constituted an injury-in-fact sufficient to meet Article III standing requirements

    On December 28, 2018, Google won summary judgment in a class action alleging that the company handles images in violation of the Illinois 2008 Biometric Information Privacy Act (BIPA). According to the District Court, “plaintiffs have not suffered an injury sufficient to establish Article III standing and their claims are dismissed.” In a (putative) class […]

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Class action against Facebook’s processing of personal biometric data continues

Updated on October 18th, 2019: On August 8, 2019, the United States Court of Appeals for the Ninth Circuit held that the plaintiffs have constitutional standing to sue Facebook for violating statutory privacy rights under the Illinois Biometric Information Privacy Act of 2008. Facebook had filed a motion to dismiss arguing that plaintiffs lacked standing […]

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U.S. Supreme Court grants certiorari because settlements may not be “fair, reasonable, and adequate” since Plaintiffs might not have standing in light of Spokeo

On March 20, 2019, the U.S. Supreme Court vacated a judgment of the Ninth Circuit and remanded it for further proceedings “Because there remain substantial questions about whether any of the named plaintiffs has standing to sue in light of our decision in Spokeo, Inc. v. Robins, 578 U. S. ___ (2016).” By way of […]


Data Breach Class Actions dismissed for lack of injury-in-fact requirement

On February 6, 2017, the Court of Appeals for the Fourth Circuit affirmed a district court judgement’s dismissal of two data breach class actions for lack of subject-matter jurisdiction:  Plaintiffs failed to establish a non-speculative, imminent injury-in-fact identity theft after a 2013 and 2014 data breach. This was a consolidated appeal of veterans against William Jennings Bryan […]


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