A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor inconvenience flowing from a procedural violation…
Blog Archives
Technical FACTA Violation Insufficient to Confer Standing
Tagged with: class action, cybersecurity, facta, litigation, spokeo, standing
Posted in Litigation, Privacy
Posted in Litigation, Privacy
Latest Spokeo Decision Adds to the Growing Body of Law Supporting Article III Standing for Cybersecurity Plaintiffs
We recently wrote about a decision in Attias v. CareFirst, Inc., holding that a class of plaintiffs whose information was compromised in a cyberattack had sufficiently demonstrated standing to survive a motion to dismiss. The U.S. Court of Appeals for…
CareFirst Data Breach Appeal Holds Three Key Lessons for Cyberattack Litigants
A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for the District of Columbia…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Cyberattack, Data Breach, Litigation
Posted in Cyberattack, Data Breach, Litigation
Coca-Cola Dodges Privacy Class Action
Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of Pennsylvania found that Coca-Cola was not…
Tagged with: breach, class action, cyber security, cybersecurity, laptop, litigation, privacy
Posted in Data Breach, Data Security, Litigation, Privacy
Posted in Data Breach, Data Security, Litigation, Privacy
Win for Insurance Industry in Computer Fraud Coverage Ruling
Computers are involved at some point in almost every business transaction—that is the reality of life in the digital age. The implications of that fact are still being worked out with respect to the interpretation of insurance contract computer fraud…
Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing
A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future identity theft…
Tagged with: breach, class action, cybersecurity, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Sixth Circuit Eases Plaintiffs’ Burden for Standing in Data Breach Claims
Insurance companies are susceptible to the same sort of data breaches as suffered by many other businesses, such as the recently reported theft from Yahoo of the personal data in half a billion accounts. In a major decision that may…
Tagged with: breach, data breach, insurance, litigation, standing
Posted in Cyberattack, Data Breach, Insurance, Litigation
Posted in Cyberattack, Data Breach, Insurance, Litigation
Data Breach Plaintiffs Continue to Face Article III Standing Challenges
Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who cannot establish that the stolen information was actually used improperly. Class action claims against CareFirst Blue Cross Blue Shield…
Tagged with: breach, class action, cyber security, data breach, litigation, standing
Posted in Data Breach, Litigation
Posted in Data Breach, Litigation
Cyber Attacks Reach Subrogation
It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears, subrogation recovery follows. We have not seen an overwhelming number…
Tagged with: breach, coverage, cyber security, data breach, data security, litigation, subrogation
Posted in Cyberattack, Data Breach, Legislation, Litigation
Posted in Cyberattack, Data Breach, Legislation, Litigation
Courts: We Hear No Suit Based on Cyber Crime Before its Time
Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber breach suits for lack…
Tagged with: breach, class action, cyber crime, cybersecurity, data breach, hacking, litigation, standing
Posted in Cyber crimes, Cyberattack, Data Breach, Litigation, Privacy
Posted in Cyber crimes, Cyberattack, Data Breach, Litigation, Privacy
