Cybersecurity » Standing Is Key Issue In Cyber Lawsuits

Standing Is Key Issue In Cyber Lawsuits

Group crowd class ne Wallace

July 12, 2016

District Courts have traditionally dismissed consumer lawsuits for data breach on the grounds that plaintiffs could not allege or prove actual harm, a requirement for standing that rests on Clapper v. Amnesty International USA, a 2013 Supreme Court decision. Courts applying Clapper to data breach complaints have generally found that the damage frequently pleaded by the plaintiffs – the risk of future identity theft – is too speculative to support standing for a lawsuit. But lower court decisions in the Target and Neiman Marcus data breach cases have made it easier for consumer-plaintiffs to sue and succeed at the dismissal stage.

Read full article at:

Share this post: